Marriage Law

Disclaimer: The following article is for general informational and educational purposes only and does not constitute legal advice. Laws and regulations may change over time, and individual situations can vary. For any specific questions or concerns about marriage law in the Philippines, you should consult a qualified attorney or refer directly to official government resources.

Marriage Law in the Philippines: A Comprehensive Overview

Marriage in the Philippines is primarily governed by the Family Code of the Philippines (Executive Order No. 209), which took effect on August 3, 1988. The Family Code replaced certain provisions of the Civil Code concerning marriage and the family. There are also special laws applicable to specific groups, notably Presidential Decree (P.D.) No. 1083 (the Code of Muslim Personal Laws), which governs marriages of Filipino Muslims. Below is a detailed discussion of the essential aspects of Philippine marriage laws, including requirements, procedures, legal effects, property relations, and termination or dissolution of marriage.

1. Governing Laws

  1. Family Code of the Philippines (E.O. No. 209)

    • Signed into law in 1987, in effect since 1988.
    • Covers essential and formal requisites for marriage, annulment, legal separation, nullity, and other related matters.

  2. Civil Code of the Philippines (Republic Act No. 386)

    • Historically governed marriages before the Family Code.
    • Certain provisions remain relevant for marriages celebrated before the Family Code took effect.

  3. Presidential Decree No. 1083 (Code of Muslim Personal Laws)

    • Governs marriages of Filipino Muslims.
    • Recognizes polygamous or subsequent marriages under specific conditions for Muslim males.
    • Provides for divorce in accordance with Muslim traditions, which is not generally recognized for non-Muslim couples.

  4. Other Relevant Laws and Regulations

    • Constitutional Provisions: The 1987 Philippine Constitution recognizes the family as the foundation of the nation and marriage as an “inviolable social institution.”
    • Local Government Code (R.A. 7160): Governs certain registration and licensing processes at the local level.
    • Administrative Orders of the Philippine Statistics Authority (PSA): Provide guidelines on civil registry documents, corrections of entries, and reporting procedures.

2. Essential and Formal Requisites of Marriage

Under the Family Code (Articles 2 and 3), two types of requirements must be met for a valid marriage:

2.1. Essential Requisites

  1. Legal capacity of the contracting parties:

    • Both must be a male and a female (under current Philippine law).
    • Must be at least 18 years old (the legal age to marry in the Philippines).
    • Parties must not be disqualified by any existing legal impediments (e.g., existing valid marriage).

  2. Consent freely given in the presence of a solemnizing officer:

    • Both parties must voluntarily consent to the marriage.
    • Absence of free consent (e.g., forced, under duress) may serve as ground for the declaration of nullity or annulment later on.

2.2. Formal Requisites

  1. Authority of the solemnizing officer:

    • Must be a person legally authorized to solemnize marriages (e.g., priest, imam, rabbi, judge, ship captain in certain circumstances, incumbent mayors, etc.).

  2. Valid marriage license:

    • Obtained from the local civil registrar of the city or municipality where either party habitually resides.
    • Exceptions to the license requirement:
      • Marriages in articulo mortis (in danger of death).
      • Muslim or ethnic customary marriages in certain cases, governed by their own laws.
      • Marriage in remote places where no means of transportation exist to obtain a license.

  3. Marriage ceremony:

    • The personal appearance of the contracting parties before the solemnizing officer.
    • Declaration that they take each other as husband and wife in the presence of at least two witnesses.
    • The solemnizing officer must be present, and all formalities must be observed.

Effect of Non-Compliance: Failure to comply with any of the essential requisites renders the marriage void ab initio (void from the start). Failure to comply with any of the formal requisites generally renders the marriage void unless the law provides otherwise.

3. Capacity to Marry and Other Special Rules

  1. Age Requirements and Parental Consent/Advice:

    • The minimum legal age to marry is 18.
    • If either party is between 18 to 21 years old, the couple must secure parental consent.
    • If either party is between 21 to 25 years old, the couple must seek parental advice (though the absence of parental advice does not invalidate the marriage, it may delay the issuance of the marriage license for three months).

  2. Mental Capacity:

    • Both parties must be of sound mind to give valid consent.
    • A person who cannot understand or freely exercise their will to consent (e.g., due to insanity) is disqualified from marrying.

  3. Relationship by Blood or Affinity:

    • The Family Code prohibits marriage between close relatives:
      • Ascendants and descendants (e.g., parent and child, grandparent and grandchild).
      • Brothers and sisters (full or half-blood).
      • Collateral relatives within the fourth civil degree (e.g., first cousins) are typically not allowed to marry, though specifics vary under Muslim laws.

