THE SUPREME COURT OF THE PHILIPPINES

MEMORIAL FOR THE RESPONDENTS

2017
 INDEX OF AUTHORITIES

Constitution Page

Article VI, Section 1 of the 1987 Constitution

Article II, Section 12 of the 1987 Constitution

PHIL. CONST. art XV, § 2

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES: A

COMMENTARY

Code and Statutes

An Act Providing for Grounds for the Dissolution of a Marriage, H.B. No.
6027, 17th Cong., 2d Reg. Sess. (2017)

An Act to Ordain and Institute the Civil Code of the Philippines [CIVIL
CODE], Republic Act No. 386, art. 55 (1950)

Civil Code Arts. 35-38

Legislative Materials

House Bill No. 6027

Family Code of the Philippines

Judicial Decisions

Philippine Cases
Tanada v. Angara, 338 Phil. 546, 580-581 (1997).

Basco v. Philippine Amusement and Gaming Corporation, 274 Phil. 323

(1991).

Antonio v. Reyes, 484 SCRA 353 (2006).

U.S Cases

State v. Tatty, 7 LEA 50 (2003)

Green vs. State, 58 Ala. 190 (1878)

Magee v. Young, 40 Miss. 164 (1947);

Trammell v. Voughman, 158 Mo. 214 (year)

State v. Dukit, 70 Wis. 272, 63 NW 83 (year)

Reynolds v. US, 98 U.S. 145 (1878)

Walton v. Walton 28.Cal.App.3d.108 (1972)

Home Building & Loan Association v. Blaisdell et al., 290 U.S. 398 (1934)

Phelps v. Prussia 60.Cal.App.2d 732 (1943);

State etc. Bur. v. Pomona etc. Ass., 37.Cal.App.2d Supp. 765 (1940)

Castleman v. Scudder 81.Cal.App.2d 737 (1947)

Pettis v. Pettis, 91 Conn. 608, 101 Atl. 13, 4 A.L.R 852 (1923)
 QUESTION PRESENTED

Whether or not House Bill No. 6027 providing for grounds for the dissolution of

marriage should be passed.

 SUMMARY OF PLEADINGS

The Applicant asserts that there is a need for House Bill 6027 to be passed. It

provides the remedy for the dissolution of marriage on grounds of irreconcilable

differences or severe and chronic unhappiness. To support the claim, the Aplicant

submits the following:

First, House Bill 6027 is compliant with the Constitution. The Constitution vests

legislative power to the Congress of the Philippines. The Congress’ proposed bill follows

the standards, principles, and policies set by the Constitution. Likewise, the Constitution

recognizes the sanctity of the family. Thus, the law favors marriage as the important of

domestic relations and therefore allows only its dissolution under such restrictions and

limitations as the legislature may deem best for public welfare.

Second, the Family Code recognizes the fact that there are defects in a marriage.

Although there are certain laws which have been passed involving family relations, these

laws aren’t sufficient or enough to legally terminate a marriage which allows a peaceful

co-existence between the spouses. Hence, the need for the bill to be passed.
 PLEADINGS

I.House Bill 6027 should be passed because it is compliant with the Constitution.

A. Article VI, Section 1 of the 1987 Constitution vests legislative power to the

Congress of the Philippines

It is expressly stated in the first section of Article VI of the 1987

Constitution that the Congress, which is composed of a Senate and a House of

Representatives, shall be granted legislative power. Congress is responsible in

making laws that follow the standards, principles, and policies set by the

Constitution.

This power extends to all facets of the society, including contracts and

special contracts such as marriage.

Marriage is the foundation of the family and must be protected by the

state. It creates a social status or relation between the contracting parties, in which

not only the spouses but the State as well are interested, and involves a personal

union of participating parties of a character unknown to any other human

relations, and having more to do with the morals and civilization of a people than

any other institution.

Furthermore, marriage, while from its very nature a sacred obligation, is

nevertheless, in most civilized nations, a civil contract, and usually regulated by

law.

Upon it, society may be said to be built, and out of its fruits spring social

relations and social obligations and duties, with which government is necessarily

required to deal.
 Contracts or transactions that give birth to relationships infused with a

substantial public interest are deemed to incorporate and contemplate not only the

existing law but the reserved power of the state to amend the law or enact

additional law for the public good and in pursuance of public policy. Such

legislative amendments or enactments do not constitute an unconstitutional

impairment of contractual obligations.

In 2017, Members of the House of Representatives proposed an act

providing for grounds for the dissolution of marriage. House Bill 6027 aims to

ease the access to legal processes to terminate a marriage while allowing between

the former spouses a peaceful and productive co-existence which is beneficial to

the family.

Proponents of the said act assert that the grounds for the termination of

marriage, provided in the Family Code of the Philippines is “extremely

adversarial in nature and is very expensive.” They pointed out that the tedious

process does not only worsen conflict between spouses but also affects the

welfare of their common child/children.

With the power vested by the Constitution, the Congress may act upon

pressing matters such as the effectual termination of marriage favoring the

welfare of the family.

