

























Abstract 

Pope Francis issued the Motu Proprio - Mitis Iudex 
Dominus Iesus on August 15, 2015, and it became 
effective on December 8, 2015. In this document the Holy 
Father reformed the procedure for declaration of 
marriage nullity. The document reordered and 
abrogated some canons in the 1983 Code of Canon Law. 
After the promulgation of this new law, some 
commentators have come to argue that the Holy Father 
has just made it possible to declare marriages null in the 
Catholic Church without the due processes being 
followed. Some media outlets have even tagged it as the 
new simplied way of getting a divorce in the Catholic 
church. Some Catholics are confused about the changes 
that have been made. Some wonder whether it has not 
completely eroded the traditional teaching on the 
indissolubility of marriage. It is in the light of these 
concerns that our research critically examined the 
Apostolic Constitution to identify some of the changes 
established and the implication for the understanding of 
the procedural law that all marriage tribunals are to 
strictly observed. In this paper, we brought out what is 
new and what has been reordered. We also stated the fact 
that the new law requires more direct involvement of the 

A REVIEW OF SOME OF THE CHANGES IN 

PROCEDURAL LAW IN THE DECLARATION 

OF MARRIAGE NULLITY (MITIS IUDEX 

DOMINUS IESUS).

Edwin OMOROGBE, JCD, Ph.D.  
Parish Priest of St. Paul Catholic Church 

and the Dean of Benin City.

eddyomorogbe@yahoo.com



diocesan bishop in the process of marriage nullity cases. 
The need in particular circumstances to further 
determine specic ways to deal with the newly 
introduced briefer process was noted in this research. 
The new law did not change the essential requirement for 
declaration of marriage nullity. It only simplies it to 
make it faster, cheaper, and easier for both the Tribunal 
and the parties involved. We have therefore pointed out in 
this work the changes effected by the document and the 
obligation upon those concerned with marriage cases to 
observe the new procedural law for marriage trial. One 
of the principles of law is that favour should be multiplied 
or broadly interpreted. Given this fact, the tribunal must 
immediately stop automatic appeal for afrmative 
decisions in the rst instance to the second instance.

Keywords: Review, Changes, Procedural Law, Declaration, 
Marriage Nullity

Introduction
 This paper attempts to only discuss the essential parts of the new law. 
I shall be presenting a short discourse of some aspects of the new 
norm and then highlight the novelty in the reformed procedural law 
for marriage nullity. The reform of the nullity process was meant to 
make the process quicker, less complex, cheaper, and more of a 
pastoral ministry that truly expresses the Church's institutional sign 
of mercy and a demonstration of Christ's gratuitous love towards 
those in difcult situations. However, the reform is not meant to 
redene the traditional understanding of the indissolubility of the 
marriage bond. Pope Francis is not promoting nullity of marriage, but 
the quickness of the processes as well as simplifying the process so 
that catholic couples who are in an irregular marriage may be 
reconciled with the Church and are not oppressed by the shadow of 
doubt for a prolonged period. It must also be noted that the standard 
for nullity declaration remains the same, moral certitude by the judge. 
Canonists must remain ever vigilant that this reformed process is not 

A Review of Some of the Changes in Procedural Law ...    | 229



abused. The reformed process is not a permission to be laxed in the 
adjudication of marriage nullity. Every trial is a process in the search 
for the truth. 

Innovations in the Motu Prorio
 Innovations are not made for the fun of it. There has to be a process of 
discernment and consultation with experts. MI went through that 
process. So, to a large extent, the innovations in MI are fruits of 
listening to the Holy Spirit, discerning using human instruments, and 

1
the legitimate exercise of the authority of the Supreme Pontiff.  There 
have been previous changes to the procedure of marriage nullity in 

2the Church.  So, a change to procedural law is not in itself an 
innovation in the sense that it has never happened in the past before.

