FAMILY CODE

Articles 1-73

Family Code
EO 209

TITLE I. Marriage

Chapter 1. Requisites of Marriage

Article 1.

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

 Parties in ordinary contract may agree everything unless contrary to law.

 When A and B enters marriage, the status of being married has various obligations impose by
law.

Property Relations : is the ONLY instance when the Husband and Wife can stipulate as to the
terms and conditions.

Article 74. The property relationship between Husband and Wife shall be governed in the
following order:

(1) By Marriage settlement executed before the marriage;

(2) By provisions of this code; and
(3) By the local custom

Economic Regime/ Property Relations:

1. Absolute Community of Property ( Chapter 3 of Title IV of the F.C )

2. Conjugal Partnership Property ( Chapter 4 of Title IV of the F. C)
3. Complete Separation of Property ( Chapter 5 of Title IV of the F.C)
4. Or Combination of the Three

When can the decide the Property Relations? Before the Celebration of Marriage
Can they modify? No. Before the Celebration of Marriage only.

Article 2.

No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer.

Article 2 (1). Meaning of Legal Capacity

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(1) Age -18 years old above ( Art 14. 18-21 shall have PARENTAL CONSENT)
(2) Sex – Male and Female ( Art 5)
(3) Status- Single
(4) No legal impediments
Still not valid marriage even if they qualify the age if they qualified under Articles 37
and 38

Art. 37. Being Incestuous. Void Ab Initio (Whether Legitimate or Illegitimate)

1. Ascendants and Descendants of any degree
2. Between Brothers and Sisters, whether of the full of half blood.

Art. 38. By reason of Public Policy. Void Ab Initio;

1. Between Collateral blood relatives, whether legitimate or illegitimate, up to the

fourth civil degree;
2. Between step-parents and step-children;
3. Between Parents-in-law and children-in –law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouses of the adopting parent and the adopted child;
6. Between the surviving spouse of the adopted child and the adopter
7. Between an adopted child and a legitimate child of the adopter
8. Between the adopted children of the same adopter; and
9. Between parties where one; with the intention to marry the other, killed that
other person’s spouse or his or her own spouse.

What is not prohibited are the following:

1. Marriage between an adopted child and an illegitimate child of the adopter

2. Marriage between step children

Marriage between these parties are not prohibited because they are not
enumerated as void under Art. 38 of the Family Code

Example Question:

A owes B 5 million pesos, A did not pay B, even if the latter exhaust all the means for A
to pay him. B killed A. After 2 years, B married the wife of A. Is the marriage valid?

ANS. Yes, because the intention of B in killing A is not due to his intention of Marrying X. It is only a void
marriage by reason of public policy if the reason of B in killing A is to marry X.

 Article 38(9)
1. Intention for killing must be in order to marry the surviving spouse
2. No conviction is required

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-Article 38 (9) excludes killing thru negligence since there is no intent to kill
- The difficulty in this article is proving that the reason for killing is to enable the killer and
the surviving spouse to marry each other

Article 2(2). Consent be freely given.

Consent in this paragraph is the consent of the contracting parties.

*The consent of 18-21 years old, to be perfectly valid, the consent of the parents must be present.

CONSENT FREELY GIVEN to be valid, it must not be vitiated by any vices of consent [VOIDABLE Art
45(3),(4) ]

1. Fraud ( Art 45 (3) Types of Fraud Enumerated under Art 46)

2. Violence or force [Art 45 (4)]
3. Undue influence [Art 45 (4)]
4. Intimidation [Art 45 (4)]

Article 3.

The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this title;
(3) A marriage ceremony which takes place with the appearance of both parties before the
solemnizing officer and their personal declaration that they take each other as husband and
wife in the presence of not less than two witnesses of legal age.

FIRST FORMAL REQUISITE:

Article 3 (1). Authority of the solemnizing officers (Article 7)

Article 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court’s jurisdiction;
 If retired : VOID AB INITIO because the law provides that the Judge must be an incumbent
member; UNLESS either or both of the parties believed in GOOD FAITH that he is still a Judge
[ Art 35 (2) ]
 This is mistake of fact;an irregularity
 Article 4 (3). Irregularities in the Formal Requisites shall not affect the validity of the
Marriage but the party or parties responsible or the irregularity shall be civilly, criminally and
administratively liable.
 Judge must execute the Marriage in their Jurisdiction, contrary to this will make the
marriage VOIDABLE.
 Justices- their jurisdiction is anywhere in the Philippines
 WHAT IF, You believed that the President can solemnize marriage ? VOID AB INITIO, this is
mistake of Law. GOOD FAITH here will not validate the marriage. Because it is not

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enumerated under Article 7 of the F.C ( Though how high the position of the public official,
so long that he is not mentioned under the law, he is not authorized to solemnized
marriage.
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his
church or religious sect and registered with the civil registrar general, acting within the limits
of the written authority granted him by his church or religious sect and provided that atleast
one of the contracting parties belongs to the solemnizing officer’s church or religious sect;

Requisites:
(1) Authority to solemnize marriage is granted by the religious sect or church and ;
(2) By the Civil Registrar
(3) At least one of the contracting parties belong to the solemnizing officer’s church or religious
sect

(3) Any ship captain or airship chief only in cases mentioned in Article 31.

