TITLE I: MARRIAGE

Article 1. Marriage is a ​special contract of permanent Art. 2. No marriage shall be valid, unless these ​essential
union between a man and a woman entered into in requisites​ are present:
accordance with law for the establishment of conjugal
(1) ​Legal capacity of the contracting parties who must be
and family life. It is the foundation of the family and an
a male and a female; and
inviolable social institution ​whose nature, consequences,
and incidents are governed by law and not subject to (2) ​Consent freely given in the presence of the
stipulation, except that marriage settlements may fix the solemnizing officer. (53a)
property relations during the marriage within the limits
provided by this code. Art. 3.​ The ​formal requisites​ of marriage are:

- The only incident in marriage which can be the (1) ​Authority of the solemnizing officer​;
subject of stipulation is with reference to the (2) A ​valid marriage license except in the cases provided
choice of the economic regime of the contracting for in Chapter 2 of this Title; and
parties
- The state is the third party in the marriage (3) A ​marriage ceremony which takes place with the
- They may stipulate the ff: Property & Custody, appearance of the contracting parties before the
as long as it is within the parameters of the law solemnizing officer and their personal declaration that
- The law presumes validity of marriage since they take each other as husband and wife in the presence
the constitution protects itself the integrity of of not less than two witnesses of legal age. (53a, 55a)
family life
Legal Capacity ​(ART 5)—Parties, one male and one
Iron Curtain Rule—​Legitimate children and relatives female, are at least 18 years of age and are not barred by
cannot inherit in the same way from the illegitimate any impediment to marry each other
child
- At the time of marriage
Presumption of Validity​—persons who present - Law is needed to legalize marriage involving a
themselves as husband and wife are presumed to be Transsexual, since the sex of a person is
married determined by his physical sex at the time of
birth
Marriage Ordinary Contract
Special contract Mere contract Consent​—Conformity. Must be free—not the result of
Governed by law on Governed by law on force, intimidation or threat—must be given in the
marriage contracts presence of the solemnizing officer
Inviolable social Not an inviolable
Authority of Solemnizing Officer (ART 7, 8, 22, 23, 29,
institution social institution
30 & 34)—Must be clothed with the power to marry
Not subject to Subject to stipulation
stipulations Valid Marriage License ​(ART 9-19)—Written
Legal capacity is Minors may contract permission issued by the civil registrar, authorizing their
required thru their parents marriage before any authorized solemnizing officer
Contracting parties Can be two or more (valid only for 120 days)
must only be 2 (1M parties and difference
& 1F) of gender is not Marriage Ceremony— ​ Solemnization of the marriage.
material There is no prescribed religious rite.
Terminated by death, Terminated upon
- The mere fact that no record of marriage exists
declaration of nullity expiration of the
or annulment due to term, upon fulfillment does not invalidate the marriage, provided all the
legal cause of agreement requisites for its validity are present
Limited Purpose Marriage​—The only purpose was to to the marriage to write the name of said party, which
acquire citizenship (Republic v. Albios) fact shall be attested by the solemnizing officer.

- Marriage certificate shall be prepared in

quadruplicate
Art. 4. The ​absence of any of the essential or formal
- One of the parties, or the solemnizing officer
requisites shall render the marriage void ab initio​, except
must make sure that the witness signs the
as stated in Article 35 (2).
certificate correctly
A defect in any of the essential requisites shall render the - Certificate and ceremony are for the reason that
marriage ​voidable​ as provided in Article 45 we do not recognize common law
- Proof of marriage is not exclusive to marriage
An irregularity in the formal requisites does not affect certificate; Testimonies from guests and
the validity of the marriage but the party or parties solemnizing officer is sufficient
responsible for the irregularity shall be civilly,
criminally and administratively liable. Art. 7​. Marriage may be solemnized by:

- Absence of any requisite renders the marriage (1) Any incumbent member of the judiciary within the
void court’s jurisdiction;
- Bigamy, not an irregularity but a crime (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
Art. 5. Any male or female of the age of eighteen years within the limits of the written authority granted by his
or upwards not under any of the impediments mentioned church or religious sect and provided that ​at least one of
in Articles 37 and 38, may contract marriage the contracting parties belongs to the solemnizing
officer’s church or religious sect​;
- Marriages resulting in incestuous marriage
(3) Any ship captain or airplane chief only in the case
(ART 37) or in a marriage against public policy
mentioned in ​Article 31​;
(ART 38) or in a bigamous or polygamous
marriage (ART 35 [4]) or in a void marriage (4) Any military commander of a unit to which a
under ART 53, the marriage will be void. chaplain is assigned, in the absence of the latter, ​during a
- The law deems that since you are a minor, you military operation​, likewise only in the cases mentioned
cannot give your own consent in ​Article 32;
- ART 45(1)—Contractual marriage needs (5) Any consul-general, consul or vice-consul in the case
parental consent if party if below 21 years old provided in Article 10. (56a)
(ART 14)
(1) The solemnizing authority of ​Mayors to
perform marriages was restores by the New
Art. 6. ​No prescribed form or religious rite for the Local Government Code (Local Government
solemnization of the marriage is required. It shall be Code has no territoriality, No Jurisdiction)
necessary​, however, ​for the contracting parties to appear
(2) Religious Solemnizers—​(a) Duly authorized
personally before the solemnizing officer and declare in
by their respective churches or sects; (b) Duly
the presence of not less than two witnesses of legal age registered with the Office of the Civil Registrar
that they take each other as husband and wife​. This General; (c) Must act within the limits of their
declaration shall be contained in the marriage certificate written authority and; (d) At least one of the
which shall be signed by the contracting parties and their parties belong to the solemnizing officer’s
witnesses and attested by the solemnizing officer. church
In case of a marriage in ​articulo mortis​, when the party (3) Ship Captains; (4) Airplane Pilots—U​ nder
at the point of death is unable to sign the marriage ART 31, a ship captain or airplane pilot can
certificate, ​it shall be sufficient for one of the witnesses perform marriages in ​articulo mortis between
passengers or crew members while the ship is at
 sea or the plane is in flight, or during stopovers where no license is required in accordance with Chapter
at ports of call 2 of this Title. (58a)
(5) Military Commander—U ​ nder Art 32, they - A license issues in a place different from the
can solemnize marriages in Articulo Mortis only habitual residence of the contracting parties
between persons within the zone of military doesn’t invalidate the marriage
operation; If Chaplain is present, but the
Art. 10. Marriages between Filipino citizens abroad may
commander commences marriage, authority is
be solemnized by a consul-general, consul or vice-consul
absent, therefore, marriage is void due to the
of the Republic of the Philippines. The issuance of the
absence of one of its formal requisites
marriage license and the duties of the local civil registrar
(6) ​Consuls— ​ Consuls-General are now and of the solemnizing officer with regard to the
expressly authorized to solemnize marriages celebration of marriage shall be performed by said
only between Filipinos abroad who need not be consular official. (75a)
permanent residents therein (ART 10)
- Must take place at the embassy abroad; Consuls
Article. 8​. The marriage shall be solemnized publicly in cannot marry locals, only OFWs
the chambers of the judge or in open court, in the church,
- Officer’s power to officiate marriage must be
chapel or temple, or in the office the consul-general,
recognized by the receiving state through
consul or vice-consul, as the case may be, and ​not
treaties, otherwise it may be declared as invalid.
elsewhere​, except in cases of marriages contracted on the
point of death or in ​remote places in accordance with Art. 11. Where a marriage license is required, each of
Article 29 of this Code, or ​where both of the parties the contracting parties shall file separately a sworn
request the solemnizing officer in writing in which case application for such license with the proper local civil
the marriage may be solemnized at a house or place registrar which shall specify the following:
designated by them in a sworn statement to that effect.
(57a) (1) Full name of the contracting party;

- ART 8 refers to venues of marriage ceremonies; (2) Place of birth;

it is the liability of the Solemnizing Officer to (3) Age and date of birth;
check the venue
(4) Civil status;
- The validity of the marriage is not affected by
the judge’s non-compliance with ART 8; but a (5) If previously married, how, when and where the
marriage solemnized by a Judge during a previous marriage was dissolved or annulled;
Sunday where there is no office is invalid (6) Present residence and citizenship;
- Priest is only authorized to solemnize marriages (7) Degree of relationship of the contracting parties;
within the area diocese or place allowed by his
Bishop (8) Full name, residence and citizenship of the father;

Proof of Existence of Foreign Marriage, Necessary— ​ A (9) Full name, residence and citizenship of the mother;
marriage contracted outside the country, which is valid and
under the law of the country in which it was celebrated,
(10) Full name, residence and citizenship of the guardian
is also valid in the Philippines, unless no proof was
or person having charge, in case the contracting party
presented
has neither father nor mother and is under the age of
(a) The applicable or pertinent provision of the twenty-one years.
foreign law on marriage
The applicants, their parents or guardians shall not be
(b) Celebration was done in compliance with these required to exhibit their residence certificates in any
provisions formality in connection with the securing of the marriage
license. (59a)
Art. 9. A marriage license shall be issued by the local
civil registrar of the city or municipality ​where either
contracting party habitually resides​, except in marriages
 - Consuls must perform the duty of the civil In case the death certificate cannot be secured, the party
registrar if an OFW applies for a license shall make ​an affidavit setting forth this circumstance
and his or her actual civil status and the name and date
Art. 12. The local civil registrar, upon receiving such
of death of the deceased spouse.​ (61a)
application, ​shall require the presentation of the original
birth certificates or, in default thereof, the baptismal Papers to be Presented by Applicant:
certificates of the contracting parties or ​copies of such
a) Death- Death certificate
documents duly attested by the persons having custody
of the originals. These certificates or certified copies of b) Divorce- Judicial decree of absolute divorce
the documents by this Article ​need not be sworn to and refers to Foreign Divorce
shall be exempt from the documentary stamp tax​. The
signature and official title of the person issuing the c) Annulment of voidable marriage- Judicial
certificate shall be sufficient proof of its authenticity. Decree of annulment