1. Single Executor Sentence in Favour of Nullity: In the past 
marriage nullity trial needed two conforming sentences before the 

3decree of nullity can be executed.  The Holy Father desire to see 
justice done expeditiously informed the abrogation of the 
requirement of the automatic appeal of an afrmative sentence in the 
rst instance tribunal. This is one of the reasons for the simplication 
of the nullity process: “The need to simplify and make the processes 

4  
less complex has led to making the ordinary process more simple”
MI has abrogated this requirement of a second conforming sentence 
before the execution of a decree of nullity. “There is no longer 
required a double conforming decision declaring the nullity of the 
marriage to enable the parties to be able to contract a new canonical 

5marriage.”  Moral certitude is required for a declaration of nullity. 

1See canon 332, §1. See,  J. MCAREAVEY, “The Primacy of the Bishop of Rome: a 
Canonical Reection in Response to Ut Unum Sint,” in Studia canonica, 34 (2001),  
119-154.
2For a detailed study see, C.A. Cox, Procedural Changes in Formal Marriage 
Nullity Cases from the 1917 to the 1983 Code. Canon Law Study, no. 528, 
Washington, D.C., Catholic University of America, 1989.
 3See canon 1641.
 4Subsidium, no. 3.
5MI, art. 1.

230 |    Ekpoma Review, Volume. 7, 2020   



For many years there has been the requirement of two conforming 
6sentences for marriage nullity.  This abrogation of this requirement is 

a major contribution to marriage procedural law. The requirement of 
double conforming sentences was imposed to ensure that there was a 
thorough examination of the nullity. However, moral certitude that is 
required for marriage nullity declaration is still a high standard. What 
is required of judges in the rst instance tribunal is to ensure that they 
attain moral certitude from the facts and law and not from sentiments 
or misplaced compassion for the persons involved. 

2. A Single Judge to act under the Supervision of the Bishop: A 
diocesan bishop may constitute a single judge in the rst instance but 
this judge must be a cleric. The bishop is to ensure that the clerical 
single judge acts properly following the norms of the procedures and 

7
must reach moral certitude before the declaration of a sentence.  MI 
empowers a diocesan bishop with the authority to be able to entrust a 
case to a single clerical judge without the necessity of the intervention 

8 
of neither the Holy See nor the Bishop Conference of the country.
However, this should only be done when the possibility of a collegial 
judge cannot be attained or that there is no functioning tribunal. In 
other words, entrusting marriage nullity to a single judge remains an 

9
exception.

6For a detailed examination of conforming sentences, see, MARY J. ARIRIGUZO, 
Conformitas Sententiarum (Conformity of Sentences) in Canonical Doctrine and 
Jurisprudence (can. 1614, n.1, CIC 1983; DC art. 291), Onitsha Nigeria, Eagleman 
Books, 2012. The author argues that conforming sentences is “one of the important 
elements formally introduced into the marriage nullity procedure to safeguard the 
bond of marriage.” Ibid., p. 1.
7See MI, art. 2. See also Subsidium, no. 1.
8See Subsidium, I, no.1.
9It is important to always keep in mind the legal principle that laws which contain 
exceptions to the law are to be strictly interpreted.  For a good reading of 
interpretations of laws that make exceptions, see, ROY REMO, “Sacramental 
Laws Containing an Exception from the Law,” in Philipine Canonical Forum,  23 
(2011), pp. 209-245.

A Review of Some of the Changes in Procedural Law ...    | 231



3. The Bishop as a Judge: In the previous legislation, a diocesan 
bishop possesses judicial power; he may exercise this power as a 
judge personally or through others according to the provisions of the 

10
canons.  MI stresses the theological and pastoral reason for a 
diocesan bishop to actually judge marriage cases himself. The 
Instruction for the implementation of MI also emphasizes the need 
for the bishop to personally judge marriage nullity cases, especially 
the briefer cases: “The Bishop in his Church, as father and judge, is 
the icon of Christ-Sacrament. Therefore, he ought to be personally 
the judge, by giving a sign of his sacramental power. This is true 

11
especially in the briefer process.”  This personal exercise of the 
judicial power of the diocesan bishop taught by the Second Vatican 
Council is to be brought out more fully when the bishop judges cases 

12
by himself.  The size of the diocese or the volume of work of the 
bishop should not excuse the bishop from this proper exercise of his 
judicial power.