- Marriage in Articulo Mortis between passengers and crew members

When and Where?

1. Only when ship is at sea and airplane in flight

2. At point of death and not Danger of death in Art 391
3. Stopovers at ports of call

Dock points, Airports ? NO. However if the voyage is not yet complete and still has to dock somewhere
else, authority to solemnize marriage is provided by law provided that is in Articulo mortis.

(4) Any military commander of a unit to which a chaplain is assigned in the absence of the latter, a
during a military operation, likewise only in the cases mentioned in Article 32; or

Requisites :

1. Commissioned officer
2. When one or both parties are at the time or point of death
3. Within the zone of military operation
4. Member of armed forces or civilians

(5) Any consul-general, consul or vice- consul in the case provided in Article 10

- Article 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul
or vice-consul of the Republic of the Philippines. The issuance of the marriage license and the duties of
the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be
performed by said consular official.

-Authority to solemnize marriage is vested only in the PLACE OF ASSIGNMENT ABROAD.

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If in the Philippines; NO AUTHORITY.

- The consul will also assume the responsibility of the Local Civil Registrar

Additional Solemnizing Officer provided by the Local Government Code;

6 . City Mayor or Municipal Mayor.

Is the Vice-Mayor can solemnize marriage? Yes. Provided, in the absence of the Mayor

According to the Administrative Code of the Local Government Unit, the vice- mayor has the power to
discharge the functions of the mayor if the latter is temporary absent due to legal condition or physical
conditon, except to hire and to terminate employees. Therefore he can solemnize marriage.

*Article 41 of the FC in relation to Article 391 of the N.C.C

- The presumption of death of the former spouse will make the subsequent marriage of the surviving
spouse valid provided that the latter has been issued by the court a Declaration of Presumptive Death of
his former spouse through a summary proceeding [41(2)] this is a Valid Bigamous Marriage. It is a
bigamous marriage because there is no Decree of Nullity of the previous marriage.

Article 391 of the N.C.C

The following shall be presumed dead for all purposes, including the division of the estate
among heirs:

(1) A person on board a vessel lost during a sea voyage; or an aeroplane which is missing, who
has not been heard of for four years since the loss of the vessel or aeroplane;
(2) A person in Armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under the circumstances and his existence has
not been known for four years.

*If the marriage is Null and Void, there must be a Decree of Nullity before the party can remarry,
otherwise , the subsequent marriage is void for being bigamous; ie. A 17 yr old woman entered a
marriage, making the marriage void ab initio.

*the purpose of Decree of Nullity is for remarry; if the purpose is to prove legitimacy no need to obtain
DN

**if body was found; actual death, no need to obtain PDP if wants to remarry.

** Remarrying within 180 days from the termination of the first marriage is not allowed otherwise she
will incur criminal liability but will not affect the validity of the second marriage; she has to undergo
medical check up; THE REASON is to avoid Paternal issue or Doubtful Paternity.

 A has been absent for 7 consecutive years, unknown whereabouts, His wife B, wants to
remarry, does B has to obtain Decree of Presumption of Death?

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ANS. NO. it is only required for 4 consecutive years of absence under Art 41 of the FC in relation to
article 391 of the NCC

-Is his legates are already open for succession? No. Not yet, Art 390 (2) after ten years * if disappeared
at the age of 75 years , 5 consecutive years of absence is enough for succession to open.

SECOND FORMAL REQUISITE

Article 3 (2). A valid marriage license except in the cases provided for in Chapter 2 of this title;

 A and B are residents of Pasig and applied Marriage license in the Local Civil registrar of Quezon
City, A marriage license was issued and the marriage was celebrated. Is the marriage
valid?(Article 9 – ML shall be issued by the LCR where either or both of the parties habitually
resides)
 Yes. The marriage is valid. Article 4 paragraph 3 provides that any irregularity in the Formal
requisites will not affect the validity of the marriage but the party or parties responsible for
the irregularity will be held liable civilly, criminally and administratively. Hence, the Local
Civil registrar of Quezon city will be held liable for this irregularity but the validity of the
Marriage will still subsists.

What if issued by other office?

 The Marriage is VOID AB INITIO. Not authorized by law. Mistake of Law.

What is the Life span of a Marriage License? 120 days ( Article 20)
-Valid anywhere in the PH
-Automatically cancel its validity at the time of the expiration

What if the M.L is expired and the Marriage was celebrated, Is the marriage valid?

