Family Code

Article 1 — Marriage is 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.

-special contract-permanent union-between man and woman-in accordance with law-establishment of conjugal and family life.

Article 26 — All marriages solemnized outside the Philippines in accordance with the law 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) and (6), 36, 37, and 38.

Where marriage between a Filipino citizen and foreigner is validly celebrated and a divorced 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 Philippine law.

-rule of lex loci celebrationis-Foreign marriage void in Ph (although valid in the country of celebration) if:1. either or both parties have no legal capacity to marry (Art 35 par 1)2. bigamous or polygamous marriage (Art 35 par 4)3. consent of one party is lacking because of mistake in identity of the other (Art 35 par 5)4. one party is psychologically incapacitated at time of marriage to comply with essential marital obligations (Art 36)5. incestuous marriage (Art 37)6. by reason of public policy (Art 38)-If foreign spouse obtained the divorce abroad capacitating him to remarry, the Filipino spouse shall have capacity to remarry not applicable if Filipino obtained the divorce-confirmation from foreign court of the divorce decree is now needed

Article 35 — The following 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 by both parties believing in good faith that the solemnizing officer had 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 Article 41;(5) Those contracted through mistake of one contracting party as to the identity of the other; and(6) Those subsequent marriages that are void under Article 53.

Void Marriage Voidable MarriageAs to nature Inexistent from time of

performanceValid until annulled by competent court

As to susceptibility of convalidation

Cannot Can be, either free cohabitation or prescription

Effect on property No community property; only co-ownership

Absolute community unless other system agreed upon in marriage settlement

Effect on children Illegitimate under Art 165 (subject to exceptions)

Legitimate if conceived or born before annulment decree

How marriage may be impugned

(a) Attacked directly or collaterally; for purpose of remarriage, judicial decree of nullity (Art 40)(b) Can be impugned even after death of parties

(a) Direct attack; there must be decree of annulment

(b) Cannot be impugned after death of one of the parties

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.

-no examples of psychological incapacity for fear that it would limit applicability of the provision under the principle of ejusdem generis.-interpret provision in case-to-case basis- no prohibition for a person proven to have psychological incapacity to marry again-gravity subject cannot carry out normal and ordinary duties of marriage and family shouldered by any average couple under ordinary circumstances of life and work-antecedence roots of the trouble can be traced on the subject even before the marriage-incurability treatments required exceed ordinary means of the subject, or involve time and expense beyond the reach of the subject-Who can file action to declare marriage void? Either party, even the psychologically incapacitated.-action to declare the marriage void DOES NOT prescribe

Article 37 — Marriages between the following are incestuous and void from the beginning, whether the relationship between parties is legitimate or illegitimate:(1) Between ascendants and descendants of any degree; and(2) Between brothers and sisters, whether of the full or half-blood.

Article 38 — The following shall be void from the beginning for reasons of public policy:(1) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;(2) Between step-parents and stepchildren;(3) Between parents-in-law and children-in-law;(4) Between the adopting parent and the adopted child;(5) Between the surviving spouse 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 adopted children of the same adopter; and(9) Between parties where one with the intention to marry the other, killed that person’s spouse or his or her own spouse.

-Against public policy because:1. deleterious effect of such marriages on the offspring2. offensive to one’s sensibilities for a parent-in-law to marry the child-in-law3. adoption creates legal fiction; parent-in-law is void to marry a child-in-law4. immoral to marry adopted sibling because adoption creates legal fiction5. same as no. 46. killing other spouse “with intention to marry” another one.

Relationships not barred by Art 37 and 381. brother-in-law and sister-in-law;2. Stepbrother and stepsister;3. guardian and ward4. Adopted and illegitimate child of adopter;5. Adopted son of the husband and adopted daughter of the wife6. Convicted of concubinage or adultery

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;2. Physical violence or moral pressure to compel petitioners to change religious or political affiliation;3. Attempt of respondent to corrupt or induce the petitioner, common child, or a child of petitioner, to engage in prostitution, or connivance in such corruption or inducement;4. Final judgment sentencing the respondent to imprisonment of more than six years, even If pardoned;5. Drug addiction or habitual alcoholism of the respondent;6. Lesbianism or homosexuality of the respondent;7. Contracting by respondent a subsequent bigamous marriage, whether in the Philippines or abroad;8. Sexual infidelity or perversion;9. Attempt of respondent against the life of petitioner;10. Abandonment of petitioner by respondent without justiciable cause for more than one year.

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

Ground for Annulment

Who can file action

Period of Prescription

Ratification

Lack of Parental Consent

1. Party underage Within 5 years after attaining 21

Free cohabitation after reaching 21

2. Parent or guardian

Before child reaches 21

Insanity of one party

1. Sane spouse Before death of one party

Free cohabitation after insane regains sanity

2. Guardian of insane spouse

Before death of one party

3. Insane person During lucid interval or after regaining sanity; also before death of other party

Fraud Injured party Within 5 years from discovery of fraud

Free cohabitation after knowledge of fraud

Force, intimidation, or undue influence

Injured party Within 5 years from cessation of cause

Free cohabitation after cause has disappeared

Impotence of one party

Potent party Within 5 years after marriage

Cannot be ratified, but action prescribes

Serious sexually transmissible disease

Healthy party Within 5 years after marriage

Cannot be ratified but action prescribes