10See canon 1419.
11Subsidium, p. 9. The Directory for the Pastoral Ministry of Bishops, no. 68 says: “The 
Bishop should observe and require others to observe the procedural norms established 
for the exercise of judicial power, since he recognizes that these rules are no mere 
formality, still less an obstacle to be circumvented, but are a necessary means for 
establishing the facts and for administering justice.” In THE CONGREGATION FOR 
BISHOPS, The Directory for the Pastoral Ministry of Bishops, Apostolorum 
successors, 2004, no. 68, English translation from the Vatican Website 
http://www.vatican.va/roman_curia/congregations/cbishops/documents/rc_con_cbish
ops_doc_20040222_apostolorum-successores_en.html#Chapter_IV (=DPMB). 
Therefore, diocesan bishops are to observe the new procedural law by personally 
judging marriage nullity cases especially the briefer cases.
12The Second Vatican Council in LG, no. 27 states: Bishops, as vicars and ambassadors 
of Christ, govern the particular churches entrusted to them (58*) by their counsel, 
exhortations, example, and even by their authority and sacred power, which indeed they 
use only for the edication of their ock in truth and holiness, remembering that he who 
is greater should become as the lesser and he who is the chief become as the 
servant.(169) This power, which they personally exercise in Christ's name, is proper, 
ordinary and immediate, although its exercise is ultimately regulated by the supreme 
authority of the Church, and can be circumscribed by certain limits, for the advantage of 
the Church or of the faithful. In virtue of this power, bishops have the sacred right and 
the duty before the Lord to make laws for their subjects, to pass judgment on them and to 
moderate everything pertaining to the ordering of worship and the apostolate.” From 
the Vatican Website
http://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat-
ii_const_19641121_lumen-gentium_en.html.  

232 |    Ekpoma Review, Volume. 7, 2020   



  It is, therefore, the desire of the Holy Father that diocesan 
bishop judges marriage cases: “It is thus hoped that the bishop 
himself, be it of a large or small diocese, stands as a sign of the 
conversion of ecclesiastical structures and that he does not delegate 
completely the duty of deciding marriage cases to the ofces of his 
curia. This is especially true in the streamlined process for handling 

13
cases of clear nullity being established in the present document.”  In 
fact, the briefer cases can only be judged by the diocesan bishop. The 
Judicial Vicar has to instruct the case properly before the bishop 
judges the case.

4. The Briefer Process: This is one of the major innovations of MI. It 
establishes a process for the declaration of nullity that is briefer than 
the ordinary process or the documentary process. Given the fact that 
the briefer process can endanger nullity, the diocesan bishop is solely 

14charged with the responsibility of using this process.  This is because 
the diocesan bishop in union with the successor of Peter has the 
pastoral responsibility of guarantor of the Catholic unity in faith and 

15
discipline.  

The process can be used 
in cases in which the accused nullity of marriage is 
upheld by a joint request of both spouses and evident 
arguments, being the proofs of the marriage nullity of 
rapid demonstration. With a request made to the Bishop, 
and a process instructed by the Judicial Vicar or an 
Instructor, the nal decision of the declaration of nullity 
or of remitting the case to the ordinary process, belongs to 
the bishop himself, who by virtue of his pastoral ofce, is 

13MI, art. 3 emphases are mine. The use of the word, “completely” would imply that the 
bishop can delegate some of the functions to another person. But he must be involved in 
the briefer process. 
14The presumption is that the diocesan bishop is to promote the observance of the 
common discipline of the Church and ecclesiastical law. He must exercise vigilance that 
abuses do not creep into the discipline of the Church. 
15MI, art. 4.