THIRD FORMAL REQUISITE:

Article 3 ( 3) A marriage ceremony which takes place with the appearance of both parties before the
solemnizing officer and their personal declaration that they take each other as husband and wife in
the presence of not less than two witnesses of legal age.

Marriage Ceremony Requisites:

1. Appearance of both parties in the contract

2. Appearance is made before the solemnizing officer
3. Personal declaration that they take each other as husband and wife
4. Witness of not less than two witnesses of legal age

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 If no witnesses, marriage is still valid, mere irregularities because the solemnizing officer is
already a witness.
 SUBSTITUTE : No. Marriage by proxy is not valid in the Philippines.

*Proxy outside the Philippines is valid where in both parties are Filipino Citizens, is their marriage valid
here in the Philippines? Yes. Under Article 26 of the Family Code, expressly provides that All marriages
solemnized outside the Philippines in accordance with the laws in force in the country where they were
solemnized, and valid there as such, shall also be valid in this country, except those prohibited under
Arts 35 (1),(4),(5) and (6), 36.37 and 38 ( LEX LOCI CELEBRETIONIS RULE )

** However, Article 15 of the NCC or the Nationality Principle will also govern this issue, wherein Laws
relating to family rights and duties or to the status, condition and legal capacity of persons are binding
upon citizens of the Philippines even though living abroad in relation to Article 3 paragraph 3 of the
Family Code that the parties will personally declare that they take each other as husband and wife
before a solemnizing officer and in the absence of which shall render the marriage Void Ab Inition as
provided in Article 4 paragraph 1 of the Family Code. Therefore making the Marriage by Proxy
celebrated as valid in the other country VOID here in the Philippines.

Article 4.

The absence of any of the essential and formal requisites shall render the marriage void ab
initio, except as stated in the Article 35(2). (Good faith of either or both of the parties that the
solemnizing officer is still authorized to solemnize)

A defect in any of the essential requisites shall render the marriage voidable as provided in
Article 45. (Grounds for annulment)

An irregularity in the Formal requisites shall not affect the validity of the marriage but the
party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

-Article 4 is absolute:

Absence of any ER and FR = void

Defect of ER = Voidable (especially in Consent of the parties, if freely given and Parental Consent- Art 14
and Art 45 (1) )

How parental Consent is shown ? Art 14 – 18-21 yrs old

1. Appearance of Parents in the issuance of Marriage License

2. Affidavit which states that they consented the marriage
 For a consent to be perfectly valid, the party to the marriage of 18-21, must obtain parental
consent, if absence of such, the marriage is voidable.
 If the consent is given after the marriage, it will not be cured because the law is clear that
consent must be given at the time of the marriage
-when can be cured? 1. Free cohabitation (______) 2. Prescription ( Art 47(1)]

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Parental Advice – Article 15 – 21-25 years old. – mere irregularity, marriage is valid, only suspension of
issuance of Marriage License for 3 months if no parental advice.

Reason : Because people at these age might be immature: But not all the time because sometimes there
are people who are already responsible; chronologically young; maturity old.

 A and B are both muslims, their marriage was solemnized by a mayor. Is the marriage Valid?

 If a foreigner want to marry his Filipino Girl friend in the PH, what would be the process in
applying Marriage License ?

Article 21 (1)
1. Obtain a Certificate of Legal Capacity from the country of origin
2. Must be shown to Local Civil Registrar , to prove that in his country he has the legal
capacity to marry
 What if the foreigner is Stateless?
Article 21 (2)
1. Issue an affidavit which states that they have a legal capacity to marry
2. Attached the former to the application form for the issuance of Marriage License

*Marriage Ceremony- Under the sea.

The marriage is still valid, because article 6 provides that there shall be no requirement as to the form
and rites of the marriage ceremony. As long as the Essential requisites and Formal requisites are
present. (See art 8 )

Article 5- male and female , 18 years old above; not under Arts 37 and 38

Article 6- No prescribed form or religious rites for the solemnization of marriage is required.

PROVIDED;

1. Contracting parties personally appears before a solemnizing officer

2. Personally declare that they take each other as husband and wife
3. That the declaration must be before the Solemnizing officer and not less than two witnesses of
legal age
4. The declaration shall be contained in the Marriage Certificate
5. Marriage certificate shall be signed by the contracting parties, their witnesses and attested by
the solemnizing officer

Article 7 – Solemnizing officers

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Article 8- Place of the Marriage Ceremony

1. Chambers of the judge or in open court

2. In church, chapel or temple
3. Or in the office of the consul-general, consul or vice-consul
4. In places where in marriage is contracted at the point of death or in remote places in
accordance with Art 29
5. Or both of the parties request the SO in writing in which case the marriage may be
solemnized at a house or place designated by them in a sworn statement to that effect

Article 9- Marriage License

1. Shall be issued by the LCR of the city or municipality where either contracting party habitually
resides
2. Except in marriages with no License is required in accordance with Chapter 2 of this title.