If either of the contracting parties is ​unable to produce d) Declaration of nullity of a void marriage-
his birth or baptismal certificate or a certified copy of Judicial declaration of nullity
either because of the destruction or loss of the original or Art. 14​. In case either or both of the contracting parties
if it is shown by an ​affidavit of such party or of any other [not having been emancipated by a previous marriage]
person that such birth or baptismal certificate has not yet are ​between the ages of eighteen and twenty-one​, they
been received though the same has been required of the shall, in addition to the requirements of the preceding
person having custody thereof at least fifteen days prior articles, exhibit to the local civil registrar, ​the consent to
to the date of the application, ​such party may furnish in their marriage of their father, mother, surviving parent or
lieu thereof his current residence certificate or an guardian, or persons having legal charge of them, in the
instrument drawn up and sworn to before the local civil order mentioned​. Such consent shall be manifested in
registrar concerned or any public official authorized to writing by the interested party, who personally appears
administer oaths​. Such instrument shall contain the before the proper local civil registrar, or in the form of
sworn declaration of two witnesses of lawful age, setting an affidavit made in the presence of two witnesses and
forth the full name, residence and citizenship of such attested before any official authorized by law to
contracting party and of his or her parents, if known, and administer oaths. ​The personal manifestation shall be
the place and date of birth of such party. The nearest of recorded in both applications for marriage license, and
kin of the contracting parties shall be preferred as the affidavit, if one is executed instead, shall be attached
witnesses, or, in their default, persons of good reputation to said applications.​ (61a)
in the province or the locality.
- Under RA 6809, there is no more emancipation
The presentation of birth or baptismal certificate ​shall by reason of marriage
not be required if the parents of the contracting parties
appear personally before the local civil registrar - When you apply for license, you need consent;
concerned and swear to the correctness of the lawful age If you fail to receive parental consent, they will
of said parties, as stated in the application, or when the still issue the license. But because of the defect
local civil registrar shall, by merely looking at the in consent, marriage is voidable
applicants upon their personally appearing before him, - Parental advice will not affect the validity of
be convinced that either or both of them have the marriage
required age. (60a)
Art. 15​. Any contracting party between the age of
- Duties of the local civil registrar (ART 24) twenty-one and twenty-five ​shall be obliged to ask their
Art. 13. In case either of the contracting parties has been parents or guardian for advice upon the intended
previously married, the applicant shall be required to marriage. If they do not obtain such advice, or ​if it be
furnish, instead of the birth or baptismal certificate unfavorable, the marriage license shall not be issued till
required in the last preceding article, ​the death certificate after three months following the completion of the
of the deceased spouse or the judicial decree of the publication of the application therefor. A sworn
absolute divorce, or the judicial decree of annulment or statement by the contracting parties to the effect that
declaration of nullity of his or her previous marriage. such advice has been sought, together with the written
advice given, if any, shall be attached to the application
for marriage license. Should the parents or guardian - Purpose is to easily invite the attention of the
refuse to give any advice, this fact shall be stated in the general public about the intended marriage so
sworn statement. (62a) that anybody with knowledge of any subsisting
impediment to the marriage can readily report
- If contracting parties deliberately refused to
the matter
obtain parental advice, marriage license must not
be issued Art. 18. ​In case of any impediment known to the local
civil registrar or brought to his attention, he shall ​note
- For unfavorable advice, parties must preset
down the particulars thereof and his findings thereon in
affidavit that the advice given was unfavorable
the application for marriage license, ​but shall
Art. 16. ​In the cases where parental consent or parental nonetheless issue said license after the completion of the
advice is needed, the party or parties concerned shall, in period of publication, unless ordered otherwise by a
addition to the requirements of the preceding articles, competent court at his own instance or that of any
attach a certificate issued by a priest, imam or minister interest party. No filing fee shall be charged for the
authorized to solemnize marriage under Article 7 of this petition nor a corresponding bond required for the
Code or ​a marriage counselor duly accredited by the issuances of the order. (64a)
proper government agency to the effect that the
- Local Civil registry will need to swiftly file a
contracting parties have undergone marriage counseling​.
case, within 10 days
Failure to attach said certificates of marriage counseling
shall suspend the issuance of the marriage license for a - The previous law allowed the local civil registry
period of three months from the completion of the to withhold the license but was removed to
publication of the application. ​Issuance of the marriage prevent corruption
license within the prohibited period shall subject the
Art. 19. The local civil registrar shall require the
issuing officer to administrative sanctions but shall not
payment of the fees prescribed by law or regulations
affect the validity of the marriage​.
before the issuance of the marriage license. No other
Should only one of the contracting parties need parental sum shall be collected in the nature of a fee or tax of any
consent or parental advice, the other party must be kind for the issuance of said license. It shall, however, be
present at the counseling referred to in the preceding issued ​free of charge to indigent parties, that is those
paragraph. (n) who have no visible means of income or whose income
is insufficient for their subsistence a fact established by
- Issuance of the marriage license within the
their affidavit, or by their oath before the local civil
prohibited period will result to a irregularity in
registrar.​ (65a)
the requisites
- Free of charge to those special parties to
Art. 17. The local civil registrar shall prepare a notice
encourage them to get married
which shall contain the full names and residences of the
applicants for a marriage license and other data given in - Only minimal amount
the applications. The notice shall be posted for ten
Art. 20​. The license shall be valid in any part of the
consecutive days on a bulletin board outside the office of
Philippines for a period of ​one hundred twenty days
the local civil registrar located in a conspicuous place
from the date of issue​, and shall be deemed
within the building and accessible to the general public.
automatically canceled at the expiration of the said
This notice shall request all persons having knowledge
period if the contracting parties have not made use of it.
of any impediment to the marriage to advise the local
The expiry date shall be stamped in bold characters on
civil registrar thereof. The marriage license shall be
the face of every license issued. (65a)​—Deemed
issued after the completion of the period of publication.
automatically cancelled at its expiration date
(63a)
Art. 21​. When either or both of the contracting parties
- Publication is through bulletin Board
are ​citizens of a foreign country​, it shall be necessary for
- Any license issued without following the 10-day them before a marriage license can be obtained, ​to
period is void and ineffective submit a certificate of legal capacity to contract
marriage, issued by their respective diplomatic or (6) That either or both of the contracting parties have
consular officials. complied with the legal requirement regarding parental
advice in appropriate cases; and
Stateless persons or refugees from other countries shall,
in lieu of the certificate of legal capacity herein required, (7) That the parties have entered into marriage
submit an affidavit stating the circumstances showing settlement, if any, attaching a copy thereof. (67a)
such capacity to contract marriage​. (66a)
- Marriage License is the authority to celebrate the
- Affidavit is not synonymous to ART 21 marriage while Marriage Certificate is the
contract
- For Filipinos, Cert of No Marriage is required
Art. 23. It shall be the duty of the person solemnizing
- Legal capacity to contract marriage is
the marriage 1​​ to furnish either of the contracting parties
determined by the national law of the party
the original of the marriage certificate referred to in
concerned
Article 6 and 2​​ to send the duplicate and triplicate copies
Causes of Statelessness (Paras, J.) of the certificate not later than fifteen days after the
marriage​, to the local civil registrar of the place where
1) Deprived of his citizenship for any cause the marriage was solemnized. Proper receipts shall be
2) Renounced his nationality by certain acts, issued by the local civil registrar to the solemnizing
express or implied officer transmitting copies of the marriage certificate.
3​
The solemnizing officer shall retain in his file the
3) Voluntarily asked for a release from his original quadruplicate copy of the marriage certificate​, the copy
state of the marriage certificate, the original of the marriage
4) Born in a country which recognizes only the license and, in proper cases, the affidavit of the
principle of Jus Sanguinis (Citizenship by blood) contracting party regarding the solemnization of the
of parents whose law recognizes only the marriage in place other than those mentioned in Article
principle of Jus Soli (Citizenship by birth in a 8. (68a)
certain place). Neither citizen of the country Holders of Marriage Certificate
where he is born nor a citizen of the country of
his parents a) Original Copy—Either of the contracting parties

Refugee​—Fled to a foreign country for safety or to b) Duplicate and Triplicate Copy—Local civil
escape from danger or persecution registrar, not later than 15 days after ceremony

