Persons and Family Relations Law - The Family Code of the Philippines

Flashcards covering the foundational concepts, requisites, and legal principles of the Family Code of the Philippines based on lecture notes.

Executive Order No. 209

The executive order signed by President Aquino on July 6, 1987, which established the Family Code of the Philippines.

August 3, 1988

The date when the Family Code of the Philippines finally took effect.

R.A. 6809

A law passed in 1989 that amended Title X of the Family Code, dealing with emancipation and the age of majority.

Marriage

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.

Inviolable Social Institution

The legal nature of marriage as the foundation of the family, whose consequences and incidents are governed by law and not subject to stipulation.

Philippine Telegraph and Telephone Company v. NLRC

A case where the Supreme Court invalidated a company policy that disqualified woman workers who contracted marriage, citing it as discriminatory.

R.A. No. 6955

The law making it a criminal offense to establish a business that matches Filipino women for marriage to foreign nationals on a mail-order basis.

R.A. No. 9208

The Anti-Trafficking in Persons Act of 2003, which considers offering or contracting simulated marriages for exploitation as trafficking.

Marriage between Rapist and Victim

A legal occurrence that extinguishes the criminal action or penalty against the rapist if the subsequent marriage is valid.

Universal Declaration of Human Rights (Sec. 16)

An international document declaring that men and women of full age have the right to marry and found a family without limitation due to race, nationality, or religion.

Zulueta v. Court of Appeals

A case ruling that evidence obtained by a wife ransacking her husband's office was inadmissible because it violated his constitutional right to privacy.

Legal Capacity

An essential requisite of marriage requiring the contracting parties to be a male and a female at least $18$ years of age.

Marriage License

A formal requisite issued by the local civil registrar, valid for $120$ days from the date of issue in any part of the Philippines.

Marriage Ceremony

A formal requisite where parties personally appear before a solemnizing officer and declare they take each other as husband and wife in the presence of at least $2$ witnesses of legal age.

Void Ab Initio

The legal status of a marriage where any essential or formal requisite is completely absent, except as provided in Article 35(2).

Voidable Marriage

The status of a marriage containing a defect in any of the essential requisites, as provided in Article 45.

Silverio vs. Republic

A case where the Supreme Court ruled that a person who underwent sex reassignment surgery cannot change their birth certificate to reflect a change in sex for marriage purposes.

Republic v. Cagandahan

A case involving Congenital Adrenal Hyperplasia where the court allowed an intersex individual to change their legal sex from female to male based on their preference.

Solemnizing Officer Authority

A formal requirement for marriage; if the officer lacks authority, the marriage is void unless at least one party believed in good faith they had authority.

Common Law Marriage

A non-ceremonial or informal marriage by agreement and cohabitation, which is not recognized in the Philippines.

Article 34 (Family Code)

An exemption from the marriage license requirement for a man and woman who have lived together as husband and wife for at least $5$ years without legal impediment.

Marriage in Articulo Mortis

A marriage performed when one or both parties are at the point of death, exempting them from the marriage license requirement.

Parental Consent

Required for contracting parties between the ages of $18$ and $21$; absence makes the marriage voidable.

Parental Advice

Required for contracting parties between the ages of $21$ and $25$; absence suspends the license issuance for $3$ months but does not invalidate the marriage.

Semper Presumitur Pro Matrimonio

A legal maxim meaning 'always presume marriage,' reflecting the law's policy to favor the validity of a marriage union.

Lex Loci Celebrationis

The general rule that the validity of a marriage is determined by the law of the place where it is celebrated.

Article 26 (Paragraph 2)

A provision allowing a Filipino spouse to remarry if their alien spouse validly obtains a divorce abroad that capacitates them to remarry.

Psychological Incapacity (Article 36)

A ground that renders a marriage void even if it was celebrated before the Family Code took effect, following the removal of the $10$-year prescriptive period by R.A. No. 8533.

Justice Jose Reyes
Justice Eduardo Caguioa
Justice Ricardo Puno

Who were the primary renowned civilists who drafted the Family Code?

Republic Act No. 6809

Lowered the age of majority and emancipation to 18 years. This was passed and approved on October 20, 1989 and took effect on December 11, 1989

Why is marriage a special contract and not an ordinary civil contract?

It is an inviolable social institution whose nature, consequences, and incidents are governed by law and cannot be altered or modified by private stipulation (except property relations in marriage settlements).

Can two parties contract a marriage solely for the ostensible purpose of legitimizing a child, with an agreement that it will not be binding between themselves?

No. Public policy prohibits splitting the incidents and obligations of marriage. A marriage cannot exist for one purpose and be no marriage at all for other purposes.

What was the Supreme Court's ruling in Philippine Telegraph and Telephone Company (PT&T) v. NLRC regarding employment policies against marriage?

The policy disqualifying female employees who contract marriage was declared void for violating the Constitutional provision on equal protection and the state policy protecting marriage as an inviolable social institution.

