Family Code: Marriages

Question 1

What is Marriage according to the Family Code?

Answer 1

Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.

Question 2

How is Marriage different from Ordinary Contracts?

Answer 2

1. Both are governed by different laws.
2. Marriage can only be dissolved by death or annulment unlike in Ordinary contracts, it can be dissolved through Mutual Agreement and by other legal causes.
3. Marriage is PERMANENT while Ordinary Contracts can be fixed with whatever period is agreed upon.
4. Breach in Ordinary Contracts gives rise to actions for damages while in marriage there is none.

Question 4

What are the Essential Requisites of Marriage?

Answer 4

1. Legal capacity of the contracting parties who must be a male and a female; and
2. Consent freely given in the presence of the solemnizing officer.

Question 5

What are the Formal Requisites of Marriage?

Answer 5

1. Authority of the solemnizing officer;
2. A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
3. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

Question 6

What is the effect of the ABSENCE of ANY of the essential or formal requisites?

Answer 6

The marriage shall be rendered Void Ab Initio.

EXCEPT when the marriage was contracted with EITHER or BOTH parties believing in good faith that the solemnizing officer had the legal authority to do so.

Question 7

What will happen if there is a DEFECT in ANY Essential Requisites?

Answer 7

It shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Question 8

Who may contract marriage?

Answer 8

Any male or female who are at least 18 years old and upwards without any legal impediments.

Question 9

Who may solemnize a marriage?

Answer 9

(1) Any incumbent member of the judiciary within the court’s jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10.

Question 10

Where can a marriage be solemnized?

Answer 10

1. Chambers of the judge or in open court.
2. Church, chapel or temple
3. Office the consul-general, consul or vice-consul
4. House or place designated by the contracting parties by submitting a written request to the solemnizing officer.

Question 11

What happens when Parental CONSENT (between 18 and 21) and Advice (Above 21) in addition to a Certificate issued by solemnizing officer or marriage councilor has not been attained by the contracting parties?

Answer 11

It shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.

Question 12

What will the LCR do after the application of the marriage license by the contracting parties?

Answer 12

Art. 17. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period of publication.

Question 13

What marriages can be solemnized without a marriage license?

Answer 13

1. In case either or both of the contracting parties are at the point of death and shall remain valid even if the ailing party subsequently survives.
2. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar.
3. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices.
4. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other.

Question 14

What are Void Marriages from the beginning?

Answer 14

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages;
(3) Those solemnized without license;
(4) Those bigamous or polygamous marriages;
(5) Those contracted through mistake of one contracting party as to the identity of the other.

Question 15

What marriages are void from the beginning for being INCESTUOUS?

Answer 15

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood.

Question 16

What marriages are void from the beginning for reasons of Public Policy?

Answer 16

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.

Question 17

What are the requirements of the Declaration of Presumptive Death of a spouse?

Answer 17

1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death.
2. That the present spouse wishes to remarry.
3. That the present spouse has a well-founded belief that the absentee is dead.
4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.

Question 18

What does “Well-founded belief” mean?

Answer 18

It is upon the showing of proper and honest-to-goodness inquiries and efforts to ascertain not only the absent spouse’s whereabouts but, more importantly, whether the absent spouse is still alive or is already dead.

Question 19

What is the effect of an Affidavit of Reappearance of an absent spouse in relation to Art. 41,FC?

Answer 19

The subsequent marriage referred to in the preceding Article shall be automatically

Question 20

What happens when both spouses of the subsequent marriage acted in bad faith in Art.41,FC?

Answer 20

The said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law.

Question 21

What are the Grounds for Annulment of Marriage?

Answer 21

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable

Question 22

What does “Fraud” mean in No.3 of Art.45?

Answer 22

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

Question 23

Who my file the action for Annulment of Marriage and within what period?

Answer 23

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other’s insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage.

Question 24

What are the effects of Filing and Issuance of a Decree of Annulment?

Answer 24

Art. 49. During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the 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 wish to remain as provided to in Title IX. It shall also provide for appropriate visitation rights of the other parent.

The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation.

In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129.

Question 25

What are the GROUNDS for Legal Separation?

Answer 25

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

For purposes of this Article, the term “child” shall include a child by nature or by adoption.

Question 26

What are the grounds for Legal Separation to be DENIED?

Answer 26

(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act complained of;
(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain the decree of legal separation; or
(6) Where the action is barred by prescription.

Question 27

What are the effects of Filing and Issuance of a Decree of Legal Separation?

Answer 27

Art. 61. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other.

Art. 63. The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.

Art. 64. After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final.

Question 28

What are the effects of reconciliation after attaining the Decree of Legal Separation?

Answer 28

Art. 66. The reconciliation referred to in the preceding Articles shall have the following consequences:

(1) The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and
(2) The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.

The court’s order containing the foregoing shall be recorded in the proper civil registries.

Art. 67. The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify:

(1) The properties to be contributed anew to the restored regime;
(2) Those to be retained as separated properties of each spouse; and
(3) The names of all their known creditors, their addresses and the amounts owing to each.

Question 29

What are the guidelines for proving Psychological Incapacity under Art. 36, FC aka The Molina Doctrine?

Answer 29

(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff.
(2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision.
(3) The incapacity must be proven to be existing at “the time of the celebration” of the marriage.
(4) Such incapacity must also be shown to be medically or clinically permanent or incurable.
(5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.
(6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children.
(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.
(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state.