PERSONS & FAMILY RELATIONS

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CIVIL PERSONALITY
Persons Juridical Capacity and Capacity to Act
Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is Kinds of Juridical Persons:
inherent in every natural person and is lost only through death. Capacity to act, which is the 1. Public Juridical Person
power to do acts with legal effect, is acquired and may be lost. (n). a) The State;
Art. 40. Birth determines personality; but the conceived child shall be considered born for b) Its political subdivisions (province, cities, municipalities, and barrios)
all purposes that are favorable to it, provided it be born later with the conditions specified in c) Public corporations
the following article. (29a) 2. Private Juridical Persona
Art. 41. For civil purposes, the foetus is considered born if it is alive at the time it is a) Private Corporations
completely delivered from the mother’s womb. However, if the foetus had an intra-uterine b) Partnership
life of less than seven months, it is not deemed born if it dies within twenty-four hours after c) Associates for private interest
its complete delivery from the maternal womb. (30a)
Art. 42. Civil personality is extinguished by death. Restrictions (Juridical Capacity & Capacity to Act)
The effect of death upon the rights and obligations of the deceased is determined by law, by Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil
contract and by will. (32a) interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated
Art. 43. If there is a doubt, as between two or more persons who are called to succeed each person from certain obligations, as when the latter arise from his acts or from property
other, as to which of them died first, whoever alleges the death of one prior to the other, relations, such as easements. (32a)
shall prove the same; in the absence of proof, it is presumed that they died at the same time
and there shall be no transmission of rights from one to the other. (33) Art. 39. The following circumstances, among others, modify or limit capacity to act: age,
Art. 44. The following are juridical persons: insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations,
1) The State and its political subdivisions; alienage, absence, insolvency and trusteeship. The consequences of these circumstances are
2) Other corporations, institutions and entities for public interest or purpose, governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act
created by law; their personality begins as soon as they have been constituted is not limited on account of religious belief or political opinion.
according to law;
A married woman, twenty-one years of age or over, is qualified for all acts of civil life,
3) Corporations, partnerships and associations for private interest or purpose to
which the law grants a juridical personality, separate and distinct from except in cases specified by law. (n)
that of each shareholder, partner or member. (35a) Minority
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed
by the laws creating or recognizing them. i. RA 6809 An Act Lowering the Age of Majority from 21 to 18 years, amending for the
Private corporations are regulated by laws of general application on the subject. Purpose of EO 209, and for other purposes
Partnerships and associations for private interest or purpose are governed by the provisions
ii. Effect on Contracts
of this Code concerning partnerships. (36 and 37a)
Art. 46. Juridical persons may acquire and possess property of all kinds, as well as incur Art. 1327. The following cannot give consent to a contract:
obligations and bring civil or criminal actions, in conformity with the laws and regulations
of their organization. (38a) (1) Unemancipated minors;
Art. 47. Upon the dissolution of corporations, institutions and other entities for public (2) Insane or demented persons, and deaf-mutes who do not know how to write.
interest or purpose mentioned in No. 2 of Article 44, their property and other assets shall be
disposed of in pursuance of law or the charter creating them. If nothing has been specified
on this point, the property and other assets shall be applied to similar purposes for the
benefit of the region, province, city or municipality which during the existence of the
institution derived the principal benefits from the same. (39a)

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(d) An agreement for the sale of goods, chattels or things in action, at a price not
less than five hundred pesos, unless the buyer accept and receive part of such
Art. 1390. The following contracts are voidable or anullable, even though there may have goods and chattels, or the evidences, or some of them, of such things in action,
been no damage to the contracting parties: or pay at the time some part of the purchase money; but when a sale is made by
(1) Those where one of the parties is incapable of giving consent to a contract; auction and entry is made by the auctioneer in his sales book, at the time of the
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue sale, of the amount and kind of property sold, terms of sale, price, names of the
influence or fraud. purchasers and person on whose account the sale is made, it is a sufficient
These contracts are binding, unless they are annulled by a proper action in court. They are memorandum;
susceptible of ratification. (e) An agreement for the leasing for a longer period than one year, or for the sale
Art. 1397. The action for the annulment of contracts may be instituted by all who are of real property or of an interest therein;
thereby obliged principally or subsidiarily. However, persons who are capable cannot allege (f) A representation as to the credit of a third person.
the incapacity of those with whom they contracted; nor can those who exerted intimidation,
violence, or undue influence, or employed fraud, or caused mistake base their action upon (3) Those where both parties are incapable of giving consent to a contract.
these flaws of the contract.
Art. 1426. When a minor between eighteen and twenty- one years of age who has entered
Art. 1398. An obligation having been annulled, the contracting parties shall restore to each into a contract without the consent of the parent or guardian, after the annulment of the
other the things which have been the subject matter of the contract, with their fruits, and the contract voluntarily returns the whole thing or price received, notwithstanding the fact that
price with its interest, except in cases provided by law. he has not been benefited thereby, there is no right to demand the thing or price thus
returned.
In obligations to render service, the value thereof shall be the basis for damages.
Art. 1427. When a minor between eighteen and twenty- one years of age, who has entered
Art. 1399. When the defect of the contract consists in the incapacity of one of the parties, into a contract without the consent of the parent or guardian, voluntarily pays a sum of
the incapacitated person is not obliged to make any restitution except insofar as he has been money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to
benefited by the thing or price received by him. recover the same from the obligee who has spent or consumed it in good faith.
Art. 1403. The following contracts are enforceable, unless they are ratified: Art. 1489. All persons who are authorized in this Code to obligate themselves, may enter
(1) Those entered into in the name of another person by one who has been given no into a contract of sale, saving the modifications contained in the following articles.
authority or legal representation, or who has acted beyond his powers; Where necessaries are sold and delivered to a minor or other person without capacity to act,
(2) Those that do not comply with the Statute of Frauds as set forth in this number. In the he must pay a reasonable price therefor. Necessaries are those referred to in Article 290.
following cases an agreement hereafter made shall be unenforceable by action, unless the iii. Effect on Marriage
same, or some note or memorandum thereof, be in writing, and subscribed by the party
charged, or by his agent; evidence, therefore, of the agreement cannot be received without Art. 5. Any male or female of the age of eighteen years or upwards not under any of the
the writing, or a secondary evidence of its contents: impediments mentioned in Articles 37 and 38, may contract marriage. (54a)