- Absence of Certificate only results to an c) Quadruplicate Copy—Solemnizing Officer,

irregularity together with marriage license

Art. 22​. The marriage certificate, in which the parties Art. 24​. It shall be the duty of the ​local civil registrar to
shall declare that they take each other as husband and prepare the documents required by this Title, and to
wife, shall also state: administer oaths to all interested parties without any
charge in both cases. The documents and affidavits filed
(1) The full name, sex and age of each contracting party; in connection with applications for marriage licenses
(2) Their citizenship, religion and habitual residence; shall be exempt from documentary stamp tax. (n)

(3) The date and precise time of the celebration of the Art. 25​. The local civil registrar concerned shall enter ​all
marriage; applications for marriage licenses filed with him in a
registry book strictly in the order in which the same are
(4) That the proper marriage license has been issued received. He shall record in said book the names of the
according to law, except in marriage provided for in applicants, the date on which the marriage license was
Chapter 2 of this Title; issued, and such other data as may be necessary. (n)
(5) That either or both of the contracting parties have Art. 26. ​All marriages solemnized outside the
secured the parental consent in appropriate cases; Philippines, in accordance with the laws 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), 3637 institution. Divorce destroys the sanctity of the
and 38. (17a) family life as well as the solidarity of the family
as a basic autonomous social institution
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and ​a divorce is thereafter - Proving Divorce: Proof must be presented to
validly obtained abroad by the alien spouse capacitating establish the authenticity and due execution of
him or her to remarry, the Filipino spouse shall have the divorce decree
capacity to remarry under Philippine law​. (As amended
MARRIAGES EXEMPTED FROM LICENSE REQ:
by Executive Order 227)
Art. 27. In case either or both of the contracting parties
- ART 26(1)—Refers to venues, while (2) refers
are at the ​point of death, the marriage may be
to the validity of divorce
solemnized without necessity of a marriage license and
- Not all marriages abroad shall be valid shall remain ​valid even if the ailing party subsequently
survives​. (72a)
- Lex Loci Celebrationis—The law of the place
where the marriage was situated will govern - Connect with ART 31&32
- One author believes that if 2 Filipinos marry - In situations involving Articulo Mortis, Any
abroad via Skype, it is acceptable since it Solemnizing officer can perform the fucntion
doesn’t fall into the exceptions mentioned in
Art. 28​. If the residence of either party is ​so located that
ART 26(1)
there is no means of transportation to enable such party
to appear personally before the local civil registrar​, the
marriage may be solemnized without necessity of a
Exceptions from the general rule of validity
marriage license. (72a)
a) Void marriages under ART 35(1)(4)(5) & (6)
- Marriage in Remote places: (15KM+ away) No
● (1) Those contracted by any party below eighteen means of transportation, not geographic; must
years of age even with the consent of parents or execute affidavit
guardians;

● (4) Those bigamous or polygamous marriages not

Art. 29. In the cases provided for in the two preceding
failing under Article 41; articles, ​the solemnizing officer shall state in an affidavit
executed before the local civil registrar or any other
● (5) Those contracted through mistake of one
contracting party as to the identity of the other; person legally authorized to administer oaths that the
and marriage was performed in ​articulo mortis​ o​ r that the
residence of either party, specifying the barrio or
● (6) Those subsequent marriages that are void
under Article 53. barangay, is so located that there is no means of
transportation to enable such party to appear personally
b) Void Marriages due to Psychological Incapacity before the local civil registrar and that the officer took
of either party under ART 36 the necessary steps to ascertain the ages and relationship
c) Incestuous Marriage under ART 37 of the contracting parties and the absence of legal
impediment to the marriage. (72a)
d) Void marriages for the reason of public policy
under ART 38 - Contents: (a) Marriage was performed in
Articulo Mortis; (b) Residence of either party is
- Recognition of Foreign Divorce​: Executive remote, specifying that there is no means of
Order 227, “A Filipino who is validly married to transportation to enable the party to appear
an alien, and the latter has obtained a divorce personally; (c) He took steps to ascertain the age
decree abroad against the former, and and relationship of the parties and absence of
capacitating said alien to remarry, the Filipino legal impediment
spouse is, by operation of law, rendered
capacitated to remarry Art. 30. The original of the affidavit required in the last
preceding article, together with the legible copy of the
- Our constitution is committed to the policy of marriage contract, shall be sent by the person
strengthening the family as a basic social solemnizing the marriage to the local civil registrar of
the municipality where it was performed within the legal impediment to marry each other; (c) Absence of
period of thirty days after the performance of the any legal impediment between the parties must be
marriage. (75a) present at the time of the marriage; (d) Parties executed
an affidavit stating the facts; (e) Solemnizing officer
Art. 31. A marriage in articulo mortis between
shall state under oath that he ascertained the
passengers or crew members may also be solemnized by
qualifications
a ship captain or by an airplane pilot not only while the
ship is at sea or the plane is in flight, but also during - Falsity of Affidavit renders the marriage void
stopovers at ports of call. (74a) because of the absence of marriage license
which is a formal requisite
Art. 32. A military commander of a unit, who is a
commissioned officer, shall likewise have authority to Art. 35. The following marriages shall be void from the
solemnize marriages in articulo mortis between persons beginning:
within the zone of military operation, whether members
(1) Those contracted by any party below eighteen years
of the armed forces or civilians. (74a)
of age even with the consent of parents or guardians;
Art. 33. Marriages among ​Muslims or among members
(2) Those solemnized by any person not legally
of the ethnic cultural communities may be performed
authorized to perform marriages unless such marriages
validly without the necessity of marriage license,
were contracted with either or both parties believing in
provided they are solemnized in accordance with their
good faith that the solemnizing officer had the legal
customs, rites or practices.​ (78a)
authority to do so;
(3) Those solemnized without license, except those
covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing
under Article 41;
(5) Those contracted through mistake of one contracting
Art. 34. ​No license shall be necessary for the marriage
party as to the identity of the other; and
of a man and a woman who have lived together as
husband and wife for ​at least five years and without any (6) Those subsequent marriages that are void under
legal impediment to marry each other​. The contracting Article 53.
parties shall state the foregoing facts in an ​affidavit
Art. 36​. A marriage contracted by any party who, at the
before any person authorized by law to administer oaths​.
time of the celebration, was psychologically
The solemnizing officer shall also state under oath that
incapacitated to comply with the essential marital
he ascertained the qualifications of the contracting
obligations of marriage, shall likewise be void even if
parties are found no legal impediment to the marriage.
such incapacity becomes manifest only after its
(76a)
solemnization. (As amended by Executive Order 227)
- Legal ratification of marital cohabitation
- Psychological Incapacity prevents the subject
- No Marriage license is required for their privacy from complying with the essential marital
and to avoid embarrassment and humiliation on obligations of marriage which is still very
the part of the two who cohabitated general
- Affidavit to be issued: (1) By parties; (2) - Homosexuality, lesbianism, satyriasis,
Solemnizing Officer nymphomania, emotional maturity or
irresponsibility, epilepsy, habitual alcoholism,
- No legal impediment: Legal Union of 5 years
and criminality
before marriage; Exclusivity and Continuity;
Perfect Union; Union would have been valid Characteristics of Psychological Incapacity
except for the fact that they weren’t married
1. Gravity
Requirements: (a) Parties have lived together as
2. Juridical Antecedent
husband and wife for at least 5 consecutive years; (b) No
 3. Incurability 1. Mental- something to do with memory and
imagination of the spouse
- The incapacity must be grave or serious such
that the party cannot carry out the ordinary 2. Affective- sentiments, feelings, passions,
duties required in marriage life; it must be desires, affections and emotions
rooted in the past history of the people
3. Physical- bodily execution or dictates from the
antedating the marriage although the overt
mental and affective levels
manifestation may emerge only after the
marriage, and it must be incurable or even if it Guidelines issued in the application of ART 36
so, the cure is beyond the means of the party
involved. 1. The burden of proof to show the nullity of the
marriage belongs to the plaintiff. Any doubt
Psychological Incapacity Mental Incapacity should be resolved in favor of the existence and
continuation of the marriage and against its
Not necessarily a sickness A sickness
dissolution and nullity
incurable Curable 2. The root cause of the psychological incapacity
Nullity of marriage Annulment of marriage must be: (a) medically or clinically identified,
(b) alleged in the complaint, (c) sufficiently
Not a vice of consent Vice of consent proven by experts and (d) clearly explained in
the decision
Subject knows Subject doesn’t know
obligations but doesn’t obligations 3. The incapacity must be proven to be existing at
fulfill them “the time of the celebration” of the marriage.
Not subject to ratification May be ratified upon 4. Such incapacity must also be shown to be
lucid interval medically or clinically permanent or incurable.
No prescription There is prescription 5. Such illness must be grave enough to bring
period which is at any about the disability of the party to assume the
time before death essential obligations of marriage.
- Three goods of Marriage: Children, fidelity and 6. The essential marital obligations must be those
Permanence embraced by Articles 68 up to 71 of the Family
Code as regards the husband and wife as well as
- Emotional Immaturity: Affects the ability to Articles 220, 221 and 225 of the same Code in
make judgements to control one’s actions, and to regard to parents and their children.
relate to another
7. Interpretations given by the National Appellate
Justification of Nullity of Marriage Matrimonial Tribunal of the Catholic Church in
1. There is a celebration of marriage the Philippines, while not controlling or
decisive, should be given great respect by our
2. There is non-performance of marital obligation courts.
3. The obligations are essential marital obligations 8. The trial court must order the prosecuting
4. The non-performance is due to causes attorney or fiscal and the Solicitor General to
psychological in nature and the same is chronic appear as counsel for the state.

