Agreements prior to marriage

What are these agreements? Are they valid and binding? What are its effects?

Persons and Family Relations Group 2 1st Year Block 1 De La Salle University College of Law

Art. 1 of the Family Code

Marriage

is a special contract of perfect union.. between a man and a woman entered into in accordance with law.. for the establishment of conjugal and family life. (1st sentence of Art. 1, FC)

Art. 1 of the Family Code

It

[Marriage] 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 [Family Code]. (2nd sentence of Art. 1, FC)

Marriage (Special Contract)

Ordinary Contract

Can be entered into only by a man and a woman

May be entered into by any number of persons, whether of the same or different sex The agreement of the parties have the force of law between them. Can be terminated by mutual agreement

The law fixes the rights and duties of the parties. Cannot be terminated

Marriage as a Special Contract vs. Ordinary Contract

Marriage (Special Contract)

Ordinary Contract

Breach of obligations of a husband or a wife does not give rise to action for damages but the law provides for penal and civil sanctions for adultery and concubinage, and proceedings for legal separation.

Breach of these contracts gives rise to an action for damages

Marriage as a Special Contract vs. Ordinary Contract

Art. 221 of the New Civil Code

The following shall be void and of no effect: (1) Any contract for personal separation between husband and wife.

Panganiban v. Borromeo (Sept. 9, 1933)

The agreement executed by the spouses Pabro and Mappala, which indicates therein permitting the husband to take unto himself a concubine and the wife to live in adulterous relationship with another man, is CONTRARY to LAW, MORALS and PUBLIC ORDER.

Panganiban v. Borromeo (Sept. 9, 1933)

FYI, the contract was executed at the time the Spanish Penal Code was in force.
It is provided that the consent or pardon given by the offended party constitutes a bar to the prosecution for adultery or concubinage.

However, the Court said that

They (adultery and concubinage) still remain crimes.. xxx This is a matter of future exigency and not a matter for the legalization of wanton disregard.

In Re Atty. Santiago (Adm. Case No. 923, June 21, 1940)

The contract executed by and between spouses Baniquit and Colares by Atty. Santiago; that said contract enables the couple to enter into another marriage, is CONTRARY to LAW, MORALS and tends to SUBVERT the vital foundation of the family.

In Re Atty. Santiago (Adm. Case No. 923, June 21, 1940)

Atty. Santiagos basis in making the contract is pursuant to the seven (7) years of separation of the spouses in the case. And that the said contract would entitle either of the spouses to contract a second marriage. Immediately he realized after the execution of the said contract that he had a mistake and at once called the spouses for the deed of cancellation which both signed. Effect: Because of his being ignorant in the law and giving legal advice, Atty. Santiago, according to the Supreme Court, guilty of malpractice and was suspended from practice of law for one (1) year.

It is well settled that

Once a marriage has been validly solemnized and the obligations of married life undertaken, its validity cannot be affected by agreements mentioned in the In Re Santiago case and Panganiban case.

Adios! =)))