(a) An agreement that by its terms is not to be per- formed within a year from the Art. 35. The following marriages shall be void from the beginning:
making thereof;
(1) Those contracted by any party below eighteen years of age even with the consent of
(b) A special promise to answer for the debt, de- fault, or miscarriage of another; parents or guardians;

(c) An agreement made in consideration of mar- riage, other than a mutual

promise to marry;

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(2) Those solemnized by any person not legally au- thorized to perform marriages unless Article 1327. The following cannot give consent to a contract:
such marriages were contracted with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so; (1) Unemancipated minors;

(3) Those solemnized without a license, except those covered by the preceding Chapter; (2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)

(4) Those bigamous or polygamous marriages not falling under Article 41; Article 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in
a state of drunkenness or during a hypnotic spell are voidable. (n)
(5) Those contracted through mistake of one contracting party as to the identity of the other;
and Article 1399. When the defect of the contract consists in the incapacity of one of the
parties, the incapacitated person is not obliged to make any restitution except insofar as he
(6) Those subsequent marriages that are void under Article 53. has been benefited by the thing or price received by him. (1304)

iv. Effect on Crimes ii. Effect on Crimes

Art. 12 (RPC). Circumstances which exempt from criminal liability. -- The following are Art. 12 (RPC)
exempt from criminal liability:
iii. Effect on Marriage (Family Code)
(1) An imbecile or an insane person, unless the latter has acted during a lucid
interval. Art. 45. A marriage may be annulled for any of the following causes, existing at the time of
the marriage:
When the imbecile or an insane person has committed an act which the law
defines as a felony (delito), the court shall order his confinement in one of the (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen
hospitals or asylums established for persons this afflicted, which he shall not be years of age or over but below twenty-one, and the marriage was solemnized without the
permitted to leave without first obtaining the permission of the same court. 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
(2) Any person who, while performing a lawful act with due care, causes an injury with the other and both lived together as husband and wife;
by mere accident without fault or intention of causing it.
(2) That either party was of unsound mind, unless such party after coming to reason, freely
(3) Any person who acts under the compulsion of an irresistible force. cohabited with the other as husband and wife;

(4) Any person who acts under the impulse of an uncontrollable fear of an equal or (3) That the consent of either party was obtained by fraud, unless such party afterwards,
greater injury with full knowledge of the facts constituting the fraud, freely cohabited with the other as
husband and wife;
(5) Any person who fails to perform an act required by law, when prevented by
some lawful or insuperable cause. (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
Art. 13(2), 68, 80, 101 (Revised Penal Code); RA 9344 (amended by RA 10630) the other as husband and wife;
v. Effect on Quasi-Delicts (5) That either party was physically incapable of consummating the marriage with the other,
Art. 2180-2182 NCC and such incapacity continues and appears to be incurable; or

Insanity (6) That either party was afflicted with a sexually-transmissible disease found to be serious
and appears to be incurable. (85a)
i. Effects on Contracts (NCC)