5. The cause(s) is present during the celebration of

the marriage but may not manifest Essential Elements of Psychological Incapacity
6. The cause(s) resulting in incapacity surface after - Mental Condition, but not insanity
the marriage celebration
- Applies to persons who is martially contracted
Levels of Psychological Incapacity with another
 - Not a forced or fraudulent marriage (7) Between an adopted child and a legitimate child of
the adopter;
- There is a failure to perform or comply with the
essential obligations in marriage
(8) Between adopted children of the same adopter; and
- The failure to perform is chronic, constant or
perpetual with respect to the present partner (9) Between parties where one, with the intention to
marry the other, killed that other person’s spouse, or his
- Cause is psychological in nature or her own spouse. (82)
- Cause is serious, with juridical antecedent,
although its manifestation may emerge only 1) As established by scientific researches and by
during the marriage experience, marriages usually result in
degenerate children with organic defects like
Psychological Incapacity Physical Incapacity weak or retarded minds, to the extend that it
would weaken the race
Spouse’s lack of Sexual impotence or
2) To allow this kind of marriage step-fathers will
willingness to perform physical incapability
find no strong deterrent to prevent them from
Nullity Annulment nourishing unholy thoughts towards their
step-daughters
Action in this ground Action on this ground 3) Civilized people all over the world abhor even
does not prescribe prescribes 5 years after the thought of seeing a marriage between these
marriage parties
Both are incurable; Not vices of consent; Cannot be 4) The adopting parent is practically the parent of
ratified by cohabitation the child
5) Practically parent and child
Art. 37. Marriages between the following are incestuous 6) Akin to marriage of step-parent and step-child
and void from the beginning, whether relationship 7) Practically brother and sister
between the parties be legitimate or illegitimate: 8) Practically brother and sister
9) To allow such a marriage is to encourage spouse
(1) Between ascendants and descendants of any degree;
elimination by scheming parties; There is a need
and
to await judgement, since the intent to marry is
(2) Between brothers and sisters, whether of the full or subject to proof
half blood. (8 1a)
Art. 39​. The action or defense for the declaration of
Art. 38​. The following marriages shall be void from the absolute nullity of a marriage shall not prescribe. (As
beginning for reasons of public policy: amended by Executive Order 227 and Republic Act No.
8533; The phrase ​“However, in case of marriage
(1) Between collateral blood relatives whether legitimate celebrated before the effectivity of this Code and falling
or illegitimate, up to the fourth civil degree; under Article 36, such action or defense shall prescribe
in ten years after this Code shall taken effect” ​has been
(2) Between step-parents and step-children; deleted by Republic Act No. 8533 [Approved February
23, 1998]).
(3) Between parents-in-law and children-in-law;
- Prescription: A cause of action, if not filed
(4) Between the adopting parent and the adopted child; within the period fixed by law, will no longer be
entertained by a court at some future time
(5) Between the surviving spouse of the adopting parent - Imprescriptibility: Action or defense can be
and the adopted child; raised at anytime without regard to period
- A void marriage can be assailed by any proper
(6) Between the surviving spouse of the adopted child interested party while a voidable marriage can
and the adopter;
 only be assailed by the parties mentioned in summary proceeding; Affidavits will suffice with
ART 47 possible clariflactory examination of affiants

Requisites of Remarriage Under ART 41:

Art. 40​. The absolute nullity of a previous marriage may 1. Absent spouse must have been missing for at
be invoked for purposes of remarriage on the basis solely least four consecutive years or at least 2 years if
of a final judgment declaring such previous marriage due to any circumstances in ART 391
void. (n) 2. Present spouse has well-founded belief that the
absent spouse was already dead
- A previously married party, who is contracting a 3. Institution of an action for declaration of the
subsequent marriage on the basis that the presumptive death of the absentee’
previous marriage is void, may only do so 4. Favorable judgement
legally if there is already a final judgement
declaring such previous marriage void Art. 42. The subsequent marriage referred to in the
- Exception: If both first and second marriage preceding Article shall be automatically terminated by
were celebrated before Weigel and Sempio-Diy the recording of the affidavit of reappearance of the
case, and the 1988 Family Code, there is no need absent spouse, unless there is a judgment annulling the
to secure the declaration of nullity previous marriage or declaring it void ​ab initio.​
- The Commissioner of Immigration can
determine the validity of marriage in the A sworn statement of the fact and circumstances of
exercise of his jurisdiction to deport aliens, reappearance shall be recorded in the civil registry of the
when such marriage is claimed as a ground for residence of the parties to the subsequent marriage at the
non-citizenship instance of any interested person, with due notice to the
- When a marriage is void for any reason, the spouses of the subsequent marriage and without
parties will divide the properties acquired during prejudice to the fact of reappearance being judicially
their coverture in accordance with ART 147 & determined in case such fact is disputed. (n)
148
- The subsequent marriage in the immediately
Art. 41​. A marriage contracted by any person during preceding article is automatically terminated
subsistence of a previous marriage shall be null and without any need of judicial pronouncement
void, unless before the celebration of the subsequent upon the recording of the affidavit of
marriage, the prior spouse had been absent for four reappearance of said absent spouse and not upon
consecutive years and the spouse present has a the reappearance of the absent spouse
well-founded belief that the absent spouse was already - By fiction of law, he or she must still be
dead. In case of disappearance where there is danger of regarded as legally an absentee until the
death under the circumstances set forth in the provisions subsequent marriage is terminated as provided
of Article 391 of the Civil Code, an absence of only two by law
years shall be sufficient.
Art. 43. The termination of the subsequent marriage
For the purpose of contracting the subsequent marriage referred to in the preceding Article shall produce the
under the preceding paragraph the spouse present must following effects:
institute a summary proceeding as provided in this Code
for the declaration of presumptive death of the absentee, (1) The children of the subsequent marriage conceived
without prejudice to the effect of reappearance of the prior to its termination shall be considered legitimate;
absent spouse. (83a)
(2) The absolute community of property or the conjugal
Voidable Bigamous Marriage—Judicial declaration of partnership, as the case may be, shall be dissolved and
presumptive death is now authorized for purposes of liquidated, but if either spouse contracted said marriage
remarriage, where the present spouse must institute a in bad faith, his or her share of the net profits of the
community property or conjugal partnership property
shall be forfeited in favor of the common children or, if (5) That either party was physically incapable of
there are none, the children of the guilty spouse by a consummating the marriage with the other, and such
previous marriage or in default of children, the innocent incapacity continues and appears to be incurable; or
spouse;
(6) That either party was afflicted with a
(3) Donations by reason of marriage shall remain valid, sexually-transmissible disease found to be serious and
except that if the done contracted the marriage in bad appears to be incurable. (85a)
faith, such donations made to said donee are revoked by
operation of law;

(4) The innocent spouse may revoke the designation of - The causes must exist at the time of the
the other spouse who acted in bad faith as beneficiary in celebration of the marriage
any insurance policy, even if such designation be
stipulated as irrevocable; and Causes for Annulment:

(5) The spouse who contracted the subsequent marriage 1. Lack of Parental Consent
in bad faith shall be disqualified to inherit from the 2. Unsoundness of Mind
innocent spouse by testate and intestate succession. (n)
Insanity- A manifestation of a disease or defect of the
Art. 44​. If both spouses of the subsequent marriage brain, or a more or less permanently diseased or
acted in bad faith, said marriage shall be void ​ab disordered condition of the mentality, functional or
initio​ and all donations by reason of marriage and organic
testamentary dispositions made by one in favor of the
other are revoked by operation of law. (n) Test of Unsoundness of Mind- The test is whether the
party was capable of understanding the nature of the
Art. 45. A marriage may be annulled for any of the consequences of the marriage at the time of the
following causes, existing at the time of the marriage: celebration; ​There is a general presumption of soundness
of mind, he who alleges unsoundness of mind has the
(1) That the party in whose behalf it is sought to have the burden of proof
marriage annulled was eighteen years of age or over but
below twenty-one, and the marriage was solemnized 3. Consent obtained through fraud
without the consent of the parents, guardian or person
having substitute parental authority over the party, in (1) Non-disclosure of a previous conviction by final
that order, unless after attaining the age of twenty-one, judgment of the other party of a crime involving moral
such party freely cohabited with the other and both lived turpitude;
together as husband and wife;
(2) Concealment by the wife of the fact that at the time
(2) That either party was of unsound mind, unless such of marriage, she was pregnant by a man other than her
party after coming to reason, freely cohabited with the husband;
other as husband and wife;
(3) Concealment of sexually transmissible disease,
(3) That the consent of either party was obtained by regardless of its nature, existing at the time of the
fraud, unless such party afterwards, with full knowledge marriage; or
of the facts constituting the fraud, freely cohabited with
the other as husband and wife; (4) Concealment of drug addiction, habitual alcoholism
or homosexuality or lesbianism existing at the time of
(4) That the consent of either party was obtained by the marriage.
force, intimidation or undue influence, unless the same
having disappeared or ceased, such party thereafter 4. Consent obtained by force, intimidation or
freely cohabited with the other as husband and wife; undue influence
Force- Physical power exerted is serious or irresistible (4) Concealment of drug addiction, habitual alcoholism
or homosexuality or lesbianism existing at the time of
Intimidation- When one of the contracting parties is the marriage.
compelled by a reasonable and well-grounded belief of
an imminent and grave evil upon his person or property No other misrepresentation or deceit as to character,
health, rank, fortune or chastity shall constitute such
Undue Influence- When a person takes improper fraud as will give grounds for action for the annulment
advantage of his power over the will of another, of marriage. (86a)
depriving the latter of a reasonable freedom of choice

