Marriage and Unmarried Cohabitation (WIP)

What is the legal definition of marriage under the Family Code?

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. Article 1, Family Code; Article XV, Section 2, 1987 Constitution

What are the essential requisites of marriage?

The essential requisites are: (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. The absence of any of these makes the marriage void ab initio. Article 2, Family Code

What are the formal requisites of marriage?

The formal requisites are: (1) authority of the solemnizing officer; (2) a valid marriage license, except in cases exempted by law; and (3) a marriage ceremony where the parties personally declare that they take each other as husband and wife before the solemnizing officer and two witnesses of legal age. Article 3, Family Code

What is the effect of the absence or irregularity of a requisite?

If an essential or formal requisite is absent, the marriage is void ab initio. If there is only an irregularity in a formal requisite, the marriage remains valid but the responsible party may incur civil, criminal, or administrative liability. Article 4, Family Code

Why must the parties to a marriage be male and female?

Traditionally, marriage is between a man and a woman because it was seen as an institution for procreation and family life. The Family Code still defines marriage as such, though debates on same-sex marriage exist in other jurisdictions. Articles 1 and 2(1), Family Code

Can a person who has undergone sex reassignment surgery change their legal sex and marry someone of the same birth sex?

In Silverio v. Republic, the Supreme Court ruled that the sex recorded at birth is immutable and cannot be changed through sex reassignment, since there is no law allowing it. Thus, such a person cannot legally marry someone of the same birth sex in the Philippines. Articles 1-2, Family Code; Civil Code Articles 407-412; R.A. 9048

What was the ruling in Republic v. Cagandahan regarding intersex individuals?

The Court recognized that an intersex person may choose their gender identity upon reaching maturity, respecting their natural development and personal decision. The Court allowed the petitioner to change her sex from female to male and name from "Jennifer" to "Jeff." Republic v. Cagandahan (2008); Civil Code Articles 407-408

What is the minimum age for marriage under the Family Code?

Both male and female must be at least 18 years old to have legal capacity to marry. Marriage below 18 years of age is void ab initio for lack of capacity.

What is the minimum age for marriage under the Family Code in comparison to the Civil Code?

Under the Civil Code of the Philippines (1950), the min. age for marriage was 16 years old for males and 14 years old for females. This reflected the old belief that physical maturity—or the ability to procreate—was the standard for marriage. The Family Code (1988) later raised the min. marriageable age for both male and female to eighteen (18) years old. The reason was to avoid premature marriages, which often result in unstable or broken families. Meanwhile, a person 18-21 years old must have parental consent, otherwise the marriage is voidable. (Article 14, Family Code). Article 54, Civil Code; Article 5, Family Code

What are the 4 exceptions to the requirement of a marriage license?

Exceptions include: (1) marriages among Muslims or members of indigenous cultural communities according to their customs; (2) marriages in articulo mortis; (3) marriages among parties who have lived together as husband and wife for at least five years without legal impediment to marry each other; and (4) marriages among foreign citizens abroad.

Why is marriage considered both a contract and a social institution?

Marriage is a contract because it involves mutual consent between two parties, but it is also a social institution because it serves a public purpose — the foundation of the family, which the State has an interest in protecting and regulating for the stability of society.

When is consent to marry considered vitiated?

Consent is vitiated when obtained through fraud, intimidation, or undue influence. A marriage with vitiated consent is voidable but valid until annulled. (Article 45, Family Code)

What is a void marriage?

A void marriage is one that is considered non-existent from the beginning because it lacks one or more essential or formal requisites of marriage. It produces no civil effects except those provided by law. (Article 35, Family Code)

What are the grounds that make a marriage void ab initio?

A marriage is void ab initio if: (1) contracted by a person below 18 years of age; (2) solemnized by one with no authority; (3) without a valid marriage license (except when exempted); (4) bigamous or polygamous; (5) contracted through mistake as to identity; or (6) void under Articles 37 and 38 on incestuous and void marriages by public policy. (Article 35, Family Code)

What is a voidable marriage?

A voidable marriage is valid until annulled by a competent court. It exists and produces legal effects until a decree of annulment is issued. (Article 45, Family Code)

What are the grounds for annulment of marriage?

Grounds include: (1) lack of parental consent if between 18-21 years old; (2) insanity; (3) fraud; (4) intimidation, undue influence, or force; (5) physical incapacity to consummate the marriage; and (6) incurable sexually transmissible disease. (Article 45, Family Code)

What is the difference between a void and a voidable marriage?

A void marriage is invalid from the start and cannot be ratified, while a voidable marriage is valid until annulled and may be ratified through cohabitation. (Articles 35 and 45, Family Code)

What is the legal effect of a bigamous marriage?

A bigamous marriage is void ab initio unless the prior marriage was terminated by death, annulment, or a judicial declaration of nullity at the time of the second marriage. (Article 35[4], Family Code; Article 41, Family Code)

When can a marriage be declared void due to psychological incapacity?