A Review of Some of the Changes in Procedural Law ...    | 233



with Peter the major guarantor of Catholic unity both in 
faith and in discipline.

It is obvious that not all diocesan bishops are canonists, and even 
those that are may have many other pastoral commitments. The rst 
point that needs to be noted here is that, judging marriage nullity 
cases using the briefer process is part of the pastoral ministry of a 
diocesan bishop. Secondly, a diocesan bishop must appoint an 
efcient judicial vicar who will personally help to instruct the case 
before it arrives at the bishop's desk. 
 Article 14 of MI lists instances in which the briefer process is 
to be used: 

Among the circumstances of things and persons that can 
allow a case for nullity of marriage to be handled by 
means of the briefer process according to cann. 1683-
1687, are included, for example: the defect of faith which 

16 
can generate a simulation of consent or error that 

17 18 
determines the will; a brief conjugal cohabitation; an 

;19abortion procured to avoid procreation  an obstinate 
persistence in an extra conjugal relationship at the time of 

20
the wedding or immediately following it;  the deceitful 
concealment of sterility, or grave contagious illness, or 

21children from a previous relationship, or incarcerations;  

16See canon 1101, §2.
17See canon 1099.
18A false conception of marriage as an affective gratication can lead the parties to 
contract marriage without intending permanence.
19This constitutes an intention to stimulate the will against the good of children.
20This behavior is “an evident indication of the refusal of the obligation of the 
faithfulness; it can be accompanied by a refusal to have intimate relations with the 
legitimate spouse. Also in this case there can be documentary proofs (private 
investigative reports, letters, records of telephonic or electronic communications).” In 
Subsidium, III, no. 3.1.
21In these instances, the concealment constitutes deceit that can disturb conjugal life. 
The evidence most be incontrovertible, e.g., documentary proof; medical reports, 
certicates and civil sentences.

234 |    Ekpoma Review, Volume. 7, 2020   



a cause of marriage completely extraneous to married 
life, or consisting of the unexpected pregnancy of the 

22 23 
woman,  physical violence inicted to extort consent,
the defect of the use of reason which is proved by medical 
documents, etc.

Documents in support of the petition should include all medical 
records which renders ex ofcio expert intervention superuous. 
Subsidium states that the cultural situation of the parties when 
properly studied may yield some “elements which are strongly 
indicative of the invalidity of consent, which perhaps in a previous 
and different social-cultural context would not be recognized in all 

24their signicance.”
 Article 15 states that if the petition had been presented in the 
ordinary process, the judicial vicar if convinced that it can be treated 
with the briefer process, he is to notify the respondent if the libellus 
was not signed by the respondent. The notication is to inform the 
party of the possibility of using  the briefer process. What this means 
is that the judicial vicar must try and sort out cases submitted in the 
past and see if anyone of them can be tried using the briefer process he 
is to transfer that to the bishop. 
 Article 16 stipulates that the judicial vicar can designate 
himself as the instructor or name another person.  The parties are then 
to be cited and informed that they are to make available the specic 
points on which the witnesses are to be questioned. A time limit of 
three days is to be imposed. If the witnesses have already made 
depositions during the ordinary process the materials can be used in 
the briefer case (see art 17). The parties may be present at the time of 
examination of the witnesses unless there is a reason for the instructor 

22If the reason for marriage is not for the purpose of interpersonal donation of life 
between the parties the possibility exists that one of the party did not intend marriage. 
The indicative circumstances could be brief conjugal life and the initiative to separate 
and divorce. See Subsidium, III, no. 3.1.
23Fear affects the will and can validate marriage. In these cases of physical violence, 
there should be documents such as medical reports, written police records. See ibid.
24Subsidium, II, no. 3. 