Article 10- Marriage between Filipino citizens abroad.

1. May be solemnized by a consul-general, consul or vice-consul of the PH

2. Issuance of ML and duties of LCR and SO with regard to the celebration of marriage shall be
performed by said consular official.

Article 11- Contents of the Application form of the ML

Article 12- Requirements for the Application of ML

Article 13- Requirements for the Application of ML in case either of the contracting parties has been
previously married.

1. Issue Death certificate of the deceased spouse

2. Judicial Decree of the absolute divorce
3. Judicial Decree of Annulment
4. Judicial Decree of Nullity

Article 14- 18-21 years old (Parental Consent )

Article 15- 21-25 years old (Parental Advice)

Article 16- In cases of Article 14 or Art 15, additional requirement is MARRIAGE COUNSELLING.

- Art 16(2) If either of the party needed consent and advice, the other must be present in the
counselling
- The issuance of the ML during the 3 month suspension period will not affect the validity of
marriage however the issuing officer shall subject to administrative sanctions

Article 17- Duty of LCR to prepare the notice of the issuance of ML, which shall contain the ff:

1. Full names of the applicants

2. Residences
3. Shall be posted for 10 consecutive days; where?

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a. Bulletin board outside the office of the LCR located in a conspicuous place within the
building and accessible to the public
4. The notice shall request persons having knowledge of any impediments to the marriage to
advise the LCR thereof.
5. Issue the ML after the completion of the period of publication

Article 18-

1. If in case of any impediments, LCR shall note down the particulars in the Application for the ML.
2. Shall nonetheless issue the ML unless ordered otherwise by a competent court
3. No filing fee or bond for the issuance of the order

Article 19- LCR shall require payment for the issuance of ML

Except for:

1. Indigent parties
2. Those who have visible means of income
3. Whose income is insufficient for their subsistence
Established by their affidavit or oath before the LCR

Article 20- Marriage License Validity

1. 120 days from the issuance

2. Valid anywhere in the PH
3. Automatically cancelled at the expiration of the said period
4. Expiry date shall be stamped in BOLD characters in the face of the every license issued.

Article 21-

Article 21 (1)

3. Obtain a Certificate of Legal Capacity from the country of origin

4. Must be shown to Local Civil Registrar , to prove that in his country he has the legal
capacity to marry

Article 21 (2)

3. Issue an affidavit which states that they have a legal capacity to marry
4. Attached the former to the application form for the issuance of Marriage License

Article 22- Marriage Certificate Contents

Article 23- Duty of the SO to:

1. To furnish either of the contracting parties the Original Marriage Certificate referred to Art 6
2. Send the Duplicate and triplicate copies of the certificate not later than 15 days after marriage
to the LCR of the place of the marriage
3. Proper receipts shall be issued by the LCR to the SO transmitting the copies of the Marriage
Certificate

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4. SO shall retain in his file the quadruplicate copy of the Marriage certificate, the original of the
ML and in proper cases;
5. The affidavit of the contracting party regarding the solemnization of the marriage in a place
other than those mentioned in Art 8.

Article 24 – Duty if the LCR to:

1. To prepare the documents required by this title

2. To administer oaths to all interested parties without any charge in both cases
*The documents and affidavits filed in connection with the applications for marriage licenses
shall be exempt from documentary stamp tax.

Article 25 – Duty of the LCR to record and file all applications for ML and issuance of ML

Article 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the
country where they were solemnized and valid there as such, shall also be valid in this country, except
those prohibited under Articles 35(1),(4), (5),(6), 36, 37 and 38

Where the Marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the filipino
spouse shall likewise have capacity to remarry under the Philippine law ( As amended by EO227 )

- Art 26(2) Mixed Marriage

*A and B are both Filipino citizens got married , A went to abroad and was naturalized , and
subsequently get Divorce to B. What is the effect of A’s divorce in the PH

Article26(2) to be applicable, must be a mixed marriage. The reason of the committee who drafted the
FC is that, they fear that if it will be applied to marriage between tow Filipinos, it will be a direct violation
of our law because those affluent Filipino citizens will just go abroad, get naturalized and obtain decree
of divorce.

The issue here is that : WHAT IF this is not the intention of the people to get naturalized and it was only
happened that upon naturalization, the parties are not really fine.

THE SUPREME COURT HELD:

The Decree of Divorce obtained by the naturalized spouse should also capacitate the former
Filipino spouse to remarry. Even if it is not a mixed marriage from the start. What’s important is the
citizenship of the person who obtained the divorce at the time he obtained it and not the citizenship at
the time of the marriage.