5. Physical Incapability of Consummating the

Marriage 1. Non-disclosure—Crime involves moral
turpitude and Judgement of conviction is final
Impotency- Inability of the male or female organ of 2. Concealment of Pregnancy—A husband has the
copulation to perform its proper function right to require that his wife shall not bear to his
bed aliens to his blood and lineage; Exception:
Kinds of Impotency: Unless the woman is obviously pregnant at the
time of the marriage; Applies only to women
a) Absolute or Incurable- Continuous and incurable 3. Concealment of STD—If the women knew of
and there is no known relief and it principally the disease at the time of the marriage,
originates in some malformation or defect of the annulment of the marriage will not prosper then,
genital organs there is no concealment
b) Temporary or curable 4. Concealment of Drug addiction, alcoholism, or
homosexuality
Potency is presumed unless the person is too old or when - Drug Addiction- compulsive physiological need
the woman is still a virgin after marriage for more than for habit-forming drugs
three years; He who claims impotency has the burden of - Alcoholism- continued, excessive or compulsive
proof use of alcoholic drink
- Homosexuality- a person is sexually attracted to
6. Affliction with a Sexually Transmissible Disease the same-sex

Grounds for Annulment: (a) existing at the time of the Art. 47​. The action for annulment of marriage must be
marriage; (b) it is a STD; (c) It is serious; (d) it appears filed by the following persons and within the periods
incurable indicated herein:

Art. 46. Any of the following circumstances shall (1) For causes mentioned in number 1 of Article 45 by
constitute fraud referred to in Number 3 of the preceding the party whose parent or guardian did not give his or
Article: her consent, within five years after attaining the age of
twenty-one, or by the parent or guardian or person
(1) Non-disclosure of a previous conviction by final having legal charge of the minor, at any time before such
judgment of the other party of a crime involving moral party has reached the age of twenty-one;
turpitude;
(2) For causes mentioned in number 2 of Article 45, by
(2) Concealment by the wife of the fact that at the time the same spouse, who had no knowledge of the other’s
of the marriage, she was pregnant by a man other than insanity; or by any relative or guardian or person having
her husband; legal charge of the insane, at any time before the death
of either party, or by the insane spouse during a lucid
(3) Concealment of sexually transmissible disease, interval or after regaining sanity;
regardless of its nature, existing at the time of the
marriage; or
(3) For causes mentioned in number 3 of Article 45, by behalf of the State to take steps to prevent collusion
the injured party, within five years after the discovery of between the parties and to take care that evidence is not
the fraud; fabricated or suppressed.

(4) For causes mentioned in number 4 of Article 45, by In the cases referred to in the preceding paragraph, no
the injured party, within five years from the time the judgment shall be based upon a stipulation of facts or
force, intimidation or undue influence disappeared or confession of judgment. (88a)
ceased;
Art. 49. During the pendency of the action and in the
(5) For causes mentioned in number 5 and 6 of Article absence of adequate provisions in a written agreement
45, by the injured party, within five years after the between the spouses, the Court shall provide for the
marriage. (87a) support of the spouses and the custody and support of
their common children. The Court shall give paramount
consideration to the moral and material welfare of said
children and their choice of the parent with whom they
Causes for Persons to file action When action is to wish to remain as provided to in Title IX. It shall also
Annulment be filed provide for appropriate visitation rights of the other
Lack of -Party without parental -Within 5 years parent. (n)
Parental consent after attaining the
Consent age of 21
- A child over 7 years can choose the parent
-Parent or guardian of he/she wants to remain with, unless the parent
said party -Before the party
chosen is unfit
reaches the age of
21
Unsoundness -By sane spouse who -Anytime before Art. 50. ​The effects provided for by paragraphs (2), (3),
of Mind has no knowledge of the death of either (4) and (5) of Article 43 and by Article 44 shall also
the other’s insanity party apply in the proper cases to marriages which are
declared ab initio or annulled by final judgment under
-Guardian/Parent -same Articles 40 and 45.
having legal charge of
the insane -During lucid The final judgment in such cases shall provide for the
interval or after liquidation, partition and distribution of the properties of
-By insane person regaining sanity the spouses, the custody and support of the common
Fraud By injured party Within 5 years children, and the delivery of third presumptive legitimes,
upon discovery of
unless such matters had been adjudicated in previous
the fraud
Vitiated By injured party Within 5 years
judicial proceedings.
Consent from the time the
force, All creditors of the spouses as well as of the absolute
intimidation or community or the conjugal partnership shall be notified
undue influence of the proceedings for liquidation.
disappeared or
ceased In the partition, the conjugal dwelling and the lot on
Continuing By injured party Within 5 years which it is situated, shall be adjudicated in accordance
incurable after the
with the provisions of Articles 102 and 129.
physical celebration of the
incapacity marriage
Serious and By injured party Within 5 years Effects of Declaration of Nullity or Annulment:
Incurable after the
STD celebration of the - ART 45 provides 5 effects of termination of
marriage subsequent marriage under ART 42
Art. 48. In all cases of annulment or declaration of 1. (Not Applicable)
absolute nullity of marriage, the Court shall order the 2. Dissolution of absolute community property or
prosecuting attorney or fiscal assigned to it to appear on conjugal partnership, as the case may be;
 forfeiture of the share of the spouse in bad faith not be prejudicated, still have rights or
in the net profits thereof properties to inherit from their deceased partners
3. Ante-nuptial donations are valid except if donee
acted in bad faith in which case, donations are Art. 52. The judgment of annulment or of absolute
revoked by operation of law nullity of the marriage, the partition and distribution of
4. If the spouse in bad faith, is designated the properties of the spouses and the delivery of the
beneficiary in any insurance policy, the innocent children’s presumptive legitimes shall be recorded in the
spouse can revoke the designation, even if appropriate civil registry and registries of property;
stipulated to be irrevocable otherwise, the same shall not affect third persons. (n)
5. Spouse who contracted second marriage in bad
faith shall be disqualified to inherit from the Art. 53. Either of the former spouses may marry again
innocent party after compliance with the requirements of the
- Provisions in the Final Judgement: (a) immediately preceding Article; otherwise, the
Liquidation, (b) partition, (c) distribution of subsequent marriage shall be null and void.
properties of the spouses, (d) custody and
support of common children, (e) delivery of Art. 54. Children conceived or born before the judgment
presumptive legitimes except if matters have of annulment or absolute nullity of the marriage under
already been adjudicated in previous Article 36 has become final and executory shall be
proceedings considered legitimate. Children conceived or born of the
- Liquidation, in case of death of one spouse: The subsequent marriage under Article 53 shall likewise be
decree of legal separation and its effects do not legitimate.
become moot and academic. The community
shall be dissolved and liquidated in the same TITLE II: LEGAL SEPARATION
proceedings, but the properties due to the
deceased spouse shall be disposed of pursuant to Divorce-​Dissolution or parental suspension, by law, of
the rules of succession the marriage relation

Art. 51. In said partition, the value of the presumptive a) Absolute Divorce (​divortio a vinvulo
legitimes of all common children, computed as of the matrimonii)
date of the final judgment of the trial court, shall be b) Relative Divorce (​divortio a mensa et thoro)​-
delivered in cash, property or sound securities, unless the Doesn’t end marriage but merely permits
parties, by mutual agreement judicially approved, had separation from bed and board leaving the
already provided for such matters. marriage bond in full force

The children or their guardian or the trustee of their Art. 55​. A petition for legal separation may be filed on
property may ask for the enforcement of the judgment. any of the following grounds:

The delivery of the presumptive legitimes herein (1) Repeated physical violence or grossly abusive
prescribed shall in no way prejudice the ultimate conduct directed against the petitioner, a common child,
successional rights of the children accruing upon the or a child of the petitioner;
death of either of both of the parents; but the value of the
properties already received under the decree of (2) Physical violence or moral pressure to compel the
annulment or absolute nullity shall be considered as petitioner to change religious or political affiliation;
advances on their legitime. (n)
(3) Attempt of respondent to corrupt or induce the
- Legitimes shall be delivered in (a) cash, (b) petitioner, a common child, or a child of the petitioner,
property, (c) sound securities to engage in prostitution, or connivance in such
- Legitimes shall be considered as advances, if corruption or inducement;
upon the death of either or both parents, the
children whose ultimate successional rights shall
(4) Final judgment sentencing the respondent to Art. 56. The petition for legal separation shall be denied
imprisonment of more than six years, even if pardoned; on any of the following grounds:

(5) Drug addiction or habitual alcoholism of the (1) Where the aggrieved party has condoned the offense
respondent; or act complained of;