A Review of Some of the Changes in Procedural Law ...    | 235



to determine otherwise. The responses of the witnesses and parties 
are to be summarily written by the notary (see art 18). The need for a 
well-trained notary cannot be over emphasized, especially in 
communities where the faithful are not literate. 
 Article 19 addresses the issue of the diocesan bishop who is to 
pronounce judgment in cases emanating from an inter-diocesan 
tribunal. The competent bishop is the bishop of the tribunal of the 
place in which the marriage was celebrated, or the tribunal of the 
place in which either or both parties have a domicile or a quasi-
domicile; or the tribunal of the place in which, in fact, most of the 
proofs must be collected. These tribunals all have equal competency.
 The law leaves the determination regarding how to 

25pronounce the sentence.  The sentence is to be signed by the bishop 
and notarized. It should contain reasons for the decision and the 
parties are to be notied within one month of the day of the decision 
(see art 19). It must be noted that the briefer process itself is a judicial 
trial and not an administrative process, therefore, “the nullity of the 
marriage can be pronounced only if the judge has arrived at the moral 

26 
certitude based on the acts and of the proofs that have been 

27gathered.”

5. The Appeal to the Metropolitan See: This ancient practice of 
appeal to the Metropolitan is to be restored in the marriage nullity 
trial. This brings out the ofce of the Metropolitan as the head of the 

28
ecclesiastical province.

6. The Role of the Episcopal Conference: A Conference of Bishops, 
as a rule, is a permanent institution of a group of bishops in a country 

25Canon 1612, §1 provides that the sentence begins with the invocation of the Divine 
Name. The pronouncement of the judgment of the diocesan bishop in the briefer case 
may follow this pattern.
26Canon 1608, §1 stipulates that any marriage sentence must have moral certitude about 
the matter to be decided. The certitudes must be derived from the acts and proofs.
 27Subsidium, no. 3.
28The Code in various occasions describes the function of the Metropolitan. Canon 435 
describes the notion and canon 432, §1 discusses the competency of the Metropolitan in 
relation to the suffragan dioceses. 

236 |    Ekpoma Review, Volume. 7, 2020   



or a certain territory that exercise authority jointly over the faithful 
29entrusted to them.  One of the purposes of setting up a Conference is 

that there should be a certain degree of uniformity in the territory that 
they exercise authority over. The decisions of the Conference of 
Bishops are to be a juridical binding force on the faithful subject to 

30
them.  The Conference should help to put into practice the reform of 

31 
the matrimonial process for the sake of uniformity in a country. The 
Conference should work with judges to ensure just and fair 
remuneration of the workers in the tribunal. MI stipulates “that 
processes remain free of charge, and that the Church, showing herself 
a generous mother to the faithful, manifest, in a matter so intimately 
tied to the salvation of souls, the gratuitous love of Christ by which 

32we have all been saved.”  The Instruction for the implementation of 
33

MI seems to indicate a voluntary offering or donation by the parties : 
“It is left to the just sensitivity of pastors and those responsible for 
tribunals the possibility of asking the parties, with pastoral tact, to 
contribute with an offering for the needs of the poor. The parties will 
certainly be generous, such that the fragrance of charity will reach the 

34
minds and hearts of the faithful in the Church.”

7. An Appeal to the Apostolic See: The right of the individual to 
always appeal to the Apostolic See is retained in the new apostolic 
constitution. The competent tribunal remains the Roman Rota to hear 

29Canon 447 describes Conference of Bishops. For further reading on Episcopal 
Conferences, see, A. Acerbi, “The Development of the Canons on Conferences and the 
Apostolic See,” in The Jurist, 48 (1988), pp. 146-152; A. Dulles, “Doctrinal Authority 
of Episcopal Conferences,” in Episcopal Conferences: Historical, Canonical and 
Theological Studies, editor t. Reese, Washington, D.C., Georgetown Univesity, 1989, 
pp. 803-103.
30See CD, no. 38, no.4. 
31Canon Law Society of Nigeria has already set up a group to work out a Vademecum to 
be presented to CBCN for approval for use in Nigeria. Canons 447-459 deal with 
Conferences of Bishops.
32MI, art. 5.
33The law always prefers voluntary donation over taxation or levy.  Canon 1262 on free 
donation comes before canon 1263 on taxation. The intention of the legislator is to show 
that taxation should only come after free will donation., see, R.T. KENNEDY, “The 
Acquisition of Goods, [cc. 1259-1272],” in CLSA COMM2, p. 1461.
34Subsidium, no. 4.