What criminal penalties under the Revised Penal Code protect the institution of marriage against illegal celebrations?

• Article 349: Penalizes Bigamy.

• Article 350: Penalizes anyone who contracts a marriage knowing that legal requirements have not been complied with or in disregard of a legal impediment (prision correccional medium/maximum).

Which provisions of the Marriage Law of 1929 (Act 3613) remain unrepealed by the Family Code?

Sections 37 to 45, which provide criminal penalties for erring persons authorized to solemnize marriages and local civil registrars.

Under R.A. No. 6955 (Anti-Mail Order Bride Law), what acts are punishable as criminal offenses?

• Establishing/carrying on a business matching Filipino women to foreign nationals on a mail-order basis or personal introduction.

• Advertising, publishing, printing, or distributing materials promoting such acts.

• Solicting or inducing Filipino women to join associations with these objectives.

• Using postal services to promote prohibited acts.

How does R.A. No. 9208 (Anti-Trafficking in Persons Act of 2003) define trafficking related to marriage?

Matching or contracting real or simulated marriages of any person or Filipino woman to a foreign national for profit/consideration for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage. (PRO.PO.SE.FL.SL.INV.DB)

What is the effect of a subsequent valid marriage between a rapist and the victim?

It extinguishes the criminal action or the penalty imposed on the rapist. If a legal husband rapes his wife, forgiveness extinguishes criminal action/penalty provided the marriage is not void ab initio.

Explain the doctrine in Zulueta v. Court of Appeals regarding spousal privacy.

Marriage does not shed an individual’s constitutional right to privacy. Documents forcibly taken by a wife from her husband’s office desk without court order are inadmissible in court under the privacy of communication and correspondence clause.

Contrast the rulings in Duncan v. Glaxo and Star Paper Corporation v. Simbol.

• Duncan v. Glaxo: Policy prohibiting employees from marrying employees of competitor companies was VALID as a reasonable business necessity to protect trade secrets.

• Star Paper v. Simbol: Policy forcing one spouse to resign if two co-employees marry was VOID because the company failed to prove a legitimate business necessity or detrimental effect on operations.

Under Article 823 of the Civil Code, what is the effect if a spouse attests a last will and testament as a witness where a devise or legacy is given to them?

The devise or legacy to the spouse is VOID, unless there are three other competent witnesses to the will.

Under Article 874 of the Civil Code, is a testamentary condition prohibiting a heir/legatee from contracting marriage valid?

An absolute condition not to marry is considered NOT WRITTEN (ignored), UNLESS imposed on a widow/widower by the deceased spouse or by the latter's ascendants/descendants. Contravention only invalidates the testamentary grant, not the marriage itself

What rule governs the validity of a marriage in terms of time?

Marriage is tested by the law in force at the time it was contracted (Gomez v. Lipana). Subsequent statutory changes cannot retroactively invalidate a valid marriage or validate a void one unless expressly provided and non-impairing of vested rights.

List the two Essential Requisites of marriage under Article 2.

• Legal capacity of the contracting parties, who must be a male and a female.

• Consent freely given in the presence of the solemnizing officer.

List the three Formal Requisites of marriage under Article 3.

• Authority of the solemnizing officer.

• Valid marriage license (except in exempted cases).

• Marriage ceremony with personal appearance of contracting parties before the solemnizing officer and personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age
  
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What are the legal effects of an absence, defect, or irregularity in marriage requisites under Article 4?

• Absence of Essential/Formal Requisite: Marriage is VOID ab initio (except Art. 35(2) good faith belief).

• Defect in Essential Requisite: Marriage is VOIDABLE (annullable under Art. 45).

• Irregularity in Formal Requisite: Marriage remains VALID, but responsible parties are civilly, criminally, and administratively liable.

What is the minimum age to contract marriage under Article 5?

18 years old. Marriages involving anyone under 18 are void ab initio, even with parental consent.

Who are authorized to solemnize marriages under Article 7?

• Incumbent members of the judiciary within their court's jurisdiction.

• Authorized priests, rabbis, imams, or ministers registered with the Civil Registrar General, provided at least one party belongs to their religious sect.

• Ship captains or airplane chiefs (only in articulo mortis under Art. 31).

• Military commanders of a unit with an assigned chaplain, in the chaplain's absence, during military operations (only in articulo mortis under Art. 32).

• Consuls-general, consuls, or vice-consuls (marriages between Filipino citizens abroad under Art. 10).

• City/Municipal Mayors (under the Local Government Code).

What is the territorial limitation on a judge's authority to solemnize marriage?

A judge can only solemnize marriages within their court's defined territorial jurisdiction (Navarro v. Domagtoy). Supreme Court Justices are exempt from this territorial restriction.

What requirements must concur for a military commander to validly solemnize a marriage?

• Must be a commissioned officer/unit commander (e.g., battalion level).

• A chaplain is assigned to the unit, but is absent.

• Marriage must be in articulo mortis (point of death).

