Family Code of the Philippines Reviewer - Articles 1-14

The Family Code of the Philippines

(Executive Order 209, July 6, 1987, as amended by Executive Order 227, July 17, 1987)

Title I

MARRIAGE

Chapter 1

REQUISITES OF MARRIAGE

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.

The Two Aspects of Marriage

1. It is a special contract

2. It is a status or a relation or an institution

Note: The enactment of RA 6955 declaring unlawful the practice of matching Filipino women for marriage to foreign nationals on a mail-order basis and other similar practices.

Marriage Distinguished from Ordinary Contracts

Marriage                                                            Ordinary Contract

1. Both a contract AND a social institution   1. Merely a contract

2. Generally, stipulations are fixed                   2. Stipulations are generally fixed by the parties.

by law - not by the parties                                3. Can be ended by mutual agreement and 

(exception: marriage settlement provisions)        by other legal causes

3. Can be dissolved only by death or 

annulment, not by mutual agreement

Offer of Marriage

The offer of the accused to marry the victim establishes his guilt. As a rule in rape cases, an offer of marriage is an admission of guilt.

ARTICLE 2. NO MARRIAGE SHALL BE VALID, UNLESS THESE ESSENTIAL REQUISITES ARE PRESENT:

1. LEGAL CAPACITY OF THE CONTRACTING PARTIES WHO MUST BE A MALE AND FEMALE; AND

2. CONSENT FREELY GIVEN IN THE PRESENCE OF A SOLEMNIZING OFFICER.

ARTICLE 3. THE FORMAL REQUISITES OF MARRIAGE ARE:

1. AUTHORITY OF THE SOLEMNIZING OFFICER;

2. A VALID MARRIAGE LICENSE IN THE CASES PROVIDED FOR IN CHAPTER 2 OF THIS TITLE; AND

3. A MARRIAGE CEREMONY WHICH TAKES PLACE WITH THE APPEARANCE OF THE CONTRACTING PARTIES BEFORE THE SOLEMNIZING OFFICER AND THEIR PERSONAL DECLARATION THAT THEY TAKE EACH OTHER AS HUSBAND AND WIFE IN THE PRESENCE OF NOT LESS THAN TWO WITNESSES OF LEGAL AGE.

Their Consent Freely Given

A. “Consent” refers to the consent of the contracting parties, not parental consent. Parental consent is in connection with requisite No. 1 referring to legal capacity.

B. Consent is required because marriage is a contract, a voluntary act.

C. If there is consent, but it is VITIATED by error, fraud, intimidation, force, etc., the marriage is not void; it is merely VOIDABLE, i.e., valid until annulled.

D. If there is absolutely no consent, or when the parties did not intend to be bound, as in the case of a JOKE or in the case of a STAGE or MOVIE PLAY, the marriage is VOID.

Note: Absence of any of the formal requisites - the marriage is VOID AB INITIO, unless one or both of the parties are in good faith.

ARTICLE 4. THE ABSENCE OF ANY OF THE ESSENTIAL OR FORMAL REQUISITES SHALL RENDER THE MARRIAGE VOID AB INITIO, EXCEPT AS STATED IN ARTICLE 35(2).

A DEFECT IN ANY OF THE ESSENTIAL REQUISITES SHALL RENDER THE MARRIAGE VOIDABLE AS PROVIDED IN ARTICLE 45.

AN IRREGULARITY IN THE FORMAL REQUISITES SHALL NOT AFFECT THE VALIDITY OF THE MARRIAGE BUT THE PARTY OR PARTIES RESPONSIBLE FOR THE IRREGULARITY SHALL BE CIVILLY , CRIMINALLY AND ADMINISTRATIVELY LIABLE.

Examples of Irregularities

1. Presence of only one witness

2. Lack of legal age of witnesses

3. Failure to comply with procedural requirements under Art. 12

4. Non-observance of 3-month period under Art. 15

5. Failure to comply with requirements of notice under Art. 17.

ARTICLE 5. ANY MALE OR FEMALE OF THE AGE OF EIGHTEEN YEARS OR UPWARDS NOT UNDER ANY OF THE IMPEDIMENTS MENTIONED IN ARTICLE 37 AND 38, MAY CONTRACT MARRIAGE.

