REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES

INFANTA, PANGASINAN

13TH CONGRESS
1st REGULAR SESSION

HOUSE BILL NO 1209

____________________________________________________________________________

Introduced by:
Kinnah Alojepan - Mas
____________________________________________________________________________

EXPLANATORY NOTE

This bill seeks to further the limitations of Breach of Contract within the bounds of a Promise to
Marry. This shall be known as Republic Act 1209 of 2021 or AN ACT PRESERVING THE
SANCTITY OF MARRIAGE AND THE PROTECTION OF ALL THE OBLIGATIONS AND
CONTRACTS REVOLVING ITS RESCISSION, CREATING THE LAW AGAINST BREACH OF
PROMISE TO MARRY UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES, or shall be commonly known as the Breach of
Promise to Marry Law.

R.A. 1209, more specifically, the proceeding chapters shall expand the provisions of Breach of
Contract 1as provided by the law and aggravate the penalties on circumstances that would have
caused permanent effects on the well-being of the aggrieved party. This shall also tackle the
inconvenient indemnity that will be shouldered by the aggressor in cases knowing that they left
behind a broken individual, not only emotionally but psychologically and financially.

In view of the foregoing, this proposal is earnestly sought and requested in your good office.

KINNAH ALOJEPAN MAS

Representative
Pangasinan 1st District
Municipality of Infanta

PREAMBLE

The foregoing provisions under the breach of contract shall adopt to the validity of this law and
should be infused by wisdom. Most of the individuals suffer the responsibility of carrying the
burden after men have left them with either a shameful experience, a blame-attributing
circumstances, or worst, a child to support.

Hence, the need to revert and consider the Breach of Contract Law that set forth in the Revised
Penal Code shall support the mentioned proposed Act of Breach of Promise to Marry and
include this in the Special Penal Law.
1
Article 1170, The New Civil Code of the Philippines
 REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
Municipality of Infanta

13TH CONGRESS
1st REGULAR SESSION

Begun and held in the Municipality of Infanta, on twelfth day of April, two thousand and twenty
one.

REPUBLIC ACT No. 1209

AN ACT PRESERVING THE SANCTITY OF MARRIAGE AND THE PROTECTION OF ALL

THE OBLIGATIONS AND CONTRACTS REVOLVING ITS RESCISSION, CREATING THE
BREACH OF PROMISE TO MARRY UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress

Assembled:

TITLE I

GOVERNING PRINCIPLES

CHAPTER 1

TITLE, POLICY AND DEFINITION OF TERMS

SECTION 1. Short Title and Scope. - This Act shall be known as the “Breach of Promise to
Marry Act of 2021." It shall cover the different stages involving proposals, the promise of
marriage, the celebration of marriage itself, the appropriate actions towards the benefited party,
and the remedies of the party inflicted with irreparable damage and injury.

SECTION 2. State Policies. The following State policies shall be observed at all times:

(a) The State recognizes the solemnity of marriage and the vital role of couples in creating a
family and shall promote and protect their physical, moral, spiritual, intellectual and
psychological well-being. It shall inculcate in each couple the mutual love and respect of the
promise they have offered and encourage their involvement in the sanctity of their oath.

(b) The State shall protect the best interests of a couple and their children through measures
that will ensure the observance of international standards of marriage protection, especially
those to which the Philippines is a party. Proceedings before any authority shall be conducted in
the best interest of an individual engaged and in a manner which allows the party to participate
and to express himself/herself freely. The participation of these individuals in the program and
policy formulation and implementation related to the Breach of Promise to Marry and their
welfare shall be ensured by the concerned government agency.