A marriage may be declared void if one or both parties were psychologically incapacitated to comply with essential marital obligations at the time of marriage, even if such incapacity becomes manifest only later. (Article 36, Family Code; Santos v. Court of Appeals, G.R. No. 112019, January 4, 1995)

What are incestuous marriages?

Incestuous marriages are absolutely void whether the relationship is legitimate or illegitimate, including those between ascendants and descendants of any degree and between brothers and sisters. (Article 37, Family Code)

What are marriages void for reasons of public policy?

Marriages are void if between: (1) step-parents and step-children; (2) parents-in-law and children-in-law; (3) adopters and adopted; (4) surviving spouse of the adopter and adopted; (5) adopted and legitimate child of adopter; (6) parties where one killed the other's spouse; or (7) between relatives within the fourth civil degree of consanguinity. (Article 38, Family Code)

Can cohabitation ratify a voidable marriage?

Yes. If the cause of annulment is curable—such as lack of parental consent, fraud, or intimidation—the marriage is ratified when the parties freely cohabit as husband and wife after the cause ceases. (Article 47, Family Code)

What are the general duties of husband and wife under the Family Code?

The husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. (Article 68, Family Code)

Who determines the family domicile?

The husband and wife shall fix the family domicile by mutual agreement. In case of disagreement, the court shall decide. (Article 69, Family Code)

Can one spouse change the family residence without the consent of the other?

No. The law requires mutual consent in changing the family domicile. A unilateral decision by one spouse to change residence is not valid. (Article 69, Family Code)

Who manages the household?

Both spouses jointly manage the household, but the expenses of the family are borne by the absolute community or conjugal partnership and, in the absence thereof, by both spouses in proportion to their income. (Article 70, Family Code)

Are spouses required to support each other?

Yes. The husband and wife are bound to support each other, and their obligation to give support is reciprocal and proportionate to their means. (Article 68, in relation to Article 195[1], Family Code)

Can a spouse engage in business without the consent of the other?

Either spouse may exercise a legitimate profession or engage in business, but the other may object on valid, serious, and moral grounds. In case of disagreement, the court shall decide whether the objection is proper. (Article 73, Family Code)

What is the effect if a spouse objects to the other's profession or business?

The court will resolve the dispute, and if it finds the objection proper, the spouse must desist. If the objection is not proper, the spouse may continue the business or profession. (Article 73, Family Code)

What happens if one spouse abandons the other without just cause?

Abandonment without just cause is a violation of the obligation to live together and support each other. The abandoned spouse may apply for receivership, judicial separation of property, or other reliefs. (Article 101, Family Code)

Who administers the property of the marriage?

The administration and enjoyment of the community or conjugal property belong to both spouses jointly. In case of disagreement, the husband's decision prevails, subject to court recourse by the wife for a proper remedy. (Article 96, Family Code)

Can one spouse sue or be sued without the consent of the other?

Yes, either spouse may appear alone in court to sue or be sued, but if the suit involves conjugal or community property, the other spouse must be joined unless there is judicial authorization. (Article 111, Family Code)

Who had authority over the family under the Civil Code, and how did the Family Code change this?

The Civil Code vested family authority in the husband as the "head of the family," while the Family Code establishes equality between husband and wife in decision-making and family relations. (Civil Code Art. 110; Family Code Arts. 68-71)

What was the rule on the administration of conjugal property under the Civil Code versus the Family Code?

Under the Civil Code, the husband was the sole administrator of conjugal property; under the Family Code, both spouses jointly administer it, with the husband's decision subject to court review. (Civil Code Art. 165; Family Code Art. 96)

How did the Family Code change the domicile rule between spouses?

The Civil Code allowed the husband to fix the family domicile; the Family Code now requires mutual agreement, and in case of disagreement, the court decides. (Civil Code Art. 110; Family Code Art. 69)

How did the Family Code address the wife's right to work or engage in business compared to the Civil Code?

The Civil Code required the husband's consent for the wife to engage in business; the Family Code allows either spouse to work or engage in business, subject only to valid objections resolved by the court. (Civil Code Art. 117; Family Code Art. 73)

What change did the Family Code make regarding property relations by default upon marriage?

The Civil Code defaulted to the conjugal partnership of gains, while the Family Code made absolute community of property the default regime unless the spouses agree otherwise. (Civil Code Art. 119; Family Code Art. 75)

How does the Family Code differ from the Civil Code regarding illegitimate children's rights?

The Civil Code discriminated against illegitimate children in terms of support and inheritance; the Family Code expanded their rights, granting them support and limited inheritance, though still less than legitimate children. (Civil Code Arts. 287-289; Family Code Arts. 176-179)

What was the rule on family name after marriage under the Civil Code and how was it clarified by the Family Code?

