Civil Law > III. Family Code > A. Marriage > 1. General Principles > a. State Policy on Marriage

The Philippine Family Code (Executive Order No. 209, as amended) governs matters pertaining to family and marriage under Philippine civil law. In its opening provisions, the Family Code lays out the state policy on marriage, underscoring its essential nature as a social institution. Below is a detailed examination of the principles surrounding this policy.

1. Constitutional Foundation and State Policy on Marriage

Article II, Section 12 of the 1987 Philippine Constitution establishes the policy that the State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. The Constitution directs the State to protect marriage as an inviolable social institution and recognizes the family as the foundation of the nation.

Article XV, Section 2 of the 1987 Philippine Constitution further reinforces this by mandating that marriage is a social institution protected by the State. This constitutional principle underpins the statutory policies reflected in the Family Code’s provisions on marriage.

2. The Family Code on the State Policy on Marriage

The Family Code’s Article 1 provides that marriage is “a special contract of permanent union between a man and a woman,” entered into by virtue of law for the establishment of a conjugal and family life. This provision affirms that marriage is not merely a contract subject to private agreements but a fundamental social institution regulated by law for the public good.

Key elements of the policy as defined by Article 1:

Permanence: Marriage is intended to be permanent, creating a lasting bond between the spouses. Divorce, as understood in other jurisdictions, is not recognized in Philippine civil law (except in cases involving Muslim Filipinos or foreign spouses).
Heterosexual Union: The Family Code defines marriage as a union between a man and a woman. Philippine law does not currently recognize same-sex marriage.
Legal Foundation: The regulation of marriage by the State, rather than purely by religious or social customs, underscores its legal significance and the role of public policy in its governance.

3. The Purpose and Nature of Marriage

Article 1 also indicates that marriage is for the “establishment of a conjugal and family life.” The purpose of marriage under Philippine law is to create a family unit based on mutual support, respect, and partnership between spouses. This policy is tied to the overarching constitutional objective of fostering and protecting the family as the foundation of the nation.

4. Limitations and Requirements for Marriage

The State has established various requirements for marriage under the Family Code:

Consent and Capacity: Both parties must have the legal capacity to contract marriage and freely consent to it. This capacity and the free will to enter into marriage are central to its validity.
Minimum Age: As of recent amendments (Republic Act No. 11596 or the Prohibition of Child Marriage Law), persons below 18 years of age are strictly prohibited from contracting marriage, underscoring the state policy against child marriages.
No Pre-existing Marriage: Philippine law maintains a stringent prohibition against bigamy and polygamy, with few exceptions (e.g., Muslim personal law under Presidential Decree No. 1083).
Marriage License Requirement: The issuance of a marriage license (except in specific instances provided by law, e.g., marriages in articulo mortis, certain tribal marriages) is necessary, ensuring state oversight and documentation of marriages.

5. Indissolubility and Stability of Marriage

One of the core tenets of the state policy on marriage is indissolubility. The Philippines does not recognize divorce for non-Muslim citizens. Marriage can only be terminated through legal separation, annulment, or declaration of nullity of marriage, each governed by specific grounds and strict procedural requirements under the Family Code.

Annulment (Articles 45 and 47): Applies to valid marriages with grounds that make the marriage voidable, such as lack of parental consent (for those below 21 at the time of marriage), psychological incapacity, and fraud.
Declaration of Nullity (Articles 36 to 44): Used when the marriage is void from the start (e.g., bigamous marriages, incestuous marriages, lack of legal formalities, and psychological incapacity).
Legal Separation (Articles 55 to 63): This does not dissolve the marriage bond but allows spouses to live separately, specifying the grounds for separation and its effects on property, custody, and support.

6. Psychological Incapacity as Ground for Nullity

Article 36 of the Family Code introduces psychological incapacity as a ground for declaring a marriage void. The Supreme Court has interpreted this provision in a series of landmark cases (e.g., Santos v. Court of Appeals and Republic v. Molina) that establish the criteria for psychological incapacity:

It must be grave, deeply rooted, incurable, and existing at the time of marriage.
Mere personality disorders or incompatibilities are generally insufficient.

7. Parental and State Intervention

Under the Family Code, parental authority over children born within a marriage is vested jointly in both spouses, reinforcing the policy that marriage serves as the foundation of family unity and stability. The State can intervene in matters related to child welfare when necessary (e.g., in cases of parental abuse or neglect), reflecting the policy that while marriage and family are autonomous, they are still under the protective oversight of the State.

8. Judicial and Religious Perspective

While Philippine civil law primarily governs marriage, the courts recognize the importance of religious beliefs and customs. However, civil law takes precedence in legal matters, affirming the policy that marriage is regulated by the State. Religious annulments, for example, do not dissolve a civil marriage unless accompanied by a legal declaration of nullity or annulment under the Family Code.

Conclusion

The State policy on marriage in the Philippines, as articulated in the Family Code and supported by the Constitution, centers on the sanctity, permanence, and societal role of marriage. The law underscores the importance of marriage not just as a private contract but as a social institution that stabilizes the family and, by extension, society.