(c) The State likewise recognizes the right of an engaged individual and common-law partners
including proper care and love, and special protection from all forms of neglect, abuse, cruelty,
and exploitation, and other conditions prejudicial to their well-being.
(d) Pursuant to Book IV of Civil Code of the Philippines, the State recognizes the right of every
individual and partners alleged as, accused of, adjudged, or recognized as having infringed the
penal and civil law to be treated in a manner consistent with due process of law with a sense of
dignity and worth, taking into account the legal capacity, age, and desirability of promoting
his/her psychological state. Whenever appropriate and desirable, the State shall adopt
measures for dealing with such individuals without resorting to judicial proceedings, providing
that human rights and legal safeguards are fully respected. It shall ensure that individuals are
dealt with in a manner appropriate to their well-being by providing for, among others, a variety of
disposition measures such as care, therapy, guidance, and supervision orders, counseling,
probation, education, and other alternatives to institutional care.

(e) The administration and celebration of marriage shall take into consideration the cultural and
religious perspectives of the Filipino people, particularly the indigenous peoples and the
Muslims, who we recognize to use the Sharia Law, consistent with the protection of the rights of
any individuals belonging to these communities.

(f) The State shall apply the principles of Breach of Contract in all its laws, policies and
programs applicable to Specific Performances.

SECTION 3. Liberal Construction of this Act. - In case of doubt, the interpretation of any of
the provisions of this Act, including its implementing rules and regulations (IRRs), shall be
construed liberally in favor of the party who submitted their complaints or the aggrieved
individual..

SECTION 4. Definition of Terms. - The following terms as used in this Act shall be defined as
follows:

(a) Marriage 2 refers to a special contract of permanent union between a man and a woman
entered into in accordance with law for the establishment of conjugal and family life. It is
the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except
that marriage settlements may fix the property relations during the marriage within the
limits provided by this Code.

(b) Contract 3 refers to the meeting of minds between two persons whereby one binds
himself, with respect to the other, to give something or to render some service.

(c) Common law partner/marriage4 refers to a relationship between a man and a woman
who live exclusively with each other without the benefit of marriage or if the marriage is
void.

(d) Breach of Contract refers to cause of action either for a specific performance that he
failed to do or perform or any omission to perform or to what he is obliged to do or
perform.

2
Article 1, Chapter 1, The Family Code of the Philippines
3
Article 1305, Obligations and Contracts, Civil Code of the Philippines
4
Article 147, The Family Code of the Philippines
 (e) Family home 5refers to the dwelling house where a person and his family reside, and the
land on which it is situated.

(f) Psychological Incapacity is the condition of which a person is having lucid intervals
which makes it hard for him/her to be of legal capacity.

(g) Neglect and abandonment refers to a condition where one is being left alone in
circumstances where one suffers serious harm, or lacks adequate food, housing,
clothes, medical care, education, or supervision.

CHAPTER 2
PRINCIPLES IN THE ADMINISTRATION OF BREACH OF PROMISE TO MARRY

SECTION 5. Rights of the Individual Affected by the Breach of Promise to Marry - Every
individual suffering from the injuries of the broken promise shall have the following rights,
including but not limited to:

(a) The right not to be subjected to degrading treatment and shameful judgments;

(b) The right not to be deprived, unlawfully or arbitrarily, of his/her right over what is due for
him/her;

(c) The right to be treated with humanity and respect, for the inherent dignity of the person, and
in a manner which takes into account the needs of a person of his/her age. In particular, an
individual who suffered from this kind of abuse shall not be placed together in one counseling
with the accused. He/She shall be conveyed separately in the intervention and would have the
right to maintain contact with his/her counsel and family through the exchange of
correspondence and visitation, except in several exceptional circumstances;

(d) The right to prompt access to legal and other appropriate assistance, as well, before a court
or other competent, independent, and impartial authority, and to a prompt decision on such
action;

(e) The right to be indemnified and recognizance, in appropriate cases;

(f) The right to testify as a witness and present his/her evidence during the course of the trial to
support his/her claim;

(g) The right to have his/her privacy respected fully at all stages of the proceedings;

(h) The right to diversion if he/she is qualified and voluntarily avails of the same;

(i) The right to be imposed a judgment in proportion to the gravity of the offense where his/her
best interest, the rights of the victim, and the needs of society are all taken into consideration by
the court, under the principle of marriage;

(j) other rights as provided for under existing laws, rules and regulations.
5
Article 112, Section 1, The Family Code of the Philippines
SECTION 6. Minimum Age of Liability. - A person eighteen (18) years of age or above but
below twenty-five (25), at the time of the commission of the offense shall be mitigated from
criminal liability. However, the person shall be subjected to an intervention program pursuant to
Section 21 of this Act.

