Family Code

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.
-special contract
-permanent union
-between man and woman
-in accordance with law
-establishment of conjugal and family life.
Article 26 All marriages solemnized outside the Philippines in accordance with the
law in force in the country where they were solemnized and valid there as such, shall also
be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36,
37, and 38.
Where marriage between a Filipino citizen and foreigner is validly celebrated
and a divorced is thereafter validly obtained abroad by the alien spouse capacitating him
or her to remarry, the Filipino spouse shall likewise have capacity to remarry under
Philippine law.
-rule of lex loci celebrationis
-Foreign marriage void in Ph (although valid in the country of celebration) if:
1. either or both parties have no legal capacity to marry (Art 35 par 1)
2. bigamous or polygamous marriage (Art 35 par 4)
3. consent of one party is lacking because of mistake in identity of the other (Art 35 par
5)
4. one party is psychologically incapacitated at time of marriage to comply with essential
marital obligations (Art 36)
5. incestuous marriage (Art 37)
6. by reason of public policy (Art 38)
-If foreign spouse obtained the divorce abroad capacitating him to remarry, the Filipino
spouse shall have capacity to remarry not applicable if Filipino obtained the divorce
-confirmation from foreign court of the divorce decree is now needed
Article 35 The following shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of
parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless
such marriages were contracted by both parties believing in good faith that the
solemnizing officer had legal authority to do so;
(3) Those solemnized without a license, except those covered by the preceding Chapter;
(4) Those bigamous or polygamous marriages not falling under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void under Article 53.

As to nature

Void Marriage
Inexistent from time of performance

As to susceptibility of convalidation

Cannot

Effect on property

No community property; only coownership

Effect on children

Illegitimate under Art 165 (subject to

exceptions)
(a) Attacked directly or collaterally;
for purpose of remarriage, judicial
decree of nullity (Art 40)
(b) Can be impugned even after death
of parties

How marriage may be impugned

Voidable Marriag
Valid until annu
court
Can be, either f
prescription
Absolute comm
system agreed
settlement
Legitimate if c
before annulment
(a) Direct attac
decree of annulm

(b) Cannot be im
of one of the part

Article 36 A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of
marriage, shall likewise be void even if such incapacity becomes manifest only after its
solemnization.
-no examples of psychological incapacity for fear that it would limit applicability of the
provision under the principle of ejusdem generis.
-interpret provision in case-to-case basis
- no prohibition for a person proven to have psychological incapacity to marry again
-gravity subject cannot carry out normal and ordinary duties of marriage and family
shouldered by any average couple under ordinary circumstances of life and work
-antecedence roots of the trouble can be traced on the subject even before the marriage
-incurability treatments required exceed ordinary means of the subject, or involve time
and expense beyond the reach of the subject
-Who can file action to declare marriage void? Either party, even the psychologically
incapacitated.
-action to declare the marriage void DOES NOT prescribe
Article 37 Marriages between the following are incestuous and void from the
beginning, whether the relationship between parties is legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half-blood.
Article 38 The following shall be void from the beginning for reasons of public
policy:
(1) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth
civil degree;
(2) Between step-parents and stepchildren;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one with the intention to marry the other, killed that persons
spouse or his or her own spouse.
-Against public policy because:
1. deleterious effect of such marriages on the offspring
2. offensive to ones sensibilities for a parent-in-law to marry the child-in-law
3. adoption creates legal fiction; parent-in-law is void to marry a child-in-law
4. immoral to marry adopted sibling because adoption creates legal fiction
5. same as no. 4
6. killing other spouse with intention to marry another one.
Relationships not barred by Art 37 and 38
1. brother-in-law and sister-in-law;
2. Stepbrother and stepsister;
3. guardian and ward
4. Adopted and illegitimate child of adopter;
5. Adopted son of the husband and adopted daughter of the wife
6. Convicted of concubinage or adultery
Article 55 A petition for legal separation may be filed on any of the following
grounds:
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner;
2. Physical violence or moral pressure to compel petitioners to change religious or
political affiliation;
3. Attempt of respondent to corrupt or induce the petitioner, common child, or a child of
petitioner, to engage in prostitution, or connivance in such corruption or inducement;
4. Final judgment sentencing the respondent to imprisonment of more than six years,
even If pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbianism or homosexuality of the respondent;
7. Contracting by respondent a subsequent bigamous marriage, whether in the Philippines
or abroad;
8. Sexual infidelity or perversion;

9. Attempt of respondent against the life of petitioner;

10. Abandonment of petitioner by respondent without justiciable cause for more than one
year.
For purposes of this Article, the term child shall include a child by nature of nature or
by adoption.

Ground
for
Annulment
Lack of Parental
Consent

Insanity
party

of

one

Who
can
file
action
1. Party underage
2. Parent or
guardian
1. Sane spouse

2. Guardian of
insane spouse
3. Insane person

Fraud

Injured party

Force,
intimidation,
or
undue influence
Impotence of one
party

Injured party

Serious sexually
transmissible
disease

Healthy party

Potent party

Period
of
Prescription
Within 5 years
after attaining 21
Before child
reaches 21
Before death of
one party
Before death of
one party
During
lucid
interval or after
regaining sanity;
also before death
of other party
Within 5 years
from discovery of
fraud
Within 5 years
from cessation of
cause
Within 5 years
after marriage
Within 5 years
after marriage

Ratification
Free cohabitation
after reaching 21

Free cohabitation
after insane regains
sanity

Free cohabitation
after knowledge of
fraud
Free cohabitation
after cause has
disappeared
Cannot be ratified,
but
action
prescribes
Cannot be ratified
but
action
prescribes