Robin Bill Recognizes Civil Effects of Church-Decree Annulment
March 31, 2023
Robin Bill Recognizes Civil Effects of Church-Decree Annulment
A bill filed by Sen. Robinhood "Robin" C. Padilla aims to legalize the civil effects of annulments filed before the church or religious sect, to free those trapped in unhealthy, abusive and miserable relationships.
In Senate Bill 2047 (Church Decreed Annulment Act), Padilla noted that since the Family Code of the Philippines provides that marriage may be solemnized by a priest, rabbi or minister of a church or religious sect and registered with the civil registrar general, it is only rational for the same church or religious sect to have the power to rule on its nullity, "which ideally must take the same effect in the eyes of the State."
"Whenever a marriage, duly and legally solemnized by a priest, minister, rabbi or presiding elder of any church or religious sect or any person authorized to solemnize marriages in the Philippines, is subsequently annulled or dissolved in a final judgment or decree in accordance with the canons or precepts of the church or religious sect in which the marriage was solemnized or in which either married partner is a member at the time of the request for the annulment or dissolution, the said annulment or dissolution shall have the same effect as a decree of annulment or dissolution issued by a competent court," he said in his bill.
The status of children of marriages subject to the church annulment or dissolution decree shall be determined in accordance with the Family Code of the Philippines.
If the ground for church annulment or dissolution is not similar to any of the grounds in the Family Code, their common children born or conceived before the issuance of the church annulment decree shall be considered legitimate.
Under the bill, the spouses shall agree upon the partition and distribution of the properties; and custody and support of the common children. If no agreement is met, the Family Code's provisions shall be in force.
The church annulment decree shall be recorded in appropriate civil registries along with the agreement of the spouses within 30 days from the issuance of the church annulment decree. After this, either of the former spouses may marry again.
Church Annulment, Kikilalanin ng Estado sa Bill ni Robin
Magiging legal sa mata ng Estado ang annulment na ihinain sa simbahan o sekta para matulungan ang mga nakulong sa abusadong pagsasama, kung magiging batas ang panukalang ihinain ni Sen. Robinhood "Robin" C. Padilla.
Sa Senate Bill 2047 (Church Decreed Annulment Act), ipinunto ni Padilla na sa ilalim ng Family Code of the Philippines, maaaring i-solemnize ng pari, rabbi o ministro ang kasal at i-register ito sa civil registrar general - kung kaya't makatwiran na may kapangyarihan ang simbahan o sekta na magpasya sa pagbabalewala nito - at kikilalanin dapat ito ng Estado.
"Whenever a marriage, duly and legally solemnized by a priest, minister, rabbi or presiding elder of any church or religious sect or any person authorized to solemnize marriages in the Philippines, is subsequently annulled or dissolved in a final judgment or decree in accordance with the canons or precepts of the church or religious sect in which the marriage was solemnized or in which either married partner is a member at the time of the request for the annulment or dissolution, the said annulment or dissolution shall have the same effect as a decree of annulment or dissolution issued by a competent court," ani Padilla.
Sa ilalim ng panukalang batas, ang status ng bata ay tutukuyin base sa probisyon ng Family Code of the Philippines.
Kung ang basehan ng church annulment ay iba sa probisyon ng Family Code, ang mga "common children" na isinilang bago lumabas ang church annulment decree ay ituturing na lehitimo.
Ang maghihiwalay na mag-asawa ay magkakasundo sa paghati ng ari-arian; at sa kustodiya at pagsuporta sa "common children." Kung hindi magkaroon ng kasunduan, susundan ang probisyon ng Family Code.
Itatala ang church annulment decree sa nararapat na civil registries kasama ang kasunduan ng mag-asawa hindi lalampas sa 30 araw matapos ilabas ang church annulment decree. Pagkatapos nito maaaring mag-asawa muli ang naghiwalay na mag-asawa.
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