A person above twenty-five (25) years old shall likewise be mitigated from criminal liability and
be subjected to an intervention program unless he/she has acted with discernment and full legal
capacity to engage in obligations and contracts in the essential requisite of marriage 6, in which
case, such individual shall be subjected to the appropriate proceedings in accordance with this
Act.

The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.

SECTION 7. Determination of Age. - The individual in conflict with this act shall enjoy the
presumption of innocence. He/She shall enjoy all the rights of an innocent person until the law
decides that he has the legal capacity and acted on his own volition and discernment. He/she
must be proven to be eighteen (18) years old or older. The age of an individual may be
determined from his birth certificate or any other pertinent documents. In the absence of these
documents, age may be based on information testimonies of other persons, the physical
appearance of the person, and other relevant evidence. Pending hearing on the said motion,
proceedings on the main case shall be suspended.

In all proceedings, law enforcement officers, prosecutors, judges, and other government officials
concerned shall exert all efforts at determining the age of the accused in conflict with the law.

TITLE II

STRUCTURES IN THE ADMINISTRATION OF BREACH OF PROMISE TO MARRY

SECTION 8. Inter-Agency Council (IAC-VAIPC). - In pursuance of the above-mentioned law,

there is hereby established an Inter-Agency council on these kinds of violence and neglect. To
wit:

(a) Department of Social Welfare and Development (DSWD)

(b) National Commission on the Role of Filipino Women (NCRFW)

(c) Commission on Human Right (CHR)

(d) Department of Justice (DOJ)

(e) Philippine National Police (PNP)

(f) Department of Health (DOH)

(g) Department of Education (DepEd)

6
Article 2, Chapter 1, Executive Order No. 209: The Family Code
 (h) National Bureau of Investigation (NBI)

The IAC-VAIPC shall convene within fifteen (15) days from the effectivity of this Act. The
Secretary of Justice and the Secretary of Social Welfare and Development shall determine the
organizational structure and staffing of the IAC-VAIPC.

The IAC-VAIPC shall coordinate with the Office of the Court Administrator and the Philippine
Judicial Academy to ensure the realization of its mandate and the proper discharge of duties
and functions, as provided.

SECTION 9. Construction.- This Act shall be liberally construed to promote the protection and
safety of victims of a breach of promise to marry.

SECTION 10. Acts of Breach of promise to Marry. - The crime of Breach of promise to Marry
is committed when the following elements are present:

(a) The existence of an oath or promise to marry;

(b) Implied or expressed interest in marrying someone;

(1) Presence of an engagement ring and wedding plans

(2) “Pamamanhikan” or the Filipino way of asking your partner’s family in blessing
your intention to get married;

(3) Common Law Partners bearing an illegitimate child and staying for five (5) years
after the birth of the child;

(4) Mere series of expression of marriage from the other party;

(c) Performance by the plaintiff or some justification for nonperformance;

(d) Failure to perform the promise by the defendant; and,

(e) Resulting in irreparable damage, injury, and shameful circumstances to the plaintiff.

(1) Resulting to medical needs and psychological trauma of the plaintiff;

(2) Insinuated the plaintiff to attempt or commit suicide due to depression;

(3) Public shaming due to the cancellation of marriage; and

(4) Insinuating the plaintiff to put the child for adoption due to mental health struggle
and financial instability.