*This is the Jurisprudence even if it contradicts Art 15 of the NCC

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CHAPTER 2. MARRIAGE EXEMPT FROM THE LICENSE REQUIREMENT

General Rule : A marriage should have a valid Marriage License

Except : Articles 27,28, 31,32,33 and 34

(1) Article 27. Marriage in Articulo Mortis

1. Either or both of the contracting parties are at the point of death
2. Marriage may be solemnized without a ML
3. Shall remain valid even if the ailing party subsequently survives

REASON : Because it will not serve its purpose anymore

(2) Article 28. Residence of the Parties

1. No visible means of transportation to enable such party to appear personally before the LCR
2. Marriage may be solemnized without ML
(3) Article 31.Marriage in Articulo Mortis in ship or aeroplane
(4) Article 32. Marriage in Articulo Mortis in the zone of Military operation
1. Point of death of either or both of the parties
2. In the zone of Military operation
3. Whether Civilians or members of Armed Forces
(5) Article 33. Marriages among Muslims or among members of the ethnic cultural communities;
provided that they are solemnized in accordance with their customs rites or practices.
(6) Article 34. Marriages between lived in partners for at least five years without legal
impediments

*A and B cohabitated for ten years, when A’s wife died, A and B decided to marry. Is there a
need for them to acquire Marriage License?
-Yes. Art 34 expressly provides that the cohabitation must not have legal impediments

*A and B are BF and GF, they have a child but GF lives with her parents. And soon got married
after 6 years without ML. Is the marriage valid?
-No. Because the law defines cohabitation as exclusive, continuous and has no legal
impediments

REASON OF ART 34.

- To encourage lived in couples to get married to spare them from attending publicity of
application of ML.

*For art 34 to be effective, they must execute AFFIDAVIT OF COHABITATION.

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Chapter 3. Void and Voidable Marriages

Article 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents
or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages unless such
marriages were contracted with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so;

(3) Those solemnized without a license, except those covered by the preceding chapter

(4) Those bigamous or polygamous marriages not falling under Art 41;

- If the marriage is bigamous it is void BUT if it is a bigamous marriage under Art 41 it is a VALID
BIGAMOUS MARRIAGE.
- In relation to Art 391 of the NCC
*Mere action of the wife cannot satisfy the meaning of the “well founded belief “ that her
husband is dead.

Wife must satisfy the court that she has as well founded belief that her spouse is dead and if she
wants to remarry, she will obtain a DECREE OF PRESUMPTION OF DEATH from the court through
summary proceeding

*But if the spouse left with danger of death, she only needs 2 consecutive years, suffice to
obtain the decree.

It is Bigamous because the decree of Presumption of Death does not dissolve first marriage,
because there is no actual death, only a presumption of death. The law is kind to allow the
spouse to remarry in the presumption that his or her spouse is dead. Hence, the first marriage is
not dissolved when the second marriage was contracted, making the second marriage bigamous.
It is valid because the law provides for its validity; however, it is only valid until the absent
spouse reappears and reported his/her reappearance to the civil registry of the residence of the
parties of the subsequent marriage, recoding of his/her reappearance will terminate the second
marriage ( Art 42) .

(5) Those contracted through mistake of one contracting party as to identity of the other and;

- Because consent of marriage should be given by the parties to a solemnizing officer; lacks
Essential requisite Art 2 (2) Consent.

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(6) Those subsequent marriages that are void under Art 53.
- A and B are annulled therefore there is a Decree of Nullity. A and B are allowed to remarry
provided that, they will register the Decree of Nullity to the Civil Registry

Article 36

A marriage contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even
if such incapacity becomes manifest only after its solemnization.

- Void Marriage but Legitimate Child

- Most abused provision as ground for annulment

GUIDELINES TO EXPLAIN PSYCHOLOGICAL INCAPACITATION FOR THE COURT

1. Gravity
2. Juridical Antecedent
3. Incurability

*A and B are married, their children are Legitimate, after Decree of Nullity, and
subsequently they had a child thereafter, the child will be considered as illegitimate.

Article 37. Incestuous Marriage

Article 38. Void Marriages by reason of Public Policy

Article 39. The action or defense for the declaration of absolute nullity of a marriage shall not
prescribed. (As amended by RA 8533, approved Feb 23, 1998 )

-Annulment has no prescribed period .

Article 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on
the basis solely of a final judgment declaring such previous marriage void.

Article 41. VALID BIGAMOUS MARRIAGE.

Article 42. Termination of Subsequent Marriage through the recording of reappearance of the Absent
spouse

Article 43. Effects of termination of the subsequent marriage

1. Children of the subsequent marriage conceived prior to its termination shall be considered
LEGITIMATE , the custody and support shall be decided by the court

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2. The ACP or CP as the case may be shall be dissolved and terminated. If either spouse contracted
said marriage in BAD FAITH, his or her share of the net profits of the Community property or CPP
shall be forfeited in favor of the (a) common children, or if there a9dre none (b) children of the
guilty spouse of the previous marriage or in default of children, (c) the innocent spouse;

3. Donations by reason of marriage shall remain VALID, except that if the done contracted the
marriage in BAD FAITH, such donations made to said done are REVOKED by operation of law;

4. The innocent spouse MAY revoke the designation of the other spouse who acted in BAD FAITH
as beneficiary in any insurance policy; even if such designation be stipulated as irrevocable; and

5. The spouse who contracted the subsequent marriage in BAD FAITH shall be DISQUALIFIED to
inherit from the innocent spouse by testate and intestate succession.