(6) Lesbianism or homosexuality of the respondent; (2) Where the aggrieved party has consented to the
commission of the offense or act complained of;
(7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or (3) Where there is connivance between the parties in the
abroad; commission of the offense or act constituting the ground
for legal separation;
(8) Sexual infidelity or perversion;
(4) Where both parties have given ground for legal
(9) Attempt by the respondent against the life of the separation;
petitioner; or
(5) Where there is collusion between the parties to obtain
(10) Abandonment of petitioner by respondent without decree of legal separation; or
justifiable cause for more than one year.
(6) Where the action is barred by prescription. (100a)
For purposes of this Article, the term ​“child”​ shall
include a child by nature or by adoption. (9a) In ​pari delicto or the petitioner may have committed or
omitted an act which had extinguished or erased the
- Adultery- on the part of the wife; Concubinage- cause of action, in this case defendant may put up any
on the part of the husband applicable defense:

Concubinage: a) Condonation- ​Forgiveness, express (in writing

or in words) or implied (deduced from conduct
1. Keeping a mistress in the conjugal dwelling of the offended), after the commission of the
2. Having sexual intercourse under scandalous offense or act complained of and not before;
circumstances There is implied condonation if the offended
3. Cohabiting with her in any other place spouse, having full knowledge and awareness of
the offense, freely cohabitated with the offender
Adultery​- Having sexual intercourse with a man who is b) Consent​-Acquiescence or permission or
not her husband willingness to agree to the commission of the act
complained of; Entrapment is not consent
Prima Facie​ Presumption of Abandonment: c) Connivance​-The tactic permission to the
commission of the act complained of, or to be in
1. When the spouse has left the conjugal dwelling secret understanding with the offending spouse
for a period of no less than three month for the commission of the act; To avoid
2. When within the same period he failed to give connivance, there must be no active participation
any information as to his or her whereabouts on the part of the spouse for the downfall of the
- Period of Abandonment: More than one year other
which must be unjustified d) Mutual Guilt or Recrimination​- If both parties
are in Pari Delicto, neither can come to court
De Facto Separation- Spouses are just living separately and seek for legal separation
irrespective of the period but the absent spouse has no e) Collusion​-An arrangement between the spouses
clear intention of deserting the conjugal to obtain a decree of legal separation by secret
maneuvers or pretensions of having committed
acts which are grounds for legal separation, and
 deliberately utilized as basis for their legal Effects:
separation
f) Prescription- ​Extinction or loss of the right to 1. Spouses shall be entitled to live separately from
file an action for failure to file the same within each other
the period fixed by law 2. The right to consortium ceases
3. The wife is sueable alone without need of
Art. 57. An action for legal separation shall be filed impleading the husband
within five years from the time of the occurrence of the 4. when the consent of one spouse is needed in one
cause. (102) transaction, judicial authorization is necessary
5. The administration of the absolute community of
Art. 58. An action for legal separation shall in no case property or conjugal partnership may be agreed
be tried before six months shall have elapsed since the upon in writing between the parties
filing of the petition. (103)
Art. 62. During the pendency of the action for legal
- Cooling-Off period to make a possible separation, the provisions of Article 49 shall likewise
reconciliation apply to the support of the spouses and the custody and
- Imposed to give them the opportunity for support of the common children. (105a)
dispassionate reflection
Custody; The court shall give consideration to the (a)
Art. 59. No legal separation may be decreed unless the moral and material welfare of the children, (b) the
Court has taken steps toward the reconciliation of the latter’s choice of parent with whom they wish to remain
spouses and is fully satisfied, despite such efforts, that
reconciliation is highly improbable. (n) Art. 63​. The decree of legal separation shall have the
following effects:
- The law directs the court to take steps towards
the reconciliation of the spouses. The court is (1) The spouses shall be entitled to live separately from
prohibited from issuing a decree of legal each other, but the marriage bonds shall not be severed;
separation, unless it is fully satisfied that despite
such efforts, reconciliation is highly improbable (2) The absolute community or the conjugal partnership
shall be dissolved and liquidated but the offending
Art. 60. ​No decree of legal separation shall be based spouse shall have no right to any share of the net profits
upon a stipulation of facts or a confession of judgment. earned by the absolute community or the conjugal
partnership, which shall be forfeited in accordance with
In any case, the Court shall order the prosecuting the provisions of Article 43(2);
attorney or fiscal assigned to it to take steps to prevent
collusion between the parties and to take care that the (3) The custody of the minor children shall be awarded
evidence is not fabricated or suppressed. (101a) to the innocent spouse, subject to the provisions of
Article 213 of this Code; and
Art. 61. After the filing of the petition for legal
separation, the spouses shall be entitled to live separately (4) The offending spouse shall be disqualified from
from each other. inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the
The court, in the absence of a written agreement between offending spouse made in the will of the innocent spouse
the spouses, shall designate either of them or a third shall be revoked by operation of law. (106a)
person to administer the absolute community or conjugal
partnership property. The administrator appointed by the
court shall have the same powers and duties as those of a
guardian under the Rules of Court. (104a) Effects of Decree of Legal Separation:

1. Separate living of spouses with the marriage

bond remaining intact
 2. The absolute community property or conjugal Art. 65. If the spouses should reconcile, a corresponding
partnership shall be dissolved and liquidated joint manifestation under oath duly signed by them shall
3. Offending spouse’s share of net profits earned be filed with the court in the same proceeding for legal
therefrom shall be forfeited in favor of the separation. (n)
common children, or if there are none, in favor
of the children of the guilty spouse by a previous Reconciliation​- Mutual agreement of the spouses to
marriage, or in default of children, the innocent resume their marital relationship thus putting an end to
spouse their marital differences. It is nothing more than the
4. The custody of the minor children shall be resumption of their marital relationship as if nothing
awarded to the innocent spouse, subject to the unpleasant had happened between them
provisions of ART 213
5. The offending spouse shall be disqualified from Art. 66. The reconciliation referred to in the preceding
inheriting from the innocent spouse, whether by Articles shall have the following consequences:
intestate or testate succession; If will is executed
before decree, provisions in favor of offending (1) The legal separation proceedings, if still pending,
spouse will be inoperative; If will is executed shall thereby be terminated at whatever stage; and
after decree, it will be void unless there is
reconciliation (2) The final decree of legal separation shall be set aside,
but the separation of property and any forfeiture of the
Art. 64. After the finality of the decree of legal share of the guilty spouse already effected shall subsist,
separation, the innocent spouse may revoke the unless the spouses agree to revive their former property
donations made by him or by her in favor of the regime.
offending spouse, as well as the designation of the latter
as beneficiary in any insurance policy, even if such The court’s order containing the foregoing shall be
designation be stipulated as irrevocable. The revocation recorded in the proper civil registries. (108a)
of the donations shall be recorded in the registries of
property in the places where the properties are located. Consequences of Reconciliation when effected-​ If there
Alienations, liens and encumbrances registered in good is already a decree of legal separation, the decree shall
faith before the recording of the complaint for revocation be set aside, which shall be effective only upon the
in the registries of property shall be respected. The issuance of the court order
revocation of or change in the designation of the
insurance beneficiary shall take effect upon written Exception: In case there had been already separation of
notification thereof to the insured. property and forfeiture of the share of the guilty spouse,
the same shall be maintained unless the spouses agree to
The action to revoke the donation under this Article must revive their former property regime
be brought within five years from the time the decree of
legal separation become final. (107a) - Reconciliation cannot invalidate actions made
by either spouse without the consent or
Other Effects of Legal Separation: intervention of the other

1. Innocent spouse may revoke the donations made Art. 67. The agreement to revive the former property
in favor of the offending spouse whatever be the regime referred to in the preceding Article shall be
nature and kind of the donation executed under oath and shall specify:
2. Innocent spouse may revoke the designation of
the offending party as beneficiary in any (1) The properties to be contributed anew to the restored
insurance policy, even if such designation is regime;
stipulated to be irrevocable
(2) Those to be retained as separated properties of each
Lis Pendens necessary to protect innocent spouse- will spouse; and
warn third persons of the pendency of this case
(3) The names of all their known creditors, their Sexual Intimacies​- Spouses are entitled to sexual access
addresses and the amounts owing to each. to each other. But the demand for this right is not
without limitation
The agreement of revival and the motion for its approval
shall be filed with the court in the same proceeding for Mutual Love-​ The law now obliges spouses to love each
legal separation, with copies of both furnished to the other, to have devoted affection for one another
creditors named therein. After due hearing, the court
shall, in its order, take measure to protect the interest of Mutual Respect​- Spouses must regard each other with
creditors and such order shall be recorded in the proper esteem, courtesy and kindness; Must recognize each
registries of properties. other’s rights and deference and understanding

The recording of the ordering in the registries of Mutual Fidelity-​ To be faithful with each other till death
property shall not prejudice any creditor not listed or not does divide them; “The loyalty which each should
notified, unless the debtor-spouse has sufficient separate observe towards the other, the wife having nothing to do
properties to satisfy the creditor’s claim. (195a, 108a) with another man, nor the husband with another woman.

