STA.

MARIA PERSONS AND FAMILY RELATIONS MOOT COURT CUP

2017

“LET IT BE RESOLVED THAT THE HOUSE BILL NO. 6027 PROVIDING FOR THE

GROUNDS FOR THE DISSOLUTION OF A MARRIAGE SHOULD BE PASSED.”

Memorial for the Applicant

 TABLE OF CONTENTS

TABLE OF CONTENTS………………………………………………………………………. 2

INDEX OF AUTHORITIES…………………………………………………………………….3

SUMMARY OF PLEADINGS………………………………………………………………….5

PLEADINGS……………………………………………………………………………………..6

I. House Bill 6027 should be passed because it is compliant with the Constitution…....7

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

of the Philippines………………………………………………………………………...7

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…….............................................................................................................…...9

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….10

CONCLUSION AND PRAYER FOR RELIEF…………………………………………...….18

2
 INDEX OF AUTHORITIES

Constitution Page

Article VI, Section 1 of the 1987 Constitution 8

Article II, Section 12 of the 1987 Constitution 10

Phil. CONST. art XV, § 2 8

Code and Statutes

An Act Providing for Grounds for the Dissolution of a 6

Marriage, H.B. No. 6027, 17th Cong., 2d Reg. Sess. (2017)

An Act to Ordain and Institute the Civil Code of the 12

Philippines [CIVIL CODE], Republic Act No. 386, art. 55
(1950)

Civil Code Arts. 35-38 13

Executive Issuances

A.M. 02-11-10-SC,
RE: PROPOSED RULE ON DECLARATION 14
OF ABSOLUTE NULLITY OF VOID MARRIAGES AND
ANNULMENT OF VOIDABLE MARRIAGES (Mar. 4, 2003).
A.M. 02-11-11-SC RE:
PROPOSED RULE ON LEGAL 16
SEPARATION (Mar. 4, 2003).

Legislative Materials

House Bill No. 6027 6

Family Code of the Philippines 9

3
 Judicial Decisions

Philippine Cases

Tanada v. Angara, 338 Phil. 546, 580-581 (1997). 10

Basco v. Philippine Amusement and Gaming Corporation, 274 10

Phil. 323 (1991).
Antonio v. Reyes, 484 SCRA 353 (2006). 10

U.S Cases

State v. Tatty, 7 LEA 50 (2003). 8

Green vs. State, 58 Ala. 190 (1878). 8

Magee v. Young, 40 Miss. 164 (1947). 8

Trammell v. Voughman, 158 Mo. 214. 8

State v. Dukit, 70 Wis. 272, 63 NW 83. 9

Reynolds v. US, 98 U.S. 145 (1878). 9

Walton v. Walton 28.Cal.App.3d.108 (1972). 9

Home Building & Loan Association v. Blaisdell et al., 290 U.S. 9

398 (1934).
Phelps v. Prussia 60.Cal.App.2d 732 (1943). 9

State etc. Bur. v. Pomona etc. Ass., 37.Cal.App.2d Supp. 765 9

(1940).
Castleman v. Scudder 81.Cal.App.2d 737 (1947). 9

4
Pettis v. Pettis, 91 Conn. 608, 101 Atl. 13, 4 A.L.R 852 (1923). 12

Books

JOAQUIN BERNAS., THE 1987 CONSTITUTION OF THE REPUBLIC 10

OF THE PHILIPPINES: A COMMENTARY.

Others

Official Gazette of the Philippines, Legislative Branch 8

available at http://www.officialgazette.gov.ph/about/gov/the-
legislative-branch/(last accessed Nov. 11, 2017) (Phil).

5
 QUESTION PRESENTED

Whether or not House Bill No. 60271 providing for grounds for the dissolution of

marriage should be passed.

1
An Act Providing for Grounds for the Dissolution of a Marriage, H.B. No. 6027, 17th Cong.,
2d Reg. Sess. (2017).
6
 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 Applicant 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.2

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.

2
MELENCIO S. STA. MARIA., PERSONS AND FAMILY RELATIONS (6th ed. 2015).
7
 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 Constitution3

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.4

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. 5 It

creates a social status or relation between the contracting parties 6, in which not only the

spouses but the State as well are interested7, 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.8

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

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

3 Phil. CONST. art VI, § 1.

4 Official Gazette of the Philippines, Legislative Branch available at
http://www.officialgazette.gov.ph/about/gov/the-legislative-branch/(last accessed Nov. 11, 2017)
(Phil).
5 Phil. CONST. art XV, § 2.
6 State v. Tatty, 7 LEA 50 (2003) ; Green vs. State, 58 Ala. 190 (1878).
7 Magee v. Young, 40 Miss. 164 (1947); Trammell v. Voughman, 158 Mo. 214.
8 State v. Dukit, 70 Wis. 272, 63 NW 83.

8
 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. 9

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 impairment10 of contractual obligations.11

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

grounds for the dissolution of marriage12. 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.13

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.14

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.

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

10 Walton v. Walton, 28 Cal. App. 3d 108 (Cal. App. 1972) (U.S.).
11 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)
(U.S.).
12 Castleman v. Scudder, 81.Cal.App.2d 737 (1947) (U.S.).
13 H.B. No. 6027.
14 Id.

9
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.15

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.”16

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.17

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.18

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

15 JOAQUIN G. BERNAS, S.J., THE 1987 CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES: A COMMENTARY (2009 ed.).
16 Tanada v. Angara, 338 Phil. 546, 580-581 (1997).
17 Basco v. Philippine Amusement and Gaming Corporation, 274 Phil. 323 (1991).
18 Antonio v. Reyes, 484 SCRA 353 (2006).

10
 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.19

19 H.B. No. 6027.

11
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.20

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.21

20Pettis v. Pettis, 91 Conn. 608, 101 Atl. 13, 4 A.L.R 852 (1923) (U.S.).
21An Act to Ordain and Institute the Civil Code of the Philippines [CIVIL CODE], Republic Act
No. 386, art. 55 (1950).
12
 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.22

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;
22 CIVIL CODE, arts. 35-38.
13
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 sexually-transmissible disease found to be serious and appears to

be incurable, within five years after the celebration of marriage.23

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

non-resident 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

23A.M. 02-11-10-SC, RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE

NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
(Mar. 4, 2003).
14
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 attorney-in-fact.

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.

15
 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.24

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

24 A.M. 02-11-11-SC RE: PROPOSED RULE ON LEGAL SEPARATION (Mar. 4, 2003).

16
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.25

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.

25 H.B 6027, An Act Providing for Grounds for the Dissolution of a Marriage
17
 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

18