A Review of Some of the Changes in Procedural Law ...    | 237



cases of appeal of second instance from dioceses. The law regulating 
the Roman Rota will soon be reviewed to meet the new law.

Below is a Summary of the Essential Parts of MI
1.� The diocesan bishop is the sole judge for briefer cases of 

marriage nullity
2.� The diocesan bishop can appoint a sole judge in the rst 

instance tribunal
3.� The abolition of the obligation of having two conforming 

decisions
4.� Establishment of a briefer procedure for marriage nullity that 

is manifestly null
5.� Tribunal service fee to be considered or reviewed for a 

possible voluntary donation � rather than a mandatory fee.
6.� Establishment of service of information, of counselling and 

of mediation ofce connected to the pastoral service to help 
evaluate persons for a preliminary investigation for 
matrimonial nullity cases. This ofce will help to gather 
enough materials for possible nullity trial. This ofce may be 
established at deanery levels too.

7.� Diocesan bishops are now empowered to withdraw from the 
inter-diocesan tribunal if they judge that such an action will 
be more benecial to their faithful (MI, Procedural Rule, art. 
8, §§ 1-2).

8.� The probatory value of the declarations of the parties and the 
qualied witnesses has been valorized.

9.� The requirement for a letter from the parish priest of the 
petitioner indicating pastoral attempts at reconciliation had 
failed is no longer required. It is sufcient that the Judge 
before accepting the case has the certainty that the marriage 
has irreparably failed and impossible to re-established 
conjugal life (MI, can. 1675).

10.� The process of passage to super ratio has been simplied i.e., 
ratied non-� consummated

11.� A party that refused to receive any kind of information during 
trial is held to have renounced the right to receive a copy of 

238 |    Ekpoma Review, Volume. 7, 2020   



the sentence (MI, Procedural rule art. 13). �After the time 
limit of the appeal has elapsed the rst sentence can be 
executed.

12.� If an appellate tribunal consider the appeal to be dilatory, it 
must conrm the rst � instance sentence by a decree

13.� Two lay judges are now allowed in a college of three or ve 
judges

14.� Competency of tribunals are now equal; the place of 
marriage, the domicile of respondent or petitioner all have co-
current competencies. There is no need to obtain the consent 
of any JV.

Conditions for the use of the Briefer Cases
a.� The alleged nullity must be sustained by the joint request of 
the couple and with evident arguments. Testimonies or documents 
render manifest the nullity. There should be a prejudicial 
investigation before (MI Procedural Rules, art. 14).
b.� The diocesan bishop alone is the sole judge and he cannot 
delegate this function to a diocesan or inter-diocesan tribunal. Even 
when a case is instructed by an inter-diocesan tribunal the bishop is 
competent to adjudicate using the briefer process as the bishop noted 
in canon 1672 (MI, Procedural Rules art. 19). The bishop having 
consulted the instructor of the case and the assessor, weighs the 
observations of the defender of the bond and defence briefs of the 
party � (optional), and if he can arrive at moral certitude he will issue 
a sentence of nullity. If he is not able to arrive at moral certitude he 
remits the case to the ordinary process. The sentence may be drafted 
by the assessor or instructor but it must be signed by the bishop. The 
parties are to be notied of the sentence within one month. There can 
be an appeal against the sentence of the bishop to the metropolitan 
and if it was the metropolitan then the appeal is to the most senior 
suffragan bishop. Given the fact that both parties have to consent 
before the briefer process can be used, the likely person to appeal the 
sentence will be the defender of the bond. If an appeal is accepted the 
case is remitted to the ordinary process of the second instance tribunal 
(MI, can 1687, §§ 3-4).