ARTICLE 6. NO PRESCRIBED FORM OR RELIGIOUS RITE FOR THE SOLEMNIZATION OF THE MARRIAGE IS REQUIRED. IT SHALL BE NECESSARY, HOWEVER, FOR THE CONTRACTING PARTIES TO APPEAR PERSONALLY BEFORE THE SOLEMNIZING OFFICER AND DECLARE IN THE PRESENCE OF NOT LESS THAN TWO WITNESSES OF LEGAL AGE THAT THEY TAKE EACH OTHER AS HUSBAND AND WIFE. THIS DECLARATION SHALL BE CONTAINED IN THE MARRIAGE CERTIFICATE WHICH SHALL BE SIGNED BY THE CONTRACTING PARTIES AND THEIR WITNESSES AND ATTESTED BY THE SOLEMNIZING OFFICER.

IN CASES OF A MARRIAGE IN ARTICULO MORTIS, WHEN THE PARTY AT THE POINT OF DEATH IS UNABLE TO SIGN THE MARRIAGE CERTIFICATE, IT SHALL BE SUFFICIENT FOR ONE OF THE WITNESSES TO THE MARRIAGE TO WRITE THE NAME OF SAID PARTY, WHICH FACT SHALL BE ATTESTED BY THE SOLEMNIZING OFFICER.

Common -Law Marriage

A common-law marriage is one where the man and the woman just live together as husband and wife without getting married. In today’s language, this is referred to as a live-in relationship.

Marriages by Proxy

Marriage by proxy is one where the other party is merely represented by a delegate or friend.

Rules:

A. If performed here in the Philippines, the marriage is void because physical presence of both parties is required under Art. 6 of the Family Code.

B. If performed abroad, whether between Filipinos or foreigners or mixed, it would seem that the controlling Article is Art. 26 of the Family Code. Hence, ordinarily, if the marriage by proxy is valid as such where celebrated, it should be considered as valid in the Philippines, without prejudice to any restrictions that may be imposed by our Immigration Laws for purposes of immigration.

Note: The marriage by proxy is deemed celebrated at the place where the delegate or the proxy appears.

ARTICLE 7. MARRIAGE MAY BE SOLEMNIZED BY:

1. ANY INCUMBENT MEMBER OF THE JUDICIARY WITHIN THE COURT’S JURISDICTION;

2. ANY PRIEST, RABBI, IMAM, OR MINISTER OF ANY CHURCH OR RELIGIOUS SECT DULY AUTHORIZED BY HIS CHURCH OR RELIGIOUS SECT AND REGISTERED WITH THE CIVIL REGISTRAR GENERAL, ACTING WITHIN THE LIMITS OF THE WRITTEN AUTHORITY GRANTED HIM BY HIS CHURCH OR RELIGIOUS SECT AND PROVIDED THAT AT LEAST ONE OF THE CONTRACTING PARTIES BELONGS TO THE SOLEMNIZING OFFICER’S CHURCH OR RELIGIOUS SECT;

3. ANY SIP CAPTAIN OR AIRPLANE CHIEF ONLY IN THE CASES MENTIONED IN ARTICLE 31;

4. ANY MILITARY COMMANDER OF A UNIT TO WHICH A CHAPLAIN IS ASSIGNED, IN THE ABSENCE OF THE LATTER, DURING A MILITARY OPERATION, LIKEWISE ONLY IN THE CASES MENTIONED IN ARTICLE 32; OR

5. ANY CONSUL-GENERAL, CONSUL OR VICE CONSUL IN THE CASE PROVIDED IN ARTICLE 10.

Governors, Mayors and Ambassadors Lack Authority to Solemnize Marriages

Under the family Code, governors, mayors, and ambassadors are not authorized to perform marriages. (Inclusio unius est exclusio alterius - What the law does not include, it excludes.)

ARTICLE 8. THE MARRIAGE SHALL BE SOLEMNIZED PUBLICLY IN THE CHAMBERS OF THE JUDGE OR IN OPEN COURT, IN THE CHURCH, CHAPEL OR TEMPLE, OR IN THE OFFICE OF THE CONSUL-GENERAL, CONSUL OR VICE-CONSUL, AS THE CASE MAY BE, AND NOT ELSEWHERE, EXCEPT IN CASES OF MARRIAGES CONTRACTED AT THE POINT OF DEATH OR IN REMOTE PLACES IN ACCORDANCE WITH ARTICLE 29 OF THIS CODE, OR WHERE BOTH OF THE PARTIES REQUEST THE SOLEMNIZING OFFICER IN WRITING IN WHICH CASE THE MARRIAGE MAY BE SOLEMNIZED AT A HOUSE OR PLACE DESIGNATED BY THEM IN A SWORN STATEMENT TO THE EFFECT.

Instances Where Public Solemnization is Not Needed

Public solemnization is needed excerpt:

A. Marriages in chambers of the Justice or Judge

B. In marriages in articulo mortis.

C. In marriages in remote place.

D. When both of the parties request in writing for solemnization in some other place. The place must be designated in a sworn statement.