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The State is responsible in like manner when it acts through a special agent; but not when
the damage has been caused by the official to whom the task done properly pertains, in
which case what is provided in article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages
Art. 47. The action for annulment of marriage must be filed by the following persons and caused by their pupils and students or apprentices, so long as they remain in their custody.
within the periods indicated herein: The responsibility treated of in this article shall cease when the persons herein mentioned
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian prove that they observed all the diligence of a good father of a family to prevent damage.
did not give his or her consent, within five years after attaining the age of twenty-one, or by (1903a)
the parent or guardian or person having legal charge of the minor, at any time before such Article 2181. Whoever pays for the damage caused by his dependents or employees may
party has reached the age of twenty-one; recover from the latter what he has paid or delivered in satisfaction of the claim. (1904)
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no Article 2182. If the minor or insane person causing damage has no parents or guardian, the
knowledge of the other's insanity; or by any relative or guardian or person having legal minor or insane person shall be answerable with his own property in an action against him
charge of the insane, at any time before the death of either party, or by the insane spouse where a guardian ad litem shall be appointed. (n)
during a lucid interval or after regaining sanity;
State of Being Deaf-Mute
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years
after the discovery of the fraud; i. Effect

(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years Article 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able
from the time the force, intimidation or undue influence disappeared or ceased; to do so; otherwise, he shall designate two persons to read it and communicate to him, in
some practicable manner, the contents thereof. (n)
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five
years after the marriage. (87a) Article 820. Any person of sound mind and of the age of eighteen years or more, and not
blind, deaf or dumb, and able to read and write, may be a witness to the execution of a will
iv. Effect on Quasi-Delicts mentioned in article 805 of this Code. (n)
Article 2180. The obligation imposed by article 2176 is demandable not only for one's own Article 1327. The following cannot give consent to a contract:
acts or omissions, but also for those of persons for whom one is responsible.
(1) Unemancipated minors;
The father and, in case of his death or incapacity, the mother, are responsible for the
damages caused by the minor children who live in their company. (2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)

Guardians are liable for damages caused by the minors or incapacitated persons who are Prodigality
under their authority and live in their company.
- excessive or wasteful spending; extravagance; prolificacy; lavishness
The owners and managers of an establishment or enterprise are likewise responsible for
damages caused by their employees in the service of the branches in which the latter are - unable to manage his own affairs due to lacking of sense
employed or on the occasion of their functions. Civil Interdiction
Employers shall be liable for the damages caused by their employees and household helpers ARTICLE 34. Civil Interdiction. (RPC) — Civil interdiction shall deprive the offender
acting within the scope of their assigned tasks, even though the former are not engaged in during the time of his sentence of the rights of parental authority, or guardianship, either as
any business or industry.

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to the person or property of any ward, of marital authority, of the right to manage his Article 1490. The husband and the wife cannot sell property to each other, except:
property and of the right to dispose of such property by any act or any conveyance inter (1) When a separation of property was agreed upon in the marriage settlements; or (2)
vivos. When there has been a judicial separation of property under article 191. (1458a)

Art. 79. (Family Code) For the validity of any marriage settlement executed by a person Absence
upon whom a sentence of civil interdiction has been pronounced or who is subject to any
other disability, it shall be indispensable for the guardian appointed by a competent court to NCC
be made a party thereto. (123a) Article 390. After an absence of seven years, it being unknown whether or not the absentee
Family Relations still lives, he shall be presumed dead for all purposes, except for those of succession.

(Family Code) The absentee shall not be presumed dead for the purpose of opening his succession till after
an absence of ten years. If he disappeared after the age of seventy-five years, an absence of
Art. 37. Marriages between the following are incestuous and void from the beginning, five years shall be sufficient in order that his succession may be opened. (n)
whether relationship between the parties be legitimate or illegitimate:
Article 391. The following shall be presumed dead for all purposes, including the division
(1) Between ascendants and descendants of any degree; and of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing,
(2) Between brothers and sisters, whether of the full or half blood. (81a) who has not been heard of for four years since the loss of the vessel or aeroplane;
Art. 38. The following marriages shall be void from the beginning for reasons of public (2) A person in the armed forces who has taken part in war, and has been missing for four
policy: years;
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth (3) A person who has been in danger of death under other circumstances and his existence
civil degree; has not been known for four years. (n)
(2) Between step-parents and step-children; Family Code
(3) Between parents-in-law and children-in-law; Art. 41. A marriage contracted by any person during subsistence of a previous marriage
(4) Between the adopting parent and the adopted child; shall be null and void, unless before the celebration of the subsequent marriage, the prior
spouse had been absent for four consecutive years and the spouse present has a well-
(5) Between the surviving spouse of the adopting parent and the adopted child; founded belief that the absent spouse was already dead. In case of disappearance where
there is danger of death under the circumstances set forth in the provisions of Article 391 of
(6) Between the surviving spouse of the adopted child and the adopter; the Civil Code, an absence of only two years shall be sufficient.
(7) Between an adopted child and a legitimate child of the adopter; For the purpose of contracting the subsequent marriage under the preceding paragraph the
(8) Between adopted children of the same adopter; and spouse present must institute a summary proceeding as provided in this Code for the
declaration of presumptive death of the absentee, without prejudice to the effect of
(9) Between parties where one, with the intention to marry the other, killed that other reappearance of the absent spouse. (83a)
person's spouse, or his or her own spouse. (82)
Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically
NCC terminated by the recording of the affidavit of reappearance of the absent spouse, unless
there is a judgment annulling the previous marriage or declaring it void ab initio.
Article 1109. Prescription does not run between husband and wife, even though there be a
separation of property agreed upon in the marriage settlements or by judicial decree.