B. Article II, Section 12 of the 1987 Constitution recognizes the sanctity of the family

and shall protect and strengthen it as a basic autonomous social institution

Article II, Section 12 of the 1987 Constitution provides that the State shall protect

and strengthen the family as a basic autonomous social institution. “Basic” social
institution is an affirmation of the Constitution that the family is “anterior” to the state

and is not a “creature” of the state.

Meanwhile, the categorization of the family as “autonomous” is meant to protect

the family against instrumentalization by the state. This denotes that the family is

independent from the state.

This provision, however, is non-self-executory. Article II as a whole is entitled

“Declaration of Principles and State Policies.” The 28 provisions under this article are

“used by the judiciary as aids or guides in the exercise of its power of judicial review, and

by the legislature in its enactment of laws.”

The Supreme Court once ruled that Article II, Section 12 is merely a statement of

principle and state policy. The high Court, however, emphasizes that when the Congress

crafts laws, it must not be violative or inconsistent with the aforementioned provision. It

must be ensured that the laws clearly define and effectuate the provision.

The Constitution does not provide for the specific procedure on how it will

implement these principles. Thus, there is a need for the legislature to define all legal

aspects of marriage and prescribe the strategy and the modalities to protect it.

Hence, the proposal of H.B. No. 6027.

Section 1 of the aforementioned proposed act states that marriages may be

“dissolved” under two grounds: namely, irreconcilable differences and/or severe and

chronic unhappiness. These grounds, however, must be proven to have caused the

irreparable breakdown of the marriage.

Authors of the act provided that the petition for dissolution of marriage may be

filed by either or both parties. In cases of joint petition, the couple is expected to submit a
joint plan for parenthood over their common children. The said plan would

include agreement on the support, parental authority, custody, and living arrangement for

the children.

The court will take part in the enforcement of the plan through ensuring that the

setup of the family would be according to the outline of the joint plan parenthood.

The Act explicitly shows that there is an intention to promote the welfare of the

family and, most of all, the interest of the children.

Thus, in order to allow between the former spouses a peaceful and productive co-

existence which is beneficial to the family, House Bill 6027 should be passed.

II. The Family Code recognizes the fact that there are defects in a marriage; hence,

the existence of legal separation, declaration of nullity of marriage, and annulment

The Family Code provides for three modes of relief against detrimental effects of

marriage: namely, legal separation, declaration of nullity of marriage, and annulment.

A decree of legal separation does not cut off the marital status but involves

nothing more than “bed-and-board separation” of the spouses. The decree, on the other

hand, can be easily terminated by the spouses filing a manifestation in court.

The Family Code provided grounds which may be used in filing for a petition for

legal separation: namely, repeated physical violence or grossly abusive conduct directed

against the petitioner, a common child, or a child of the petitioner; physical violence or

moral pressure to compel the petitioner to change religious or political affiliation; and

attempt of respondent to corrupt or induce the petitioner, a common child, or a child of

the petitioner, to engage in prostitution, or connivance in such corruption or inducement.

 Also included as other grounds in filing for a petition of legal separation are final

judgment sentencing the respondent to imprisonment of more than six years, even if

pardoned; drug addiction or habitual alcoholism of the respondent; lesbianism or

homosexuality of the respondent; contracting by the respondent of a subsequent

bigamous marriage, whether in the Philippines or abroad; sexual infidelity or perversion;

attempt by the respondent against the life of the petitioner; or abandonment of petitioner

by respondent without justifiable cause for more than one year.

A declaration of nullity of marriage applies to marriages which are void due to the

lack of any of the formal and essential requisites. A petition to declare the marriage void

presupposes that the marriage was void or invalid from the beginning.

Pursuant to the Family Code, only the following are considered as valid grounds

for the declaration of absolute nullity of marriage: if either party is below 18 years of age,

even with the consent of parents or guardians; marriage was solemnized by a person not

legally authorized to perform marriages, unless it was contracted with either or both

parties believing in good faith that the solemnizing officer had the legal authority to do

so; marriage was solemnized without license, except those allowed under the

law; bigamous or polygamous marriages not falling under Article 41; and marriage was

contracted through mistake of one contracting party as to the identity of the other.

Also, subsequent marriages that are void under Article 53 are that either party was

psychologically incapacitated to comply with the essential marital obligations of marriage

at the time of the celebration of the marriage, incestuous marriages, marriages which are

void from the beginning for reasons of public policy.

 Whereas, the rules on declaration of absolute nullity of void marriages and

annulment of voidable marriages is under the Family Code of the Philippines. The

petition for Declaration of Absolute Nullity may be filed solely by the husband or the

wife while the petition for Annulment may be filed by the following persons: the

contracting party whose parent, or guardian, or person exercising substitute parental

authority did not give his or her consent, within five years after attaining the age of

twenty one unless, after attaining the age of twenty one, such party freely cohabitated

with the other as husband or wife; or the parent, guardian or person having legal charge

of the contracting party, at any time before such party has reached the age of twenty one;

the sane spouse who had no knowledge of the other's insanity; or by any relative,

guardian, or person having legal charge of the insane, at any time before the death of

either party; or by the insane spouse during the a lucid interval or after regaining sanity,

provided that the petitioner , after coming to reason, has not freely cohabited with the