ARTICLE 9. A MARRIAGE LICENSE SHALL BE ISSUED BY THE LOCAL CIVIL REGISTRAR OF THE CITY OR MUNICIPALITY WHERE WITHER CONTRACTING PARTY HABITUALLY RESIDES, EXCEPT IN MARRIAGES WHERE NO LICENSE IS REQUIRED IN ACCORDANCE WITH CHAPTER 2 OF THIS TITLE.

Marriages of Exceptional Character (No Marriage License is Required)

A. In articulo mortis

B. In a remote place

C. Marriage of people who have previously cohabited for at least 5 years.

D. Marriages between pagans or Mohammedans, who live in non-Christian provinces, and who are married in accordance with their customs.

ARTICLE 10. MARRIAGES BETWEEN FILIPINO CITIZENS ABROAD MAY BE SOLEMNIZED BY A CONSUL-GENERAL, CONSUL OR VICE-CONSUL OF THE REPUBLIC OF THE PHILIPPINES. THE ISSUANCE OF THE MARRIAGE LICENSE AND THE DUTIES OF THE LOCAL CIVIL REGISTRAR AND OF THE SOLEMNIZING OFFICER WITH REGARD TO THE CELEBRATION OF MARRIAGE SHALL BE PERFORMED BY SAID CONSULAR OFFICIAL.

ARTICLE 11. WHERE A MARRIAGE LICENSE IS REQUIRED, EACH OF THE CONTRACTING PARTIES SHALL FILE SEPARATELY A SWORN APPLICATION FOR SUCH LICENSE WITH THE PROPER LOCAL CIVIL REGISTRAR WHICH SHALL SPECIFY THE FOLLOWING:

1. FULL NAME OF THE CONTRACTING PARTY;

2. PLACE OF BIRTH;

3. AGE AND DATE OF BIRTH;

4. CIVIL STATUS

5. IF PREVIOUSLY MARRIED, HOW, WHEN AND WHERE THE PREVIOUS MARRIAGE WAS DISSOLVED OR ANNULLED;

6. PRESENT RESIDENCE AND CITIZENSHIP;

7. DEGREE OF RELATIONSHIP OF THE CONTRACTING PARTIES;

8. FULL NAME, RESIDENCE AND CITIZENSHIP OF THE FATHER;

9. FULL NAME, RESIDENCE AND CITIZENSHIP OF THE MOTHER; AND

10. FULL NAME, RESIDENCE AND CITIZENSHIP OF THE GUARDIAN OR PERSON HAVING CHARGE, IN CASE THE CONTRACTING PARTY HAS NEITHER FATHER NOR MOTHER AND IS UNDER THE AGE OF TWENTY-ONE YEARS.

THE APPLICANTS, THEIR PARENTS OR GUARDIANS SHALL NOT BE REQUIRED TO EXHIBIT THEIR RESIDENCE CERTIFICATE IN ANY FORMALITY IN CONNECTION WITH THE SECURING OF THE MARRIAGE LICENSE.

ARTICLE 12. THE LOCAL CIVIL REGISTRAR, UPON RECEIVING SUCH APPLICATION, SHALL REQUIRE THE PRESENTATION OF THE ORIGINAL BIRTH CERTIFICATES OR, IN DEFAULT THEREOF, THE BAPTISMAL CERTIFICATES OF THE CONTRACTING PARTIES OR COPIES OF SUCH DOCUMENTS DULY ATTESTED BY THE PERSONS HAVING CUSTODY OF THE ORIGINALS THESE CERTIFICATES OR CERTIFIED COPIES OF THE DOCUMENTS REQUIRED BY THIS ARTICLE NEED NOT BE SWORN TO AND SHALL BE EXEMPT FROM THE DOCUMENTARY STAMP TAX. THE SIGNATURE AND OFFICIAL TITLE OF THE PERSON ISSUING THE CERTIFICATE SHALL BE SUFFICIENT PROOF OF ITS AUTHENTICITY.