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A sworn statement of the fact and circumstances of reappearance shall be recorded in the
civil registry of the residence of the parties to the subsequent marriage at the instance of any
interested person, with due notice to the spouses of the subsequent marriage and without
prejudice to the fact of reappearance being judicially determined in case such fact is
disputed. (n)

Gender

Article 2259. The capacity of a married woman to execute acts and contracts is governed by
this Code, even if her marriage was celebrated under the former laws. (n)

Section 4, Rule 3 Revised Rules of Court

Section 4. Spouses as parties. — Husband and wife shall sue or be sued jointly, except as
provided by law. (4a)

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MARRIAGE Breach of Promise to Marry

Definition and Nature of Marriages
NCC
Relevant Provisions Article 19. Every person must, in the exercise of his rights and in the performance of his
Family Code duties, act with justice, give everyone his due, and observe honesty and good faith.
Article 1. Marriage is a special contract of permanent union between a man and a woman
entered into in accordance with the law for the establishment of conjugal and family life. It Article 20. Every person who, contrary to law, wilfully or negligently causes damage to
is the foundation of the family and an inviolable social institution whose nature, another, shall indemnify the latter for the same.
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 Article 21. Any person who wilfully causes loss or injury to another in manner that is
provided by this Code. contrary to morals, good customs or public policy shall compensate the latter for the
damage.
Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival. It is
a civil contract usually regulated by law. Article 2176. Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no
Art. XV 1987 Constitution pre-existing contractual relation between the parties, is called a quasi-delict and is governed
by the provisions of this Chapter.
Section 1. The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development. On Private Contracts

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and
shall be protected by the State. Requisites of Marriages
Section 3. The State shall defend: Essential Requisites:
Family Code, NCC
(1) The right of spouses to found a family in accordance with their religious convictions and
the demands of Article 2. No marriage shall be valid, unless these essential requisites are present:

responsible parenthood; (1) Legal capacity of the contracting parties who must be a male and a female; and

(2) The right of children to assistance, including proper care and nutrition, and special (2) Consent freely given in the presence of the solemnizing officer. (53a)
protection from all forms of neglect, abuse, cruelty, exploitation and other conditions Article 3. The formal requisites of marriage are:
prejudicial to their development;
(1) Authority of the solemnizing officer;
(3) The right of the family to a family living wage and income; and
(2) A valid marriage license except in the cases provided for in Chapter 2 of this
(4) The right of families or family associations to participate in the planning and Title; and
implementation of policies and programs that affect them.
(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. (53a, 55a)

RPC

Article 350. Marriage contracted against provisions of laws. - The penalty of prision
correccional in its medium and maximum periods shall be imposed upon any person who,
without being included in the provisions of the next proceeding article, shall have not been
complied with or that the marriage is in disregard of a legal impediment.

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Essential Requisites: Article 32. A military commander of a unit, who is a commissioned officer, shall likewise
have authority to solemnize marriages in articulo mortis between persons within the zone of
Legal Capacity; Male and Female military operation, whether members of the armed forces or civilians. (74a)
Consent Freely Given RPC
Family Code
Article 352. Performance of illegal marriage ceremony. - Priests or ministers of any
Article 4. The absence of any of the essential or formal requisites shall render the marriage religious denomination or sect, or civil authorities who shall perform or authorize any
void ab initio, except as stated in Article 35 (2). illegal marriage ceremony shall be punished in accordance with the provisions of the
A defect in any of the essential requisites shall not affect the validity of the marriage but the Marriage Law.
party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable. 1991 Local Government Code

Article 45. A marriage may be annulled for any of the following causes, existing at the time SEC. 444. The Chief Executive: Powers, Duties, Functions and Compensation.
of the marriage:
(a) The municipal mayor, as the chief executive of the municipal government, shall
(3) That the consent of either party was obtained by fraud, unless such party exercise such powers and perform such duties and functions as provided by this
afterwards, with full knowledge of the facts constituting the fraud, freely cohabited Code and other laws.
with the other as husband and wife;
(b) For efficient, effective and economical governance the purpose of which is the
Formal Requisites: general welfare of the municipality and its inhabitants pursuant to Section 16 of this
Family Code, NCC Code, the municipal mayor shall:

Article 7. Marriage may be solemnized by: (1) Exercise general supervision and control over all programs, projects, services,
and activities of the municipal government, and in this connection, shall:
(1) Any incumbent member of the judiciary within the court's jurisdiction;
(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding
(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 Absence Defect
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 Essential Requisite VOID VOIDABLE
solemnizing officer's church or religious sect;
Formal Requisite VOID VALID
(3) Any ship captain or airplane chief only in the case mentioned in Article 31; NOTE:
Absence of consent means an absence of requisite;
(4) Any military commander of a unit to which a chaplain is assigned, in the absence Giving consent (under duress) means a defective essential requisite
of the latter, during a military operation, likewise only in the cases mentioned in Mistake in Identity – void ab initio
Article 32;

(5) Any consul-general, consul or vice-consul in the case provided in Article 10.