  4. Previous Existing Marriage:

    • The Philippines does not allow bigamous or polygamous marriages for non-Muslims.
    • An existing valid marriage is an impediment unless it has been legally dissolved or declared null and void by a competent court.

4. Procedures for Contracting Marriage

  1. Obtain a Marriage License:

    • Apply at the local civil registrar of the city/municipality where either applicant habitually resides.
    • Submit required documents, such as:
      • Birth certificates (or baptismal certificates if birth certificates are unavailable).
      • Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA).
      • Parental consent (if 18–21 years old) or parental advice (if 21–25 years old).
    • The marriage license is generally valid for 120 days from the date of issue.

  2. Selection of a Solemnizing Officer:

    • Couples may choose a judge, a mayor, a military commander (in articulo mortis), a priest, pastor, imam, or minister authorized by their religious sect, etc.

  3. Wedding Ceremony:

    • Must be witnessed by at least two competent persons of legal age.
    • The parties should personally declare to take each other as husband and wife.

  4. Registration of the Marriage Certificate:

    • The solemnizing officer must submit the marriage certificate to the local civil registrar within 15 days after the ceremony for registration and official recording.

5. Legal Effects of Marriage

Upon a valid marriage, numerous legal effects arise:

  1. Legitimacy of Children:

    • Children conceived or born during the marriage are presumed legitimate.
    • This presumption extends to a certain period after the marriage’s termination or annulment.

  2. Mutual Support and Obligations:

    • Spouses are obliged to support each other, their common children, and legitimate children.

  3. Succession Rights:

    • Surviving spouses have inheritance rights under the law in intestate and testamentary succession.

  4. Property Relations:

    • The default regime under the Family Code is the Absolute Community of Property (ACP), unless the spouses agree otherwise in a prenuptial agreement.
    • Other property regimes include:
      • Conjugal Partnership of Gains (CPG) – Typically applies to marriages before the Family Code unless a different regime was chosen.
      • Complete Separation of Property or Other Regimes – Must be agreed upon in writing before marriage via a valid marriage settlement (prenuptial agreement).
    • Under ACP, all properties owned by the spouses at the time of marriage and those acquired thereafter generally form part of the community property, subject to exceptions (e.g., inheritance or donations to one spouse only).

6. Termination or Dissolution of Marriage

6.1. Annulment, Declaration of Nullity, and Legal Separation

  1. Declaration of Nullity of Marriage (Void ab initio):

    • Grounded on the absence of essential or formal requisites (e.g., incestuous marriages, bigamous marriages, one party below 18, psychological incapacity).
    • This proceeding treats the marriage as if it never existed.

  2. Annulment of Marriage (Voidable marriage):

    • Applies where a valid marriage exists until annulled by a court judgment.
    • Grounds include:
      • Lack of parental consent (if one spouse was 18–21 at the time of marriage).
      • Insanity (existing at the time of marriage).
      • Fraud, force, intimidation, or undue influence.
      • Impotence (existing at the time of marriage and continuing).
      • Serious sexually transmissible disease (unknown to the other party at the time of marriage).

  3. Legal Separation:

    • Does not dissolve the marriage bond but merely separates spouses in terms of bed and board.
    • Grounds can include repeated physical violence, drug addiction, abandonment, sexual infidelity, among others.
    • Legally separated spouses are not allowed to remarry, as the marriage remains valid.

6.2. Divorce in the Philippine Context

  1. General Rule:

    • The Philippines does not allow divorce for non-Muslim couples under current legislation.
    • This makes the Philippines one of the only countries in the world (aside from the Vatican City) without a general divorce law, although legislative proposals for divorce have periodically been introduced.

  2. Muslim Divorce:

    • Covered by P.D. 1083 for Filipino Muslims.
    • Recognizes Islamic forms of divorce under the supervision of Sharia courts.

  3. Recognition of Foreign Divorce:

    • A divorce obtained by a foreign spouse abroad can be recognized in the Philippines, provided the foreign spouse was the one who initiated and obtained the divorce in accordance with their national law.
    • The Filipino spouse can file for judicial recognition of that foreign divorce in Philippine courts, enabling them to remarry under Philippine law.

7. Special Considerations for Muslim Filipinos

  • P.D. 1083 (Code of Muslim Personal Laws) is enforced in Sharia courts for Filipino Muslims.
  • It allows polygamous marriages (up to four wives) under strict conditions, requiring financial capacity and fair treatment.
  • It recognizes Islamic forms of divorce (e.g., Talaq, Khula, Mubara’a) subject to approval by the Sharia court.