Article 44. If both spouses of the Subsequent Marriage acted in BAD FAITH.

Effects:

1. Marriage shall be VOID AB INITIO

2. All donations by reason of marriage and testamentary dispositions made by one in favor of the
other are REVOKED by operation of law.

***The law is silent with respect to the status of children

General RULE : Illegitimate Art 165

Exception : Shall be legitimate under Art 36 and Art 53 (art 43 (1)]

Article 45. A marriage may be annulled for any of the following causes, existing at the time of the
marriage; (Grounds for Annulment )

(1) 18-21 without parental consent, voidable marriage: UNLESS after obtaining the age of 21, such
party freely cohabited with the other and both lived as Husband and Wife.

Parents or guardian who did not give his/her consent, can still file within 5 years after the child
reached the age of 21 [Art 47(1)]

(2) Either party was of unsound mind; UNLESS such party after coming to reason, FREELY
COHABITED with the other as H and W. ( Can be cured by FREE COHABITATION )
Who can file Petition for annulment?[Art 47 (2) ]
a. The sane spouse who had no knowledge of the other’s insanity at any time before the death
of either of the party.
b. By any relative guardian or person having legal charge of the insane at any time before the
death of either of the party

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c. Or by the insane spouse during a lucid interval or after regaining sanity.

(3) That the consent of either of the party was obtained by fraud UNLESS such party afterwards,
with full knowledge of the facts constituting fraud freely cohabited with the other as H and W
PRESCRIPTION OF ACTION FOR PETITION FOR ANNULMENT ( Article 47 (3) ]
Can be filed by the injured party within FIVE YEARS after the discovery of fraud.
-Not Fraud in Art 13 and 38 of the NCC- applies only to ordinary contracts

ARTICLE 46. Any of the following constitute fraud referred to in Number 3 or of the preceding
article.
(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime
involving moral turpitude
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by
a man other than her husband
-**Buccat vs.Buccat, the supreme court said that there was no concealment by the wife of
the fact that she was pregnant with another man’s child. There was no concealment since at
the time of the marriage, she was already in her 6th month.
(3) Concealment of a sexually transmissible disease, regardless of its nature, existing at the
time of the marriage;
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
existing at the time of the marriage
-** Addiction AFTER marriage is not a ground for annulment BUT a ground for LEGAL
SEPARATION Art 55(5)
** Psychological Incapacity ; Drug addiction: Grounds for Annulment and LS
No other misrepresentation or deceit as to character, health, rank, fortune or chastity
shall constitute such fraud as will give grounds for action for the annulment of said
marriage

(4) That the consent of either of the party was obtained by force, intimidation, or undue influence
UNLESS the same having disappeared or ceased, such party thereafter freely cohabited with the
other as H and W .
PRESCRIPTION OF ACTION FOR PETITION FOR ANNULMENT ( Article 47 (4) ]
Can be filed by the injured party within FIVE YEARS from the time the force. Intimidation
or undue influence disappeared or ceased.

**There is a defect in the consent if it is vitiated by any of the vices of consent

**Is there a consent in a marriage that is vitiated by force? YES. There is consent but not freely
given due to the physical force inflicted, hence, there is a defect in the Consent, making the
marriage voidable.

** Force/ Duress : Includes threats against nearest kin

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(5) That either party was physically incapable of consummating the marriage with the other, and
such incapacity continues and appears to be incurable
PRESCRIPTION OF ACTION FOR PETITION FOR ANNULMENT ( Article 47 (5) ]
Can be filed by the injured party within FIVE YEARS after the marriage
 This referred to IMPOTENCE and NOT STERILITY.
Men and women are capable of impotence. For men, there is impotence when they CANNOT
ERRECT. For women, impotence occurs when PENETRATION IS NOT POSSIBLE- an anatomical
disorder. For men, impotence may have physical or psychological causes.

Requisites of Annulment Due to IMPOTENCE :

1. Impotence exists at the time of the celebration of Marriage
2. The Impotence is permanent and incurable (need medical opinion)
3. Impotence is unknown to the other spouse
4. The other spouse must also not be impotent

Doctrine of Triennial Cohabitation :

A presumption in some jurisdiction that if after 3 years of marriage and it is found that the
woman is still a virgin and suffers no anatomical defects, it is presumed that the man is impotent. There
is no Philippine Case stating that this presumption also applies in the Philippines.