Article 10. Marriages between Filipino citizens abroad may be solemnized by a consul- Effect of Absence of Authority
general, consul or vice-consul of the Republic of the Philippines. The issuance of the
marriage license and the duties of the local civil registrar and of the solemnizing officer Article 4. The absence of any of the essential or formal requisites shall render the marriage
with regard to the celebration of marriage shall be performed by said consular official. void ab initio, except as stated in Article 35 (2).
Article 31. A marriage in articulo mortis between passengers or crew members may also be A defect in any of the essential requisites shall not affect the validity of the marriage but the
solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the party or parties responsible for the irregularity shall be civilly, criminally and
plane is in flight, but also during stopovers at ports of call. (74a) administratively liable.

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Marriage License Done in the City of Manila, this 20th day of July, in the year of Our Lord, nineteen hundred and seventy-six.

Arts. 9-34 Family Code

PD 965. A DECREE REQUIRING APPLICANT FOR MARRIAGE LICENSE TO RECEIVE

INSTRUCTIONS ON FAMILY PLANNING AND RESPONSIBLE PARENTHOOD
WHEREAS, the Government has adopted a national population program to achieve and maintain levels of population most conducive to
the national welfare;

WHEREAS, an essential element of the population program is to inform and instruct the people on family planning and responsible
parenthood; and

WHEREAS, an effective mode of implementing the program would be to require all applicants for marriage license to receive
instructions and information on family planning and responsible parenthood before they are issued the marriage license, and to create the
administrative machinery for giving such instructions and information;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:

Section 1. Office of Family Planning. There is hereby created in every city and municipality an Office of Family Planning to be headed
by the city or municipal health officer. He shall be assisted by the city or rural health nurse, members of the city or rural health unit, and
such other personnel from the different agencies of the government involved in the family planning program, who shall perform family
planning duties in addition to their regular duties. Private entities or individuals duly accredited by the Commission on Population
engaged in family planning activities may also be impressed into the service.

Section 2. Duties of Family Planning Office. The Office of Family planning shall give instructions and information on family and
responsible parenthood to applicants for marriage license and other interested persons in the form of personal instruction and/or
handbook, pamphlets or brochures. Furthermore, such instructions and information shall be consistent with the policies of the
Commission on Population.

Section 3. Certificate of Compliance. Applicants for marriage license shall, upon filing an application therefore, be obliged to receive
instructions and information on family planning and responsible parenthood from the Family Planning Office. Such instructions and
information may be in the form of personal instruction or in the form of brochures, pamphlets, or handbooks. In places where there are no
health officers, any person duly accredited by the Commission on Population may give the instructions herein provided.

No marriage license shall be issued by the Local Civil Registrar unless the applicants present a certificate, issued at no cost to the
applicants, by an Office of Family Planning that they had received instructions and information on family planning and responsible
parenthood.

If, for any reason, the information or instructions shall not have been given within the period required by law for the issuance of a
marriage license, a certification to that effect shall be given to the Civil Registrar by the Office of Family Planning and the former shall
withhold the issuance of the marriage license for a period of two weeks to enable the Family Planning Office to give instructions and
information and the applicants to receive the same. At the end of such period, when no instructions shall have been given, the Civil
Registrar may issue the marriage license.

Section 4. Assistance of National Office. Agencies of the National Government charged with the implementation of the Family Planning
program shall render assistance to family planning offices herein created.

Section 5. Penalties. Any member of the Office of Family planning who fails or refuses without just cause to give the instructions and the
certificate herein provided: any local Civil Registrar who issues the marriage license without the requisite certification from the Office of
Family Planning, or any person who obtains the certificate fraudulently, shall be subject to appropriate administrative or criminal charges.

Section 6. Rules and Regulation. The Commission on Population shall issue rules and regulations to implement the provisions of this
Decree.

Section 7. Repeal of Prior Law. All laws and ordinances inconsistent with the provisions of this Decree are hereby repealed or modified
accordingly.

Section 8. Effectivity. This Decree shall take effect immediately.

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Ceremony Article 28. 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, the marriage may be
Article 3. Formal Requisites solemnized without necessity of a marriage license.