other as husband or wife; the injured party whose consent was obtained by fraud, within

five years after the discovery of the fraud, provided that said party, with full knowledge

of the facts constituting the fraud, has not freely cohabited with the other as husband or

wife; the injured party whose consent was obtained by force, intimidation, or undue

influence, within five years from the time the force intimidation, or undue influence

disappeared or ceased, provided that the force, intimidation, or undue influence having

disappeared or ceased, said party has not thereafter freely cohabited with the other as

husband or wife; the injured party where the other spouse is physically incapable of

consummating the marriage with the other and such incapability continues and appears to

be incurable, within five years after the celebration of marriage; and, the injured party
where the other party was afflicted with a sexuallytransmissible disease found to be

serious and appears to be incurable, within five years after the celebration of marriage.

Both petitions, respectively, must be filed in the Family Court where the

petitioner or respondent had been residing for at least 6 months prior to the date of filing

or in the case of a nonresident respondent, where he may be found in the Philippines at

the election of the petitioner.

The contents and forms of the petition for the declaration of nullity of marriage

must allege the complete facts constituting the cause of action, stating the names and ages

of the common children of the parties and specify the regime governing their property

relations, as well as the properties involved.

If there is no adequate provision in a written agreement between the parties, the

petitioner may apply for a provisional order for spousal support, the custody and support

of common children, visitation rights, administration of community or conjugal property,

and other matters similarly requiring urgent action. It must be verified and accompanied

celebration of marriage. The same shall be filed in the Family Court.

While, the contents and forms of the petition for annulment must allege the

complete facts constituting the cause of action, stating the names and ages of the common

children of the parties and specify the regime governing their property relations, as well

as the properties involved.

If there is no adequate provision in a written agreement between the parties, the

petitioner may apply for a provisional order for spousal support, custody and support of
common children, visitation rights, administration of community or conjugal property,

and other matters similarly requiring urgent action.

It must be verified and accompanied by a certification against forum shopping.

The verification and certification must be signed personally by me petitioner. No petition

may be filed solely by counsel or through an attorneyinfact.

If the petitioner is in a foreign country, the verification and certification against

forum shopping shall be authenticated by the duly authorized officer of the Philippine

embassy or legation, consul general, consul or vice consul or consular agent in said

country.

It shall be filed in six copies. The petitioner shall serve a copy of the petition on

the Office of the Solicitor General and the Office of the City or Provincial Prosecutor,

within five days from the date of its filing and submit to the court proof of such service

within the same period. Failure to comply with any of the preceding requirements may be

a ground for immediate dismissal of the petition.

Upon entry of the judgment granting the petition, or, in case of appeal, upon

receipt of the entry of judgment of the appellate court granting the petition, the Family

Court, on motion of either party, shall proceed with the liquidation, partition and

distribution of the properties of the spouses, including custody, support of common

children and delivery of their presumptive legitimes pursuant to Articles 50 and 51 of the

Family Code unless such matters had been adjudicated in previous judicial proceedings.
 On the other hand, a petition for legal separation may be filed only by husband

and wife within five years from the time of the occurrence of the causes under Article 55

of the Family Code.

The contents and form of the petition shall allege the facts constituting the cause

of action, stating the name and ages of the common children of the parties, specifying the

regime governing their property relations, the properties involved, and creditors, if any. It

must be verified and accompanied by a certification against forum shopping and must be

personally signed by the petitioner.

The petition shall be filed in the Family Court of the province or city where the

petitioner or the respondent has been residing for at least six months prior to the date of

filing "or in The case of a non-resident respondent, where he may be found in the

Philippines, at the election of the petitioner.

Upon entry of the judgment granting the petition, or, in case of appeal, upon

receipt of the entry of judgment of the appellate court granting the petition, the Family

Court, on motion of either party, shall proceed with the liquidation, partition and

distribution of the properties of the spouses, including custody and support of common

children, under the Family Code unless such matters had been adjudicated in previous

judicial proceedings.

Given the process for annulment, nullity of marriage, and legal separation, the

proposed bill has its own grounds and processes distinct from that of the three.

House Bill 6027 dissolves a marriage based on irreconcilable differences, or

severe and chronic unhappiness, of the spouses which shall have caused the irreparable
breakdown of the marriage. The petition may be filed by one or both parties to a marriage

together with the joint plan for parenthood over their common children in cases of a joint

petition.

It is said that in case of dissolution of marriage, matters relating to support of the

common children and exercise of parental authority over them shall be based on the joint

plan for parenthood unless the court, with the best interest of the children in mind.

Therefore, the said bill intends to ease the access to legal processes for the

termination of marriage while at the same time preserves the chance for a post-marriage

scenario that allows a peaceful and productive relationship.

 CONCLUSION AND PRAYER FOR RELIEF

Based on the pleadings, the Applicant respectfully implores the Court to allow the

dissolution of marriage on the grounds of irreconcilable differences and severe and

chronic unhappiness because of the following reasons:

1. The House Bill 6027 is compliant with the Constitution.

2. The Family Code recognizes that there are defects in a marriage.

Respectfully submitted,

Agent of the Applicant