* A marriage which is defective because of a party’s impotence cannot be ratified. – Ratification

means cohabitation with sexual intercourse.

(6) That either of the party was afflicted with a sexually transmissible disease found to be serious
and appears to be incurable.
PRESCRIPTION OF ACTION FOR PETITION FOR ANNULMENT ( Article 47 (5) ]
Can be filed by the injured party within FIVE YEARS after the marriage

**There is a ground for annulment for having afflicted with a STD , BUT if the wife did not
conceal it, there is still a ground but not in Article 46(3) but in Art 45(6)

** Wife concealed that she has STD but curable, still fraud Art 46 (3)

** The woman told her husband that she is still a virgin and after the marriage, he realized that
she is not. Did the wife defraud the husband? YES. But not a ground for annulment

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Article 48. Role of the Prosecuting Officer

1. To see to it that there is no collusion between the parties

2. Decide if there are grounds for annulment
3. Will issue Certificate of None Collusion, filed to the court to ensure that the parties are not just
fabricating the grounds for annulment
4. Pre-trial conference- both parties will admit certain facts

48(2) No judgment shall be based upon a stipulation of facts or confession of judgment.

Article 49. Purpose ; For the well-being of children and spouse

Article 50. This provision provides that the provision of Art 43 shall have the same effects as to the
Declaration of Nullity of Marriage.

**Guilty Spouse, one who provided grounds for annulment

Article 51.PARTITION

(1) Presumptive legitimes shall be delivered

(2) Children or their guardian or the trustees of their property MAY ask for the enforcement of the
judgment
(3) The delivery of the PL shall not prejudice the Ultimate Successional Rights of the children
accruing upon the death of the of either or both parents; BUT the value of the properties
already received under the Decree of Annulment or Absolute Nullity shall be considered as
advances on their legitime

Article 52. The following shall be recorded in the appropriate civil registry and registries of property;
otherwise, the same shall not affect the third persons.

1. Judgment of Annulment or of Absolute Nullity of Marriage

2. The partition and distribution of the properties of the spouses
3. The delivery of the children’s Presumptive Legitimes

Article 53. States that one can remarry after complying with the requirements of the preceding article;
otherwise the subsequent marriage shall be null and void.

Article 54. Expressly provides the Legitimacy of the following children:

1. Children conceived or born before the judgment of annulment or absolute nullity of the
Marriage under Article 36 has become final and executory
2. Children conceived or born of the subsequent marriage under Article 53

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Title II. Legal Separation

Article 55. A petition for legal separation may be filed on any of the following grounds:

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child or a child of the petitioner ;
-Violence must be repeated but if due to Art 55 (2) violence must not need to be repeated
-Petitioner : Aggrieved party
(2) Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation;
(3) 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;
(4) Final judgment sentencing respondent to imprisonment of more than 6 years, even if
pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent
- Came about after the marriage, if came before and during the marriage, concealed it; Grounds
for annulment Article 45(3) Fraud, expressly enumerated in Article 46 (4).
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines
or abroad;
-Bigamy
(8) Sexual infidelity or perversion
-Under the family code, both men and women only need to commit ONE act of sexual infidelity
to fall under Article 55(8)
-In Gandionco vs. Peñaranda, the SC said that criminal conviction of concubinage is not
necessary, only preponderance of evidence. In fact, a civil action for Legal Separation based on
concubinage may proceed ahead of or simultaneously with a criminal action.
-adultery and concubinage
-Perversion is a relative word
(9) Attempt of the respondent against the life of the petitioner; or
- No need for conviction
(10) Abandonment of petitioner by the respondent without justifiable cause for more than
1 year

For purposes of this article, the term “child” shall include a child by nature or by
adoption

Article 56. The petition for legal separation shall be denied on any of the following grounds;

CCCBCB

(1) Where the aggrieved party has condoned the offense or act complained of;
- Forgiveness through silence, implied in actions of the aggrieved party, cohabitation
(2) Where the aggrieved party has consented the commission of the offense or act complained of;

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(3) Where there is connivance between the parties in the commission of the offense or act
constituting grounds for legal separation;
- In pari delicto ( equal fault)

(4) Where both parties have given ground for legal separation;
- Husband; infidelity,wife, attempted his life
- Both Lesbian and Homo
- Both addicts and alcoholics
(5) Where there is collusion between the parties to obtain the decree of Legal Separation; or
(6) Where the action is barred by prescription.

*There are 2 more grounds not found in Art 56.