Article 6. No prescribed form or religious rite for the solemnization of the marriage is required. It Article 29. In the cases provided for in the two preceding articles, the solemnizing officer shall
shall be necessary, however, for the contracting parties to appear personally before the state in an affidavit executed before the local civil registrar or any other person legally authorized
solemnizing officer and declare in the presence of not less than two witnesses of legal age that to administer oaths that the marriage was performed in articulo mortis or that the residence of
they take each other as husband and wife. This declaration shall be contained in the marriage either party, specifying the barrio or barangay, is so located that there is no means of
certificate which shall be signed by the contracting parties and their witnesses and attested by the transportation to enable such party to appear personally before the local civil registrar and that the
solemnizing officer. officer took the necessary steps to ascertain the ages and relationship of the contracting parties
and the absence of legal impediment to the marriage.
In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the
marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the Presumption of Marriage
name of said party, which fact shall be attested by the solemnizing officer.
Article 220. The parents and those exercising parental authority shall have with the respect to
Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open their unemancipated children on wards the following rights and duties:
court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as
the case may be, and not elsewhere, except in cases of marriages contracted on the point of death (1) To keep them in their company, to support, educate and instruct them by right
or in remote places in accordance with Article 29 of this Code, or where both of the parties precept and good example, and to provide for their upbringing in keeping with their
request the solemnizing officer in writing in which case the marriage may be solemnized at a means;
house or place designated by them in a sworn statement to that effect. (2) To give them love and affection, advice and counsel, companionship and
understanding;
Article 22. The marriage certificate, in which the parties shall declare that they take each other as (3) To provide them with moral and spiritual guidance, inculcate in them honesty,
husband and wife, shall also state: integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in
civic affairs, and inspire in them compliance with the duties of citizenship;
(1) The full name, sex and age of each contracting party; (4) To furnish them with good and wholesome educational materials, supervise their
(2) Their citizenship, religion and habitual residence; activities, recreation and association with others, protect them from bad company, and
(3) The date and precise time of the celebration of the marriage; prevent them from acquiring habits detrimental to their health, studies and morals;
(4) That the proper marriage license has been issued according to law, except in (5) To represent them in all matters affecting their interests;
marriage provided for in Chapter 2 of this Title; (6) To demand from them respect and obedience;
(5) That either or both of the contracting parties have secured the parental consent in (7) To impose discipline on them as may be required under the circumstances; and
appropriate cases; (8) To perform such other duties as are imposed by law upon parents and guardians.
(6) That either or both of the contracting parties have complied with the legal
requirement regarding parental advice in appropriate cases; and Section 3 (aa), Rule 131 of the Revised Rules of Court
(7) That the parties have entered into marriage settlement, if any, attaching a copy
thereof. (67a) (aa) That a man and woman deporting themselves as husband and wife have entered
into a lawful contract of marriage
Article 23. It shall be the duty of the person solemnizing the marriage to furnish either of the
contracting parties the original of the marriage certificate referred to in Article 6 and to send the
duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the
local civil registrar of the place where the marriage was solemnized. Proper receipts shall be
issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage
certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage
certificate, the copy of the marriage certificate, the original of the marriage license and, in proper
cases, the affidavit of the contracting party regarding the solemnization of the marriage in place
other than those mentioned in Article 8. (68a)

Article 24. It shall be the duty of the local civil registrar to prepare the documents required by this
Title, and to administer oaths to all interested parties without any charge in both cases. The
documents and affidavits filed in connection with applications for marriage licenses shall be
exempt from documentary stamp tax.

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VOID & VOIDABLE MARRIAGES

Void Marriages

Grounds
General Provisions (FC)

Article 4. The absence of any of the essential or formal requisites shall render the marriage
void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but the
party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable.

Article 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the
consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages
unless such marriages were contracted with either or both parties believing in
good faith that the solemnizing officer had the legal 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 party as to the identity
of the other; and
(6) Those subsequent marriages that are void under Article 53.

Article 53. Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent marriage shall
be null and void.

Psychological Incapacity (Family Code)

Article 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes manifest only after its solemnization.
(As amended by Executive Order 227)

-- was supposed to be a divorce law

-- based on grounds available in the Canon Law and harmonized Church annulment

Incestuous Marriages

Article 37. Marriages between the following are incestuous and void from the beginning,
whether relationship between the parties be legitimate or illegitimate:

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

(2) Between brothers and sisters, whether of the full or half blood. (81a)

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Marriages against Public Policy

Article 38. The following marriages shall be void from the beginning for reasons of public
policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up to

the fourth civil degree;(2) Between step-parents and 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. (82)

Marriage contracted during subsistence of previous marriage

Article 41. A marriage contracted by any person during subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the prior
spouse had been absent for four consecutive years and the spouse present has a well-
founded belief that the absent spouse was already dead. In case of disappearance where
there is danger of death under the circumstances set forth in the provisions of Article 391 of
the Civil Code, an absence of only two years shall be sufficient.