• Parties (military or civilian) must be within the zone of military operations.

Where must a marriage ceremony take place under Article 8, and what is the nature of venue provisions?

Venue is DIRECTORY. It must take place publicly in chambers/open court, church/temple, or consular office.

What is the exception to the rule of VENUES in marriage?

Marriages in articulo mortis, in remote places, or upon written request of both parties in a sworn statement specifying another location.

Where must a marriage license be obtained, and what is its validity period (Arts. 9, 20)?

Obtained from the Local Civil Registrar (LCR) where either party habitually resides. Valid for 120 days from date of issue anywhere in the Philippines; automatically cancelled upon expiration.

Is obtaining a marriage license in a municipality where neither party resides a ground for nullity?

No. It is a mere formal irregularity that does not invalidate the marriage (Alcantara v. Alcantara).

What happens if an applicant cannot produce a birth or baptismal certificate?

They may submit their residence certificate or an instrument sworn before the LCR accompanied by a sworn declaration of two witnesses of lawful age (preferably nearest kin) confirming birth details.

What is the rule on marriage for those ages 18 to below 21?

Parental Consent is REQUIRED. Absence makes marriage voidable (Art. 45).

What is the rule on marriage on those ages 21 to below 25?

Parental Advice is REQUIRED. Absence does not affect validity, but delays license issuance for 3 months after publication completion.

What is the rule on marriage when it comes to Marriage Counseling?

Mandatory for both age brackets. Failure to attach certificate suspends license issuance for 3 months.

What is the publication requirement for a marriage license application under Article 17?

LCR posts notice on a conspicuous public bulletin board for 10 consecutive days.

Can a Local Civil Registrar refuse to issue a marriage license if an impediment is reported?

No. Under Art. 18, the LCR must note down the alleged impediment in the application and issue the license upon completion of publication, UNLESS restrained by a competent court order.

What must foreign citizens and refugees submit to get a marriage license in the Philippines (Art. 21)?

• Foreigners: A Certificate of Legal Capacity to Contract Marriage issued by their diplomatic/consular officials.
  

• Stateless Persons/Refugees: An affidavit stating circumstances showing capacity to marry.

What is the legal status of Common-Law Marriages in the Philippines?

They are NOT RECOGNIZED. Intervention of an authorized solemnizer in a ceremony is indispensable.

What is the legal presumption regarding marriage?

Semper praesumitur pro matrimonio (Always presume marriage). Persons living together openly as husband and wife are presumed to have entered into a lawful contract of marriage (Rule 131, Sec. 5[aa], Rules of Court).

How can marriage be proven in court if the official record/certificate is destroyed or missing?

By secondary evidence: testimonies of witnesses/spouses/solemnizer, mention in family bibles, birth certificates of children, joint property titles designating marital status, passports, and public cohabitation (Rivera v. IAC).

What general principle governs foreign marriages under Article 26(1)?

Lex Loci Celebrationis — Marriages solemnized outside the Philippines valid under the law of the place of celebration are valid in the Philippines.

List ALL Philippine statutory exceptions where a foreign marriage remains VOID despite being valid abroad.

• Either party is under 18 years of age (Art. 35[1]).

• Bigamous or polygamous marriages (Art. 35[4]).

• Mistake of identity (Art. 35[5]).

• Subsequent marriage void due to failure to record property liquidation/presumptive legitime under Art. 53 (Art. 35[6]).

• Psychological incapacity (Art. 36).

• Incestuous marriages — ascendants/descendants, brothers/sisters (Art. 37).

• Void for reason of public policy — step-siblings, adoption ties, etc. (Art. 38).

Are foreign Same-Sex Marriages or Common-Law Marriages of Filipinos recognized in the Philippines?

• Same-sex marriages violate public policy and heterosexual capacity requirements (Arts. 1, 2, 15).

• Common-law marriages lack "solemnization" (a formal ceremony), which Art. 26 strictly requires.

Explain the Foreign Divorce Rule under Article 26, Paragraph 2

When a valid marriage between a Filipino and a foreigner is celebrated, and a valid absolute divorce is obtained abroad by the alien spouse capacitating them to remarry, the Filipino spouse gains capacity to remarry under Philippine law.

How is citizenship determined for the application of Article 26(2) in foreign divorces?

Citizenship is determined at the time the divorce decree is obtained, NOT at the time of the marriage ceremony (Republic v. Orbecido III; Bayot v. CA).

What must a party present in Philippine court to enforce a foreign divorce decree?

The foreign law authorizing divorce and the authenticated copy of the foreign divorce decree must both be pleaded and proven as facts in court (Garcia v. Recio).

What is the doctrine laid down in Bayot v. Court of Appeals regarding a petition for nullity filed after a valid foreign divorce?

The petition must be dismissed for lack of cause of action. A petition for nullity presupposes an existing marriage; a valid foreign divorce severs the marital tie, leaving no marriage to nullify or dissolve.