The Civil Code implied the wife must use the husband's surname; the Family Code clarified that it is optional—she may use her maiden name, her husband's name, or a combination. (Civil Code Art. 370; Family Code Art. 370)

How did the Family Code update the concept of parental authority compared to the Civil Code?

The Civil Code gave sole parental authority to the father; the Family Code grants joint parental authority to both parents over their common children. (Civil Code Art. 311; Family Code Art. 211)

How are debts incurred by one spouse treated under each Code?

In the Civil Code, debts contracted by the husband were presumed for family benefit; in the Family Code, debts must be shown to redound to the benefit of the family to bind the community. (Civil Code Art. 161[1]; Family Code Art. 94[1])

How does each Code treat donations between spouses?

Under both Codes, donations between spouses during marriage are void except moderate gifts on family occasions, but the Family Code expanded the rule to cover common-law unions for public policy reasons. (Civil Code Art. 133; Family Code Art. 87)

When does the property regime terminate under each Code?

Under both Codes, the property regime terminates upon death, annulment, legal separation, or judicial separation of property, but the Family Code added psychological incapacity and abandonment as grounds. (Civil Code Art. 175; Family Code Arts. 99-101)

How is liquidation of property handled differently under the two Codes?

Under the Civil Code, liquidation rules were less detailed and mostly applied upon dissolution; the Family Code provides a specific order of liquidation, settlement of debts, and distribution to spouses and children. (Civil Code Arts. 177-178; Family Code Arts. 102-103)

When can parental authority be suspended?

Parental authority may be suspended if the parent is found guilty of (1) treating the child with excessive harshness or cruelty; (2) giving the child corrupting orders, counsel or example; (3) compelling the child to beg; or (4) subjecting the child or allows him to be subjected to acts of lasciviousness.

Can a parent discipline a child using corporal punishment?

Parents may discipline their children reasonably, but excessive or abusive corporal punishment constitutes child abuse and may lead to suspension or loss of parental authority. (Article 220, Family Code; R.A. 7610)

How is parental authority different under the Civil Code and the Family Code?

Under the Civil Code, the father exclusively exercised parental authority; under the Family Code, both parents jointly exercise it, reflecting equality of spouses and shared responsibility. (Civil Code Art. 311; Family Code Art. 211)

What happens to parental authority when a marriage is annulled or declared void?

Upon annulment or declaration of nullity, parental authority over common children is awarded to the parent designated by the court as best suited for their welfare. (Article 49[1], Family Code)

Who exercises parental authority if both parents are found unfit?

If both parents are unfit, the court appoints a suitable person or institution to exercise substitute parental authority over the children. (Article 49[2], Family Code)

What happens to the property regime after the annulment or declaration of nullity of marriage?

The property regime of the spouses is dissolved and liquidated, and the net profits are divided equally unless a valid marriage settlement provides otherwise. (Articles 50, Family Code)

Are the children of a void marriage entitled to support?

Yes. Children conceived or born of a void marriage are considered illegitimate but are still entitled to support from their parents. The amount

of support shall be in proportion to the resources or means of the giver and the necessities of the recipient. (Article 50 in relation to Article 174, Family Code)

Can a spouse remarry immediately after the declaration of nullity of marriage?

No. The spouse may only remarry after the finality of the decree and after compliance with the requirements of Article 52, including recording the decree and liquidation in the civil registry. (Articles 52-53, Family Code)

What is the effect of legal separation on the spouses' right to remarry?

Legal separation does not sever the marriage bond, so neither spouse may remarry; only the right to live separately and dissolve the property regime is granted. (Article 63[1], Family Code)

Who gets custody of the children in legal separation?

Custody is given to the innocent spouse, subject to the court's determination of the children's best interests. (Article 63[2], Family Code)

What happens to the property relations of the spouses after legal separation?

The property regime is dissolved and liquidated, with the offending spouse forfeiting his or her share of the net profits in favor of the common children or the innocent spouse. (Article 63[3], Family Code)

What is the effect of reconciliation after legal separation?

Reconciliation terminates the legal separation proceedings, and the spouses may jointly petition for the revival of their former property regime or adopt a new one through a valid agreement. (Articles 65-66, Family Code)

What governs the property relations of couples living together without marriage when they are capacitated to marry each other?

When a man and a woman live together as husband and wife without a valid marriage but are not disqualified to marry each other, their relations are governed by a co-ownership regime under Article 147 of the Family Code; property acquired through joint efforts is presumed equally owned. (Article 147, Family Code; Valdes v. RTC, June 27, 2006)

Are services or household work considered contribution under Article 147?

Yes. Efforts in caring for the family, household management, and child-rearing are deemed contributions to the acquisition of property, giving rise to equal ownership. (Article 147, Family Code)

How are properties divided after the annulment of marriage?

Upon annulment, the property regime is liquidated under Articles 50-51, and the net profits are divided equally unless a different arrangement is provided in a valid marriage settlement. (Articles 50-51, Family Code; Domingo v. CA, G.R. No. 104818, September 17, 1993)