IF EITHER OF THE CONTRACTING PARTIES IS UNABLE TO PRODUCE HIS BIRTH OR BAPTISMAL CERTIFICATE OR A CERTIFIED COPY OF EITHER BECAUSE OF THE DESTRUCTION OR LOSS OF THE ORIGINAL, OR IF IT IS SHOWN BY AN AFFIDAVIT OR SUCH PARTY OR OF ANY OTHER PERSON THAT SUCH BIRTH OR BAPTISMAL CERTIFICATE HAS NOT YET BEEN RECEIVED THOUGH THE SAME HAS BEEN REQUIRED OF THE PERSON HAVING CUSTODY THEREOF AT LEAST FIFTEEN DAYS PRIOR TO THE DATE OF THE APPLICATION, SUCH PARTY MAY FURNISH IN LIEU THEREOF HIS CURRENT RESIDENCE CERTIFICATE OR AN INSTRUMENT DRAWN UP AND SWORN TO BEFORE THE LOCAL CIVIL REGISTRAR CONCERNED OR ANY PUBLIC OFFICIAL AUTHORIZED TO ADMINISTER OATHS. SUCH INSTRUMENT SHALL CONTAIN THE SWORN DECLARATION OF TWO WITNESSES OF LAWFUL AGE, SETTING FORTH THE FULL NAME, RESIDENCE AND CITIZENSHIP OF SUCH CONTRACTING PARTY AND OF HIS OR HER PARENTS, IF KNOWN, AND THE PLACE AND DATE OF BIRTH OF SUCH PARTY. THE NEAREST OF KIN OF THE CONTRACTING PARTIES SHALL BE PREFERRED AS WITNESSES, OR, IN THEIR DEFAULT, PERSONS OF GOOD REPUTATION IN THE PROVINCE OR THE LOCALITY.

THE PRESENTATION OF BIRTH OR BAPTISMAL CERTIFICATE SHALL NOT BE REQUIRED IF THE PARENTS OF THE CONTRACTING PARTIES APPEAR PERSONALLY BEFORE THE LOCAL CIVIL REGISTRAR CONCERNED AND SWEAR TO THE CORRECTNESS OF THE LAWFUL AGE OF SAID PARTIES, AS STATED IN THE APPLICATION, OR WHEN THE LOCAL CIVIL REGISTRAR SHALL, BY MERELY LOOKING AT THE APPLICANTS UPON THEIR PERSONALLY APPEARING BEFORE HIM, BE CONVINCED THAT EITHER OR BOTH OF THEM HAVE THE REQUIRED AGE.

ARTICLE 13. IN CASE WITHER OF THE CONTRACTING PARTIES HAS BEEN PREVIOUSLY MARRIED, THE APPLICANT SHALL BE REQUIRED TO FURNISH, INSTEAD OF THE BIRTH OR BAPTISMAL CERTIFICATE REQUIRED IN THE LAST PRECEDING ARTICLE, THE DEATH CERTIFICATE OF THE DECEASED SPOUSE OR THE JUDICIAL DECREE OF THE ABSOLUTE DIVORCE, OR THE JUDICIAL DECREE OF ANNULMENT OR DECLARATION OF NULLITY OF HIS OR HER PREVIOUS MARRIAGE. IN CASE THE DEATH CERTIFICATE CANNOT BE SECURED, THE PARTY SHALL MAKE AN AFFIDAVIT SETTING FORTH THIS CIRCUMSTANCE AND HIS OR HER ACTUAL CIVIL STATUS AND THE NAME AND DATE OF DEATH OF THE DECEASED SPOUSE.

ARTICLE 14. IN CASE EITHER OR BOTH OF THE CONTRACTING PARTIES, NOT HAVING BEEN EMANCIPATED BY A PREVIOUS MARRIAGE, ARE BETWEEN THE AGES OF EIGHTEEN AND TWENTY-ONE, THEY SHALL, IN ADDITION TO THE REQUIREMENTS OF THE PRECEEDING ARTICLES, EXHIBIT TO THE LOCAL CIVIL REGISTRAR, THE CONSENT TO THEIR MARRIAGE OF THEIR FATHER, MOTHER, SURVIVING PARENT OR GUARDIAN, OR PERSONS HAVING LEGAL CHARGE OF THEM, IN THE ORDER MENTIONED. SUCH CONSENT SHALL BE MANIFESTED IN WRITING BY THE INTERESTED PARTY, WHO PERSONALLY APPEARS BEFORE THE PROPER LOCAL CIVIL REGISTRAR, OR IN THE FORM OF AN AFFIDAVIT MADE IN THE PRESENCE OF TWO WITNESSES AND ATTESTED BEFORE ANY OFFICIAL AUTHORIZED BY LAW TO ADMINISTER OATHS. THE PERSONAL MANIFESTATION SHALL BE RECORDED IN BOTH APPLICATIONS FOR MARRIAGE LICENSE, AND THE AFFIDAVIT, IF ONE IS EXECUTED INSTEAD, SHALL BE ATTACHED TO SAID APPLICATIONS.