Requisites: Art. 69. The husband and wife shall fix the family
domicile. In case of disagreement, the court shall decide.
- Agreement of revival shall be filed in court for
approval in the same proceeding for legal The court may exempt one spouse from living with the
separation. It must specify: (a) Properties to be other if the latter should live abroad or there are other
contributed anew to the restored regime, (b) valid and compelling reasons for the exemption.
Properties to remain as separate properties of However, such exemption shall not apply if the same is
each spouse, (c) name and addresses of all not compatible with the solidarity of the family. (110a)
known creditors and the amounts owing to each
- There can be no reconciliation without Right to Fix Domicile-​ In case of disagreement, either of
resumption of cohabitation and marital them may bring the matter to court which then shall
relationship decide the controversy on domicile

TITLE III: RIGHTS AND OBLIGATIONS Art. 70. The spouses are jointly responsible for the
BETWEEN HUSBAND AND WIFE support of the family. The expenses for such support and
other conjugal obligations shall be paid from the
Art. 68. The husband and wife are obliged to live community property and, in the absence thereof, from
together, observe mutual love, respect and fidelity, and the income or fruits of their separate properties. In case
render mutual help and support. (109a) of insufficiency or absence of said income or fruits, such
obligations shall be satisfied from the separate
Spouses are under obligation​: (a) to live together under properties. (111a)
one roof and not to live separately, unless there are valid
reasons therefor, (b) to love, respect and to remain loyal Support of Family-​ a joint obligation of spouses in
to each other, (c) to provide help and support to each answer to the women’s clamor for equality
other
Sources of Payment​- (a) community property of conjugal
Personal Right of Cohabitation​- Covers domestic and property, (b) if none, from the income or fruits of the
sexual community of spouses; Temporary separation of spouses’ separate properties, (c) if none or insufficient,
spouses due to certain circumstances does not affect the from their separate properties
“living togetherness” if there is no intent to sever their
marital relationship; Cohabitation cannot be imposed by Rule in Absolute Separation of Property​- Both spouses
law; Only sanction available is if husband refuse to shall bear the family expenses in proportion to their
support wife income, or the current value of their separate properties
Liability for support of Spouses, Common Children, In case of disagreement, the court shall decide whether
Legitimate children of either against whom chargeable:​ or not:

1) Absolute Community of Property- liability for (1) The objection is proper; and
support is chargeable against community
property, if insufficient, the spouses shall be (2) Benefit has occurred to the family prior to the
solidarily liable for the unpaid balance with their objection or thereafter. If the benefit accrued prior to the
separate properties objection, the resulting obligation shall be enforced
2) Conjugal Partnership- It is the conjugal property against the separate property of the spouse who has not
which is liable, if insufficient, spouses shall be obtained consent.
solidarily liable for the unpaid balance with their
separate properties The foregoing provisions shall not prejudice the rights of
3) Absolute Separation of Property- No express creditors who acted in good faith. (117a)
provision for the support of the aforementioned.
However, the obligation of mutual support - If before the objection the family has benefited
subsists. Both spouses shall proportionately bear thereby, it is only fair that the absolute
family expenses community or conjugal partnership shall be
made liable
Support for Illegitimate Children​- (a) Separate property - If absolute separation of property, they shall be
of their parents, (b) if none or insufficient, the absolute jointly liable for the obligations incurred
community or the conjugal partnership, if financially
capable; Advances shall be deducted from the share of TITLE IV: PROPERTY RELATION BETWEEN
the obliged spouse in the absolute community or HUSBAND AND WIFE
conjugal partnership
Art. 74. ​The property relationship between husband and
Art. 71. The management of the household shall be the wife shall be governed in the following order:
right and the duty of both spouses. The expenses for
such management shall be paid in accordance with the (1) By marriage settlements executed before the
provisions of Article 70. (115a) marriage;

- Both spouses are called upon to jointly manage (2) By the provisions of this Code; and
the household. It is both a right and a duty.
- The expenses for the household management (3) By the local custom. (118)
shall be pain in accordance with the provision of
ART 70 - Property Relations shall be governed by their
- Expenses made not for family consumption shall marriage settlement, if none, the family code,
not bind the community property, nor the then local customs
separate property
Marriage Settlement (Ante-nuptial agreement)-​ A
Art. 72. When one of the spouses neglects his or her contract entered into by parties about to be married for
duties to the conjugal union or commits acts which tend the purpose of fixing the terms and conditions of their
to bring danger, dishonor or injury to the other or to the property relations with regard to their present and future
family, the aggrieved party may apply to the court for property.
relief. (116a)
Art. 75. The future spouses may, in the marriage
Art. 73. Either spouse may exercise any legitimate settlements, agree upon the regime of absolute
profession, occupation, business or activity without the community, conjugal partnership of gains, complete
consent of the other. The latter may object only on valid, separation of property, or any other regime. In the
serious, and moral grounds. absence of a marriage settlement, or when the regime
agreed upon is void, the system of absolute community
of property as established in this Code shall govern. registered in the local civil registry where the marriage
(119a) contract is recorded as well as in the proper registries of
properties. (122a)
- If they failed to agree before their marriage or if
marriage settlement is void, the system of Requisites for Enforceability of Marriage Settlement
Absolute Community shall automatically govern
1) In writing
Kinds of Property Regimes 2) singed by the parties
3) executed before the celebration of the marriage
1) Absolute Community- There is a merger of all - It cannot prejudice third persons unless it is duly
the properties of the husband and wife owned by registered with local civil registry
them at the time of the celebration of the
marriage or those acquired after. It shall be Additional signatories on the Marriage Settlements:
administered jointly and to be divided equally
after dissolution, unless a different portion is a) When the prospective spouse is between 18 and
agreed upon. Except: (1) Property acquired below 21 yrs, persons who are called upon to
during the marriage by gratuitous title; (2) give parental consent to the marriage must be
Property for exclusive and person use by the made to parties to the settlement and must sign
spouse; (3) Property acquired before the the same
marriage who has legitimate descendants by a b) When a prospective spouse has been convicted
former marriage. of a crime, and the penalty carries the accessory
2) Relative Community Property or Conjugal penalty of civil interdiction, a guardian
Partnership of Gains- Spouses retain the appointed by a competent court must be made a
ownership of property. They place in a common party and thereof must sign
fund the proceeds, products, fruits and income c) when a prospective spouse suffers from any
from their separate properties. Upon dissolution, other disability
the net gains or benefits shall be divided equally
between them unless otherwise agreed. Art. 78. A minor who according to law may contract
3) Complete Separation of Property- the separate marriage may also execute his or her marriage
personalities of the spouses are maintained and settlements, but they shall be valid only if the persons
whatever property to the marriage they may designated in Article 14 to give consent to the marriage
bring, shall belong separately to each other are made parties to the agreement, subject to the
4) Mixed provisions of Title IX of this Code. (120a)

Art. 76. In order that any modification in the marriage Art. 79. For the validity of any marriage settlement
settlements may be valid, it must be made before the executed by a person upon whom a sentence of civil
celebration of the marriage, subject to the provisions of interdiction has been pronounced or who is subject to
Articles 66, 67, 128, 135 and 136. (121) any other disability, it shall be indispensable for the
guardian appointed by a competent court to be made a
- Any modification to be valid, must be made party thereto. (123a)
before the celebration of the marriage
- Exception: ART 66 (Reconciliation in legal Art. 80. In the absence of a contrary stipulation in a
separation), ART 67 (Revival of former property marriage settlement, the property relations of the spouses
regime, ART 128 (Abandonment), ART 135 shall be governed by Philippine laws, regardless of the
(Judicial separation of property), ART 136 place of the celebration of the marriage and their
(Judicial separation jointly initiated by spouses residence.

Art. 77. ​The marriage settlements and any modification This rule shall not apply:
thereof shall be in writing, signed by the parties and
executed before the celebration of the marriage. They (1) Where both spouses are aliens;
shall not prejudice third persons unless they are
(2) With respect to the extrinsic validity of contracts (1) If the marriage is not celebrated or judicially declared
affecting property not situated in the Philippines and void ab initio except donations made in the marriage
executed in the country where the property is located; settlements, which shall be governed by Article 81;
and
(2) When the marriage takes place without the consent of
(3) With respect to the extrinsic validity of contracts the parents or guardian, as required by law;
entered into in the Philippines but affecting property
situated in a foreign country whose laws require (3) When the marriage is annulled, and the donee acted
different formalities for its extrinsic validity. (124a) in bad faith;

Art. 81. Everything stipulated in the settlements or (4) Upon legal separation, the donee being the guilty
contracts referred to in the preceding articles in spouse;
consideration of a future marriage, including donations
between the prospective spouses made therein, shall be (5) If it is with a resolutory condition and the condition
rendered void if the marriage does not take place. is complied with;
However, stipulations that do not depend upon the
celebration of the marriages shall be valid. (125a) (6) When the donee has committed an act of ingratitude
as specified by the provisions of the Civil Code on
Art. 82. Donations by reason of marriage are those donations in general. (132a)
which are made before its celebration, in consideration
of the same, and in favor of one or both of the future Art. 87. Every donation or grant of gratuitous advantage,
spouses. (126) direct or indirect, between the spouses during the
marriage shall be void, except moderate gifts which the
Art. 83. These donations are governed by the rules on spouses may give each other on the occasion of any
ordinary donations established in Title III of Book III of family rejoicing. The prohibition shall also apply to
the Civil Code, insofar as they are not modified by the persons living together as husband and wife without a
following articles. (127a) valid marriage. (133a)

Art. 84. If the future spouses agree upon a regime other Art. 88. The absolute community of property between
than the absolute community of property, they cannot spouses shall commence at the precise moment that the
donate to each other in their marriage settlements more marriage is celebrated. Any stipulation, express or
than one-fifth of their present property. Any excess shall implied, for the commencement of the community
be considered void. regime at any other time shall be void. (145a)

Donations of future property shall be governed by the Art. 89. No waiver of rights, shares and effects of the
provisions on testamentary succession and the absolute community of property during the marriage can
formalities of wills. (130a) be made except in case of judicial separation of property.