Article 44. If both spouses of the subsequent marriage acted in bad faith, 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. (n)

Exception:

PD 1083. A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE

SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS,
AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES

Article 41. A marriage contracted by any person during subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the prior
spouse had been absent for four consecutive years and the spouse present has a well-
founded belief that the absent spouse was already dead. In case of disappearance where
there is danger of death under the circumstances set forth in the provisions of Article 391 of
the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the
spouse present must institute a summary proceeding as provided in this Code for the
declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse. (83a)

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Marriages contracted without procuring judicial declaration of nullity of previous marriage (special) NCC

Article 40. The absolute nullity of a previous marriage may be invoked for purposes of Article 390. After an absence of seven years, it being unknown whether or not the absentee
remarriage on the basis solely of a final judgment declaring such previous marriage void. still lives, he shall be presumed dead for all purposes, except for those of succession.
(n)
The absentee shall not be presumed dead for the purpose of opening his succession till after
Actions to be brought an absence of ten years. If he disappeared after the age of seventy-five years, an absence of
Provisions five years shall be sufficient in order that his succession may be opened. (n)

Article 39. The action or defense for the declaration of absolute nullity of a marriage shall Article 391. The following shall be presumed dead for all purposes, including the division of
not prescribe. (As amended by RA 8533) the estate among the heirs:

Article 40. The absolute nullity of a previous marriage may be invoked for purposes of (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is
remarriage on the basis solely of a final judgment declaring such previous marriage void. missing, who has not been heard of for four years since the loss of the vessel or
aeroplane;
Article 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court (2) A person in the armed forces who has taken part in war, and has been missing
shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to for four years;
take steps to prevent collusion between the parties and to take care that evidence is not (3) A person who has been in danger of death under other circumstances and his
fabricated or suppressed. existence has not been known for four years.
In the cases referred to in the preceding paragraph, no judgment shall be based upon a Effects of Nullity
stipulation of facts or confession of judgment. (88a) Generally
Article 49. During the pendency of the action and in the absence of adequate provisions in a Article 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by
written agreement between the spouses, the Court shall provide for the support of the spouses Article 44 shall also apply in the proper cases to marriages which are declared ab initio or
and the custody and support of their common children. The Court shall give paramount annulled by final judgment under Articles 40 and 45.
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 The final judgment in such cases shall provide for the liquidation, partition and distribution
appropriate visitation rights of the other parent. 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
Marriage when one spouse is absent (special) judicial proceedings.
FC All creditors of the spouses as well as of the absolute community or the conjugal partnership
shall be notified of the proceedings for liquidation.
Article 41. A marriage contracted by any person during subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the prior In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated
spouse had been absent for four consecutive years and the spouse present has a well-founded in accordance with the provisions of Articles 102 and 129.
belief that the absent spouse was already dead. In case of disappearance where there is
danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Article 51. In said partition, the value of the presumptive legitimes of all common children,
Code, an absence of only two years shall be sufficient. computed as of the date of the final judgment of the trial court, shall be delivered in cash,
property or sound securities, unless the parties, by mutual agreement judicially approved, had
For the purpose of contracting the subsequent marriage under the preceding paragraph the already provided for such matters.
spouse present must institute a summary proceeding as provided in this Code for the
declaration of presumptive death of the absentee, without prejudice to the effect of The children or their guardian or the trustee of their property may ask for the enforcement of
reappearance of the absent spouse. (83a) the judgment.

Article 42. The subsequent marriage referred to in the preceding Article shall be The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the
automatically terminated by the recording of the affidavit of reappearance of the absent ultimate successional rights of the children accruing upon the death of either of both of the
spouse, unless there is a judgment annulling the previous marriage or declaring it void ab parents; but the value of the properties already received under the decree of annulment or
initio. absolute nullity shall be considered as advances on their legitime. (n)

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Article 52. The judgment of annulment or of absolute nullity of the marriage, the partition Article 43. The termination of the subsequent marriage referred to in the preceding Article
and distribution of the properties of the spouses and the delivery of the children's shall produce the following effects:
presumptive legitimes shall be recorded in the appropriate civil registry and registries of
property; otherwise, the same shall not affect third persons. (n) (1) The children of the subsequent marriage conceived prior to its termination shall be
considered legitimate;
Article 53. Either of the former spouses may marry again after compliance with the (2) The absolute community of property or the conjugal partnership, as the case may be, shall
requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or
be null and void. 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 there are none, the children of the guilty
Article 54. Children conceived or born before the judgment of annulment or absolute nullity spouse by a previous marriage or in default of children, the innocent spouse;
of the marriage under Article 36 has become final and executory shall be considered (3) Donations by reason of marriage shall remain valid, except that if the donee contracted
legitimate. Children conceived or born of the subsequent marriage under Article 53 shall the marriage in bad faith, such donations made to said donee are revoked by operation of
likewise be legitimate. law;
(4) The innocent spouse may revoke the designation of the other spouse who acted in bad
RPC
faith as beneficiary in any insurance policy, even if such designation be stipulated as
Article 349. Bigamy. - The penalty of prision mayor shall be imposed upon any person who irrevocable; and
shall contract a second or subsequent marriage before the former marriage has been legally (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to
dissolved, or before the absent spouse has been declared presumptively dead by means of a inherit from the innocent spouse by testate and intestate succession. (n)
judgment rendered in the proper proceedings.
Article 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall
Marriage where one spouse is absent 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.
Article 42. The subsequent marriage referred to in the preceding Article shall be
automatically terminated by the recording of the affidavit of reappearance of the absent
spouse, unless there is a judgment annulling the previous marriage or declaring it void ab
initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded in the
civil registry of the residence of the parties to the subsequent marriage at the instance of any
interested person, with due notice to the spouses of the subsequent marriage and without
prejudice to the fact of reappearance being judicially determined in case such fact is disputed.
(n)

