Marriage | FAMILY CODE

Under Philippine Civil Law, specifically the Family Code of the Philippines, marriage is governed by comprehensive legal provisions. Here’s a meticulous breakdown of what you need to know about marriage in the Family Code:


I. Definition of Marriage

Under Article 1 of the Family Code of the Philippines, marriage is defined as a special contract of permanent union between a man and a woman entered into following the law for establishing a conjugal and family life. It is a foundation of the family and an inviolable social institution.

II. Essential and Formal Requisites of Marriage

A. Essential Requisites (Article 2)

Marriage is considered valid if the following essential requisites are present:

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

B. Formal Requisites (Article 3)

The formal requisites of marriage include:

  1. Authority of the solemnizing officer.
  2. A valid marriage license, except in certain cases.
  3. A marriage ceremony, where the contracting parties declare their consent before the solemnizing officer and in the presence of at least two witnesses of legal age.

Non-compliance with the essential or formal requisites: Lack of any of these elements results in either void or voidable marriages, which are later detailed.

III. Void and Voidable Marriages

A. Void Marriages (Article 35)

These marriages are void from the beginning:

  1. No marriage license (except in certain cases).
  2. Bigamous or polygamous marriages, except as provided by law.
  3. Marriage where either party was psychologically incapacitated to fulfill marital obligations.
  4. Incestuous marriages as detailed in Articles 37 and 38 (e.g., marriages between siblings, ascendants, and descendants).

B. Voidable Marriages (Article 45)

These marriages are valid until annulled by the courts based on specific grounds:

  1. Lack of parental consent for parties between 18-21 years of age.
  2. Mental incapacity.
  3. Consent obtained through fraud (e.g., concealment of a sexually transmitted disease).
  4. Force, intimidation, or undue influence at the time of marriage.
  5. Physical incapacity for consummation or sexually transmitted diseases that are serious and incurable.

IV. Legal Effects and Rights Arising from Marriage

A. Mutual Rights and Obligations (Articles 68-73)

Upon marriage, spouses have mutual duties and obligations:

  • Duty of fidelity, respect, and support.
  • Support and assistance in the upbringing of children.
  • Decision-making regarding conjugal matters should ideally be mutual.
  • Marital property regime, which includes community of property, absolute community, or separation of property depending on prenuptial agreements or default legal provisions.

V. Marital Property Regimes

A. Absolute Community of Property (Articles 91-96)

If there is no prenuptial agreement, the absolute community of property regime is default. All properties acquired by both spouses before and during the marriage become part of the communal property.

B. Conjugal Partnership of Gains (Articles 105-122)

Under a conjugal partnership regime, only properties acquired during the marriage are shared, and each spouse retains ownership over properties brought into the marriage.

C. Separation of Property (Articles 143-147)

Through a prenuptial agreement, spouses may agree to have a separation of property regime, where each spouse retains ownership of their properties.

VI. Grounds and Processes for Annulment, Declaration of Nullity, and Legal Separation

A. Annulment (Articles 45-47)

A marriage may be annulled if one of the grounds specified under voidable marriages exists (e.g., lack of parental consent, fraud, psychological incapacity).

B. Declaration of Nullity (Article 36)

A petition for declaration of nullity of marriage may be filed for void marriages, such as those where psychological incapacity prevented a spouse from fulfilling marital duties. The declaration confirms that the marriage was void from the start.

C. Legal Separation (Articles 55-67)

Legal separation is a process whereby spouses remain legally married but are separated in terms of bed and board. Grounds include:

  1. Repeated physical violence or abuse.
  2. Drug addiction or alcoholism.
  3. Sexual infidelity or perversion.
  4. Abandonment without just cause.

VII. Recognition of Foreign Divorce (Republic Act No. 9225 and Jurisprudence)

While divorce is not generally recognized in the Philippines, foreign divorces obtained by the foreign spouse in a mixed-nationality marriage (Philippine and foreign citizen) may be recognized. In such cases, the Filipino spouse is also allowed to remarry under Philippine law if the divorce decree is recognized by the courts.

VIII. Support and Custody Rights

A. Support (Articles 194-208)

Spouses are legally bound to support each other financially, extending to common children and legitimate ascendants or descendants.

B. Custody (Child and Family Welfare Code and Jurisprudence)

In cases of separation, custody of children is generally granted to the parent deemed best able to care for the child’s welfare. Preference is often given to mothers for children under seven, provided it is in the child’s best interest.


IX. Key Cases and Jurisprudence Influencing the Family Code

Philippine jurisprudence, notably Santos v. Court of Appeals and Republic v. Molina, has shaped the interpretation of terms such as psychological incapacity and set strict guidelines for nullifying a marriage based on this ground. These rulings emphasize that mere irreconcilable differences or personality disorders do not suffice for an annulment based on psychological incapacity.


Summary

In Philippine civil law, marriage is a binding, permanent union with well-defined rights and obligations. The Family Code meticulously prescribes its essential requisites, grounds for void and voidable marriages, marital property regimes, and consequences for non-compliance. The law reflects both the sanctity of marriage and provides avenues for separation or annulment under limited and specific grounds, while always prioritizing the welfare of children and ensuring support obligations between spouses and their offspring.


This overview covers the meticulous provisions on marriage within the Family Code, ensuring you have the essentials and technicalities needed to navigate Philippine family law on marriage.