1. Death of either party during pendency of the case( Lapuz-Sy vs, Eufemio)
2. Reconciliation of the spouses during the pendency of the case [art 66 (1)]

Article 57. An action for legal separation shall be filed WITHIN FIVE YEARS from the time of the
occurrence of the cause

Article 58. An action for legal separation shall in no case be tried before six months shall have elapsed
since the filing of the petition

-cooling off period for reconciliation. Can only try the Petition for LS after 6 months FROM filing. The SC
interpreted Art 58 to mean that there shall NO be hearing on the main issue BUT court MAY hear
incidental issues ( Araneta vs. Concepcion, SC allowed the court to hear the issue regarding the custody
of the children even if the 6-month period had not yet elapsed)

Article 59. Purpose : The intention of Legal separation is to give hope for the reconciliation of the
parties, because it might be the product of emotions only. The purpose is not to severe marital bind but
to separate the bed and the board.

Article 60. No decree of Legal Separation shall be based upon a

(1) Stipulation of facts or confession of judgment

Stipulation of facts: When both parties admit to the cause/ground for nullity/ absolute decree of
nullity
Confession of Judgment: if the defendant admits to the cause brought on him for
nullity/absolute decree of nullity

**No decree of Legal Separation shall be based upon a stipulation of facts or a confession od judgment.
In Ocampo vs. Florenciano, the SC said that LS cannot be granted on basis of the wife’s admission alone.
There must be other proof.

(2) Fiscal to prevent collusions between the parties , and to take care that the evidence is not
fabricated or suppressed

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Article 61.

61(1) Spouses are entitled to live separately upon filing the petition for Legal Separation

61(2) Duty of the court in the absence of a written agreement between the spouse, shall designate
either of them or a third party to administer the AC or CPP.

Article 62.

During pendency of action for legal separation, provisions of Article 49 shall likewise apply to the
support of the spouses and the custody and support of the common children

Article 63. The decree of legal separation shall have the following effects:

(1) Spouse shall be entitled to live separately from each other, but the marriage bonds shall not
be severed;

(2) The absolute community or the Conjugal Partnership shall be dissolved and liquidated BUT the
OFFENDING SPOUSE shall have NO RIGHT to any share of the net profits earned by the
absolute community or the92 conjugal partnership, which shall be FORFIETED in accordance
with the provisions of Article 43 (2) –[effects of the termination of the subsequent marriage]

(3) The custody of the minor children shall be awarded to the INNOCENT SPOUSE, subject to the
provision of Article 213 of this code; and
-Article 213. (1) In case of separation of parents, PA shall be exercised by the parent
DESIGNATED by the court. Shall consider the choice of the child over seven years of age, UNLESS
the parent chosen is unfit.
(2) NO child under 7 years of age shall be separated from the mother unless the court finds
compelling reasons to order otherwise.

(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession. Moreover, provisions in favor of the offending spouse made in the will of
the innocent spouse shall be revoked by operation of law.

Article 64.

Art 64(1) Revocation of Donation by reason of marriage AND insurance is NOT automatic

Art 64(2) Prescription of Revocation, FIVE years from the time that the decree of Legal Separation has
become final

Article 65. If recociled, parties have to execute

1. Joint Manifestation under oath duly signed by them, to be filed with the court in the same
proceeding of the Legal Separation
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Article 66. Effects of Reconciliation

1. Termination of the Legal Separation Proceedings at whatever stage

2. Final Decree of LS shall be SET ASIDE; BUT the separation of property and any forfeiture of the
share of the guilty spouse already effected SHALL SUBSIST;unless the spouses agree to revive
their former property regime.

The court’s order containing the foregoing shall be recorded in the proper civil registries

Article 67. The agreement to revive the former property regime shall be executed under oath

(see codal)

Title III. Rights and Obligations Between Husband and Wife

Article 68. Husband and wife are obliged to:

1. Live together
2. Observe mutual love, respect and fidelity;and
3. Render mutual help and support

Article 69.

Art 69(1) The husband and wife shall fix the family domicile. In case of disagreement, the court shall
decide. ( Judicial Solution)

Art 69(2) The court shall exempt one spouse from living with the other if the latter SHOULD LIVE
ABROAD or there are other valid and compelling reasons for the exemption. HOWEVER, such exemption
shall NOT apply IF the same is not compatible with the solidarity of the family.

Article 70. The spouses are JOINTLY RESPONSIBLE for the support of the family

-Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the financial capacity of the family (art 194)

Article 71. The MANAGEMENT OF THE HOUSE shall be the right and duty of both spouses

-expenses shall be paid in accordance with the provisions of Article 70

Article 72. Neglect of duties would constitute cause of action

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Article 73. Either spouse MAY exercise any LEGITIMATE PROFESSION, OCCUPATION, BUSSINESS OR
ACTIVITY WITHOUT the consent of the other. The latter may object ONLY on VALID, SERIOUS and
MORAL GROUNDS.

In case of disagreement the court shall decide whether or not:

(1) The objection is proper, and

(2) Benefit has accrued to the family prior to the objection thereafter. If the benefit accrued prior
to the objection, the resulting obligation shall be enforced against the community property. If
the benefit accrued thereafter, such obligation shall be enforced against the separate
property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of the creditors who acted in good faith

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