General Principles | Marriage | FAMILY CODE

Under the Civil Code of the Philippines and further clarified by the Family Code, the legal principles governing marriage are stringent and based on both the legal constructs of the civil law system and the cultural and ethical standards present in Philippine society. Here is a detailed examination of the General Principles of Marriage under the Family Code of the Philippines:

1. Definition and Nature of Marriage

  • Marriage is defined as a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of a conjugal and family life (Art. 1, Family Code).
  • The marital contract requires mutual consent and the understanding that it is not merely a contractual agreement but a social institution that upholds public interest and the foundation of the family.

2. Essential Requisites of Marriage (Article 2)

  • A valid marriage in the Philippines requires:
    • Legal capacity of both contracting parties, meaning both must meet age, mental, and civil status requirements.
    • Consent freely given by the parties during the marriage ceremony. Any form of force, intimidation, or lack of true consent can invalidate the marriage.

3. Formal Requisites of Marriage (Article 3)

  • For a marriage to be valid, the following formal requisites must be observed:
    • Authority of the solemnizing officer: Only certain persons have the authority to solemnize marriages in the Philippines (e.g., priests, rabbis, mayors, judges, and ship captains).
    • Marriage license: Issued by the local civil registrar, except in certain cases where marriages are exempt from license requirements.
    • Marriage ceremony: This requires the personal presence of both contracting parties before the solemnizing officer and at least two witnesses. The parties must declare that they take each other as husband and wife.

4. Marriages Exempt from License Requirement (Article 34–37)

  • Certain marriages are exempt from obtaining a marriage license, which include:
    • Marriage in articulo mortis or when one party is on the verge of death.
    • Marriages among Muslims or indigenous peoples whose customs and traditions recognize different forms of marriage.
    • Cohabitation-based exemption: Couples who have lived together as husband and wife for at least five years and are legally eligible to marry each other.

5. Prohibited Marriages (Article 37–38)

  • Some marriages are considered void from the beginning under Philippine law:
    • Marriages between ascendants and descendants, whether legitimate or illegitimate.
    • Marriages between brothers and sisters, whether full or half-blood.
    • Marriages between collateral relatives within the fourth civil degree (e.g., cousins).
    • Marriages void due to public policy, such as marriages between a person and their stepparent.

6. Void and Voidable Marriages (Articles 35–36, 45)

  • Void marriages: These are marriages that are considered as if they never existed. Grounds include:
    • Lack of a marriage license, except in cases exempt by law.
    • Bigamous or polygamous marriages not falling under exceptions.
    • Absence of authority from the solemnizing officer.
    • Psychological incapacity of either spouse to comply with essential marital obligations (Article 36).
  • Voidable marriages: These are valid until annulled, with grounds such as lack of parental consent (if one party is 18-20), mistaken identity, fraud, impotence, and unsound mind.

7. Psychological Incapacity (Article 36)

  • Psychological incapacity, as a ground for declaring a marriage void, refers to the incapability of one or both spouses to fulfill the essential obligations of marriage. This incapacity must be existing at the time of the marriage and not merely a personality disorder.

8. Legal Separation (Articles 55–67)

  • Legal separation is a remedy for couples to live separately without dissolving the marriage. Grounds include repeated physical violence, drug addiction, alcoholism, infidelity, homosexuality, bigamy, and attempts on the life of the spouse.
  • The effects of legal separation include the cessation of spousal obligations to live together, but the marriage bond remains intact.

9. Conjugal Property Regime and Property Relations (Articles 74–121)

  • Absolute Community Property Regime (ACPR): Unless a marriage settlement provides otherwise, all properties owned by either spouse at the time of the marriage and acquired thereafter are part of the absolute community of property.
  • Conjugal Partnership of Gains (CPG): In cases where the ACPR is waived, the CPG applies, where properties acquired during the marriage are owned by both but properties acquired before the marriage remain separate.
  • Separation of Property: Couples may opt for this regime by pre-nuptial agreement.
  • Rules on liabilities, debts, and distribution of conjugal properties apply upon dissolution of the marriage.

10. Parental Authority and Custody

  • Parents hold joint parental authority over their legitimate children, which includes the right to discipline, nurture, and educate.
  • In cases of annulment or legal separation, custody arrangements prioritize the child's welfare, often giving custody to the innocent spouse.

11. Dissolution of Marriage

  • Annulment and declaration of nullity are the legal means to dissolve a marriage:
    • Annulment: Applies to voidable marriages and operates retroactively.
    • Declaration of Nullity: Applies to void marriages, treating the marriage as if it never existed.
    • Effect on children: Children born before the annulment are considered legitimate, preserving their rights and status.

12. Reconciliation and Reconciliation Process

  • Legal separation proceedings may be suspended if the couple reconciles, and courts encourage reconciliation when possible.

Summary

The principles governing marriage in the Philippines emphasize its permanence, social importance, and the protection of the family as the fundamental unit of society. The legal framework imposes strict guidelines on how marriages are entered into, maintained, and dissolved, all intended to respect both the rights of individuals and the well-being of society.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.