SECTION 11. Mitigating Circumstances to Lower Liabilities. - The following shall be the
grounds to mitigate the indemnity and penalty that will be imposed upon the offender. To wit:
 (1) Medical reasons that will more likely to end up in permanent disability or death in the
next two (2) months; and

(2) “Pikot” or any circumstances made by the plaintiff’s kin to obliged accused for marriage;

SECTION 12. Extinguishing of Criminal Liability. - The amicable settlement of pursuing the
celebration of marriage shall extinguish the criminal liability of the Defendant provided it be his
voluntary and own volition to provide his consent. The same shall be exempted if the obligation
neglected arises out from Fraud, Intimidation, and Force. To wit:

(1) Uncontrollable fear;

(2) Irresistible Force;

(3) Intimidation;

(4) Promotion of arranged marriage, except, in some cases provided by the law,
such as Shari’ ah, and by any Indigenous People as protected by the IPRA, and
any that is not contrary to law, good morals, and public policy.

SECTION 13. Penalties.- The crime of Breach of Promise to Marry shall be punished according
to the following rules:
(a) Any acts falling under Section 10 shall be punished by Prision Correccional;

Acts falling under Section 11 shall be punished by imprisonment of two degrees lower than the
prescribed penalty of Prision Correccional as specified in the above-mentioned paragraph but
shall in no case be lower than Arresto Mayor.

(a) Acts falling under Section 10 (e) shall be punished by Prision Mayor;

(b) Acts falling under Section 11 shall be punished by Arresto Mayor;

Furthermore, If the acts are committed while the woman is pregnant the penalty to be applied
shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall:

(a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but
not more than three hundred thousand pesos (300,000.00);

(b) shall be rewarded for attorney’s fees, moral, and exemplary damages;

(c) undergo mandatory psychological counseling or psychiatric treatment and shall report
compliance to the court.
SECTION 14. Venue.- The Regional Trial Court designated as a Family Court shall have
original and exclusive jurisdiction over cases of Breach of Promise to Marry. In the absence of
such court in the place where the offense was committed, the case shall be filed in the Regional
Trial Court where the crime or any of its elements was committed at the option of the compliant.

SECTION 15. Protection Orders. - A protection order is an order issued under this act for the
purpose of preventing further acts of abuse and humiliation against the aggrieved party and
his/her family. The relief granted under a protection order serves the purpose of safeguarding
the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating
the opportunity and ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement agencies. The
protection orders that may be issued under this Act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent protection order (PPO). A Writ of Preliminary
Injunction, availment of Article 247 of the same code, commonly known, as Destierro, and
Restraining Orders can also be provided in the course of litigation or in any case as it may deem
necessary. The protection orders that may be issued under this Act shall include any, some or
all of the following reliefs:

(a) Directing Defendant to stay away from Complainant’s family home and designated family
or household members at a distance specified by the court;

(b) Granting sole and temporary custody of the children, whether legitimate or illegitimate,
while the proceeding of the case is ongoing;

(c) Directing Petitioner sold custody of all the rights and properties under their partnership
gains; and

(d) Removal and exclusion of the respondent from their residence.

SECTION 16. Violation of Protection Orders. - Violation of any protection orders shall be
punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil
action that the offended party may file for any of the acts committed.

SECTION 17. Prescriptive Period. - Acts falling under Sections 10 shall prescribed in five (5)
years. Acts falling under Sections 11 shall prescribe in ten (10) years.

SECTION 18. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, lucid
interval, or any other mind-altering substance shall not be a defense under this Act.

SECTION 19. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel

should observe the following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and
privileges for indigent litigants.
SECTION 20. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall
provide the victims temporary shelters, provide counseling, psycho-social services and /or,
recovery, rehabilitation programs and livelihood assistance.

SECTION 21. Mandatory Programs and Services for Victims. - The DSWD, and LGU's shall
provide the accused provide counseling, psycho-social services and /or, recovery, and
rehabilitation programs.

SECTION 22. Implementing Rules and Regulations. – Within six (6) months from the
approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, and the PNP, and three (3)
representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing
Rules and Regulations (IRR) of this Act.

SECTION 23. Separability Clause. – If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.

SECTION 24. Repealing Clause – All laws, Presidential decrees, executive orders and rules
and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.

SECTION 25. Effectivity – This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation.

APPROVED,

Rofer Jay Ferrer

Teacher

This Act was finally passed by Kinnah Alojepan Mas on April 4, 2021.