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Voidable Marriages Action for annulment

General Provisions
Article 47. The action for annulment of marriage must be filed by the following persons
FC and within the periods indicated herein:
Article. 45. A marriage may be annulled for any of the following causes, existing at the
time of the marriage: (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
(1) That the party in whose behalf it is sought to have the marriage annulled was of twenty-one, or by the parent or guardian or person having legal charge of the
eighteen years of age or over but below twenty-one, and the marriage was minor, at any time before such party has reached the age of twenty-one;
solemnized without the consent of the parents, guardian or person having
substitute parental authority over the party, in that order, unless after attaining (2) For causes mentioned in number 2 of Article 45, by the same spouse, who
the age of twenty-one, such party freely cohabited with the other and both lived had no knowledge of the other's insanity; or by any relative or guardian or
together as husband and wife; 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;
(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) For causes mentioned in number 3 of Articles 45, by the injured party, within
five years after the discovery of the fraud;
(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 (4) For causes mentioned in number 4 of Article 45, by the injured party, within
cohabited with the other as husband and wife; five years from the time the force, intimidation or undue influence disappeared
or ceased;
(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 (5) For causes mentioned in number 5 and 6 of Article 45, by the injured party,
freely cohabited with the other as husband and wife; within five years after the marriage. (87a)

(5) That either party was physically incapable of consummating the marriage Article. 48. In all cases of annulment or declaration of absolute nullity of marriage, the
with the other, and such incapacity continues and appears to be incurable; or Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the
State to take steps to prevent collusion between the parties and to take care that evidence is
(6) That either party was afflicted with a sexually-transmissible disease found to not fabricated or suppressed.
be serious and appears to be incurable. (85a)
In the cases referred to in the preceding paragraph, no judgment shall be based upon a
Article. 46. Any of the following circumstances shall constitute fraud referred to in Number stipulation of facts or confession of judgment.
3 of the preceding Article:
Effects
(1) Non-disclosure of a previous conviction by final judgment of the other party
of a crime involving moral turpitude; FC
Article 49. During the pendency of the action and in the absence of adequate provisions in a
(2) Concealment by the wife of the fact that at the time of the marriage, she was written agreement between the spouses, the Court shall provide for the support of the
pregnant by a man other than her husband; 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
(3) Concealment of sexually transmissible disease, regardless of its nature, of the parent with whom they wish to remain as provided to in Title IX. It shall also provide
existing at the time of the marriage; or for appropriate visitation rights of the other parent. (n)
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or Article 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by
lesbianism existing at the time of the marriage. Article 44 shall also apply in the proper cases to marriages which are declared ab initio or
annulled by final judgment under Articles 40 and 45.
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. 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

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delivery of third presumptive legitimes, unless such matters had been adjudicated in Pertinent Rules
previous judicial proceedings.
1. A.M. No. 02-11-10-SC (RULE ON DECLARATION OF ABSOLUTE NULLITY OF
All creditors of the spouses as well as of the absolute community or the conjugal partnership VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES)
shall be notified of the proceedings for liquidation.
2. A.M. No. 02-11-12-SC (RULE ON PROVISIONAL ORDERS)
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. 3. A.M No. 01-11-01-SC, March 15, 2003

[Link] 51. In said partition, the value of the presumptive legitimes of all common children,
computed as of the date of the final judgment of the trial court, shall be delivered in cash,
property or sound securities, unless the parties, by mutual agreement judicially approved,
had already provided for such matters.

The children or their guardian or the trustee of their property may ask for the enforcement
of the judgment.

The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the
ultimate successional rights of the children accruing upon the death of either of both of the
parents; but the value of the properties already received under the decree of annulment or
absolute nullity shall be considered as advances on their legitime. (n)

Article 52. The judgment of annulment or of absolute nullity of the marriage, the partition
and distribution of the properties of the spouses and the delivery of the children's
presumptive legitimes shall be recorded in the appropriate civil registry and registries of
property; otherwise, the same shall not affect third persons. (n)

Article 53. Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent marriage shall
be null and void.

Article 54. Children conceived or born before the judgment of annulment or absolute
nullity of the marriage under Article 36 has become final and executory shall be considered
legitimate. Children conceived or born of the subsequent marriage under Article 53 shall
likewise be legitimate.

Jurisdiction

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