Art. 85. Donations by reason of marriage of property When the waiver takes place upon a judicial separation
subject to encumbrances shall be valid. In case of of property, or after the marriage has been dissolved or
foreclosure of the encumbrance and the property is sold annulled, the same shall appear in a public instrument
for less than the total amount of the obligation secured, and shall be recorded as provided in Article 77. The
the donee shall not be liable for the deficiency. If the creditors of the spouse who made such waiver may
property is sold for more than the total amount of said petition the court to rescind the waiver to the extent of
obligation, the donee shall be entitled to the excess. the amount sufficient to cover the amount of their
(131a) credits. (146a)

Art. 86. A donation by reason of marriage may be Art. 90. The provisions on co-ownership shall apply to
revoked by the donor in the following cases: the absolute community of property between the spouses
in all matters not provided for in this Chapter. (n)
Art. 91. Unless otherwise provided in this Chapter or in (5) All taxes and expenses for mere preservation made
the marriage settlements, the community property shall during marriage upon the separate property of either
consist of all the property owned by the spouses at the spouse used by the family;
time of the celebration of the marriage or acquired
thereafter. (197a) (6) Expenses to enable either spouse to commence or
complete a professional or vocational course, or other
Art. 92. The following shall be excluded from the activity for self-improvement;
community property:
(7) Ante-nuptial debts of either spouse insofar as they
(1) Property acquired during the marriage by gratuitous have redounded to the benefit of the family;
title by either spouse, and the fruits as well as the income
thereof, if any, unless it is expressly provided by the (8) The value of what is donated or promised by both
donor, testator or grantor that they shall form part of the spouses in favor of their common legitimate children for
community property; the exclusive purpose of commencing or completing a
professional or vocational course or other activity for
(2) Property for personal and exclusive use of either self-improvement;
spouse. However, jewelry shall form part of the
community property; (9) Ante-nuptial debts of either spouse other than those
falling under paragraph (7) of this Article, the support of
(3) Property acquired before the marriage by either illegitimate children of either spouse, and liabilities
spouse who has legitimate descendants by a former incurred by either spouse by reason of a crime or a
marriage, and the fruits as well as the income, if any, of quasi-delict, in case of absence or insufficiency of the
such property. (201a) exclusive property of the debtor-spouse, the payment of
which shall be considered as advances to be deducted
Art. 93. Property acquired during the marriage is from the share of the debtor-spouse upon liquidation of
presumed to belong to the community, unless it is the community; and
proved that it is one of those excluded therefrom. (160)
(10) Expenses of litigation between the spouses unless
Art. 94. The absolute community of property shall be the suit is found to be groundless.
liable for:
If the community property is insufficient to cover the
(1) The support of the spouses, their common children, foregoing liabilities, except those falling under
and legitimate children of either spouse; however, the paragraph (9), the spouses shall be solidarily liable for
support of illegitimate children shall be governed by the the unpaid balance with their separate properties. (161a,
provisions of this Code on Support; 162a, 163a, 202a-205a)

(2) All debts and obligations contracted during the Art. 95. Whatever may be lost during the marriage in
marriage by the designated administrator-spouse for the any game of chance, betting, sweepstakes, or any other
benefit of the community, or by both spouses, or by one kind of gambling, whether permitted or prohibited by
spouse with the consent of the other; law, shall be borne by the loser and shall not be charged
to the community but any winnings therefrom shall form
(3) Debts and obligations contracted by either spouse part of the community property. (164a)
without the consent of the other to the extent that the
family may have been benefited; Art. 96. The administration and enjoyment of the
community property shall belong to both spouses jointly.
(4) All taxes, liens, charges and expenses, including In case of disagreement, the husband’s decision shall
major or minor repairs, upon the community property; prevail, subject to recourse to the court by the wife for
proper remedy, which must be availed of within five
years from the date of the contract implementing such
decision.
In the event that one spouse is incapacitated or otherwise given judicial authority to administer or encumber any
unable to participate in the administration of the specific separate property of the other spouse and use the
common properties, the other spouse may assume sole fruits or proceeds thereof to satisfy the latter’s share.
powers of administration. These powers do not include (178a)
disposition or encumbrance without authority of the
court or the written consent of the other spouse. In the Art. 101. If a spouse without just cause abandons the
absence of such authority or consent, the disposition or other or fails to comply with his or her obligations to the
encumbrance shall be void. However, the transaction family, the aggrieved spouse may petition the court for
shall be construed as a continuing offer on the part of the receivership, for judicial separation of property or for
consenting spouse and the third person, and may be authority to be the sole administrator of the absolute
perfected as a binding contract upon the acceptance by community, subject to such precautionary conditions as
the other spouse or authorization by the court before the the court may impose.
offer is withdrawn by either or both offerors. (206a)
The obligations to the family mentioned in the preceding
Art. 97. Either spouse may dispose by will of his or her paragraph refer to marital, parental or property relations.
interest in the community property. (n)
A spouse is deemed to have abandoned the other when
Art. 98. Neither spouse may donate any community her or she has left the conjugal dwelling without
property without the consent of the other. However, intention of returning. The spouse who has left the
either spouse may, without the consent of the other, conjugal dwelling for a period of three months or has
make moderate donations from the community property failed within the same period to give any information as
for charity or on occasions of family rejoicing or family to his or her whereabouts shall be prima facie presumed
distress. (n) to have no intention of returning to the conjugal
dwelling. (178a)
Art. 99. The absolute community terminates:
Art. 102. Upon dissolution of the absolute community
(1) Upon the death of either spouse;
regime, the following procedure shall apply:
(2) When there is a decree of legal separation;

(3) When the marriage is annulled or declared void; or (1) An invento ry shall be prepared, listing separately all

the properties of the absolute community and the

(4) In case of judicial separation of property during the
marriage under Articles 134 to 138. (175a) exclusive properties of each spouse.

Art. 100. The separation in fact between husband and

wife shall not affect the regime of absolute community (2) The debts and obligations of the absolute community
except that:
shall be paid out of its assets. In case of insufficiency of
(1) The spouse who leaves the conjugal home or refuses
to live therein, without just cause, shall not have the said assets, the spouses shall be solidarily liable for the
right to be supported;
unpaid balance with their separate properties in
(2) When the consent of one spouse to any transaction of accordance with the provisions of the second paragraph
the other is required by law, judicial authorization shall
be obtained in a summary proceeding; of Article 94.

(3) In the absence of sufficient community property, the

separate property of both spouses shall be solidarily
liable for the support of the family. The spouse present
shall, upon proper petition in a summary proceeding, be
(3) Whatever remains of the exclusive properties of the Art. 103. Upon the termination of the marriage by death,

spouses shall thereafter be delivered to each of them. the community property shall be liquidated in the same

proceeding for the settlement of the estate of the

(4) The net remainder of the properties of the absolute
deceased.
community shall constitute its net assets, which shall be

divided equally between husband and wife, unless a If no judicial settlement proceeding is instituted, the

different proportion or division was agreed upon in the surviving spouse shall liquidate the community property

marriage settlements, or unless there has been a either judicially or extra-judicially within six months

voluntary waiver of such share provided in this Code. from the death of the deceased spouse. If upon the lapse

For purpose of computing the net profits subject to of the six months period, no liquidation is made, any

forfeiture in accordance with Articles 43, No. (2) and 63, disposition or encumbrance involving the community

No. (2), the said profits shall be the increase in value property of the terminated marriage shall be void.

between the market value of the community property at

Should the surviving spouse contract a subsequent
the time of the celebration of the marriage and the
marriage without compliance with the foregoing
market value at the time of its dissolution.
requirements, a mandatory regime of complete

(5) The presumptive legitimes of the common children separation of property shall govern the property relations

shall be delivered upon partition, in accordance with of the subsequent marriage. (n)

Article 51.
Art. 104. Whenever the liquidation of the community

(6) Unless otherwise agreed upon by the parties, in the properties of two or more marriages contracted by the

partition of the properties, the conjugal dwelling and the same person before the effectivity of this Code is carried

lot on which it is situated shall be adjudicated to the out simultaneously, the respective capital, fruits and

spouse with whom the majority of the common children income of each community shall be determined upon

choose to remain. Children below the age of seven years such proof as may be considered according to the rules

are deemed to have chosen the mother, unless the court of evidence. In case of doubt as to which community the

has decided otherwise. In case there in no such majority, existing properties belong, the same shall be divided

the court shall decide, taking into consideration the best between the different communities in proportion to the

interests of said children. (n) capital and duration of each. (18​9a)