A Review of Some of the Changes in Procedural Law ...    | 239



c.� The Judicial Vicar is to work closely with the diocesan bishop 
in the briefer process. The JV is to examine the libellus addressed to 
the bishop and determine whether it should be sent to an ordinary trial 
or briefer process.

d.���The circumstances for the use of the briefer process are:
i.� lack of faith that can generate a simulation of consent or 

an error determining the will; 
ii.� psychological and moral fragility of the contracting 

parties �e.g., young or less immature - they consider 
marriage as a form of affective gratication. This can 
result to simulation or reservation of the exclusivity of 
conjugal act to a partner; 

iii.� Brevity of the conjugal life; abortion procured to 
impede �procreation;

iv.� The obstinate permanence in an extramarital relation at 
the time of the wedding or in the period immediately 
following;

v.� The deceitful concealment of sterility or of a grave 
contagious sickness or of children born from a previous 
relationship, or of an incarceration; 

vi.� The extraneous reason for conjugal life or consistent 
with an unforeseen pregnancy of the woman; 

vii.� Physical violence inicted to extort consent; 
viii.� Lack of the use of reason conrmed by medical 

documents
 
Formal Elements to Initiate a Briefer Process
a.� A request proposed by both spouse or proposed by one and 

consented to by the other;
b.� A libellus presented to the JV in accordance with the provisions 

of canon 1504,
c.� The libellus must expound briey, wholly and clearly the facts 

upon which the request is based; indicate the proofs and the 
document upon which the request is based (MI, can. 1684). The 
gathering of the proof can be done in one session.

240 |    Ekpoma Review, Volume. 7, 2020   



Documentary Process
This is to be used for cases in which marriage nullity can be proven by 
incontrovertible document. The formalities of the ordinary process 
are omitted. A good example will be total lack of form case.

Recommendations
Below are some recommendations that Marriage Tribunal and 
Judical Vicars will nd helpful:

a.� The desire of the Holy Father to have marriage cases 
expeditiously judged must be respected. This is a question of 
the right of the faithful and it must be protected. Each tribunal 
has to fashion out a way to do this effectively without 
allowing laxity to creep into the process.

b.� Each diocesan bishop must take a personal interest in the 
administration and funding of tribunal. The allocation should 
be made in the budget to accommodate the possibility of 
having cases free of fee for indigent petitioners.

c.� The tribunal must be well staffed with competent persons and 
the necessary technological aid to help in the processing of 
cases be put in place. 

d.� A section to assist in dealing with the documentary process be 
set up within the tribunal. This section will help to exhort 
priests and lay faithful to send most of the total lack of form 
cases to the tribunal. This same section can help to advise the 
bishop on cases of convalidation and sanatio in radice. 

e.� One of the principles of law is that favor should be multiplied 
or broadly interpreted. Given this fact, the tribunal must 
immediately stop automatic appeal for afrmative decisions 
in the rst instance to the second instance. Even cases that 
were initiated before the new procedural law took effect must 
be assessed with the present norm that does not require 
automatic appeal for afrmative decision.

f.� A general review of all cases should be embarked upon to 
determine if some of them should be tried using the briefer 
process.

A Review of Some of the Changes in Procedural Law ...    | 241



Conclusion
The new procedural norms should be implemented with respect to the 
substantive doctrine of marriage. Tribunal staff must not see this as an 
implicit approval for the nullity of the marriage bond without the 
standard requirement of moral certitude on the declaration of nullity. 
The presumption of law that favours the marriage bond still holds. 
The abrogation of the law mandating automatic appeal of afrmative 
sentence in the First instance is only aimed at the process and not at 
the substance of marriage indissolubility. 

242 |    Ekpoma Review, Volume. 7, 2020   