8. Property Regimes in More Detail

Under the Family Code, if spouses do not execute a marriage settlement, the Absolute Community of Property (ACP) regime applies. Some important details:

  1. Absolute Community of Property:

    • All assets owned by both spouses before and after the marriage become part of a single common fund, except for exclusive property such as inheritance, personal effects, or property acquired prior to the marriage when there is a stipulation or proof of exclusivity.

  2. Conjugal Partnership of Gains (CPG):

    • Each spouse retains ownership over their separate properties prior to the marriage.
    • Gains from these properties during the marriage are shared by both spouses.
    • Property purchased or acquired during marriage often becomes part of the conjugal partnership.

  3. Separation of Property:

    • If agreed upon in a prenuptial agreement properly executed before the marriage, each spouse keeps their own property (management, enjoyment, and disposition).

  4. Property Acquired with Common Funds:

    • In any regime (except complete separation of property), property acquired using common funds is typically co-owned.

9. Effects on Children and Child Support

  • Legitimacy: Children born within a valid marriage are deemed legitimate and are entitled to support, inheritance, and other rights.
  • Child Support: Both parents are obliged to support their children, regardless of marital status. If spouses separate de facto or legally, the obligation to support continues, typically enforced by a court order in cases of dispute.
  • Custody: In separation or annulment cases, custody is determined by the best interests of the child. Courts often favor the mother for children under seven years of age, unless there are compelling reasons otherwise.

10. Marriage by Proxy, Cohabitation, and Other Non-Traditional Arrangements

  • Proxy Marriage: Not recognized in Philippine law. Physical presence of both parties is required during the wedding ceremony.
  • Common-Law or Live-In Relationships: Cohabitation does not confer the legal rights and obligations of marriage. However, certain property rights may arise under the concept of “co-ownership” if both parties contribute to property acquisition.
  • Same-Sex Marriage: As of current law, marriage is defined exclusively between a man and a woman in the Family Code. Same-sex marriages are not legally recognized in the Philippines.

11. Frequently Asked Questions

  1. Can foreigners marry in the Philippines?
    Yes. They must present a “Certificate of Legal Capacity to Marry” from their embassy/consulate or an equivalent document that proves they are legally free to marry.

  2. Is a church wedding without a marriage license valid?
    Generally, no, unless the marriage falls under specific exemptions (e.g., marriages in articulo mortis, among certain indigenous communities, or Muslim marriages governed by P.D. 1083).

  3. If we live together as husband and wife for many years, is it considered a valid marriage?
    Under Philippine law, no. There is no concept similar to “common-law marriage” that automatically grants marital status. A valid civil or religious wedding following legal requirements is needed to be recognized as married.

  4. Can I get a divorce if I’m married to a foreigner who divorced me abroad?
    If your foreign spouse initiated and obtained the divorce under their national law, you can seek judicial recognition of that foreign divorce in the Philippines. This allows you to remarry locally.

12. Recent Developments and Legislative Proposals

  • Bills have been filed in Congress seeking to legalize divorce or expand grounds for terminating marriages, but as of the publication of this article, no general divorce law has been enacted.
  • Various groups continue to advocate for reforms in the Family Code, including proposals related to same-sex unions, simplifying annulment procedures, or providing administrative processes for certain marital disputes.
  • The Supreme Court and the legislature periodically issue new guidelines on psychological incapacity and other grounds for nullity or annulment of marriage.

Conclusion

Marriage in the Philippines is a solemn, legally binding union, extensively regulated by the Family Code and other special laws. The state’s policy underscores the permanence of marriage by strictly limiting the grounds for nullity and annulment, and by generally disallowing divorce except for Muslim couples governed by the Code of Muslim Personal Laws. Understanding the essential and formal requisites, property regimes, and procedures for dissolution is crucial for anyone planning to marry or currently navigating marriage-related legal issues.

For case-specific concerns, it is always advisable to seek the guidance of a licensed attorney or refer directly to the relevant laws and latest regulations.

References

  • Family Code of the Philippines (E.O. No. 209)
  • Civil Code of the Philippines (R.A. No. 386)
  • Presidential Decree No. 1083 (Code of Muslim Personal Laws)
  • 1987 Philippine Constitution
  • Local Government Code (R.A. 7160)
  • Philippine Statistics Authority (PSA) administrative regulations

This article is intended only for general informational purposes and does not substitute for individual legal counsel.

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

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