Wednesday, October 2, 2019 9:51 PM

BRIEF HISTORY
• Signed into law by President Corazon Aquino
• July 6, 1987 - E.O. No. 209
• Drafted by the CIVIL CODE REVISION COMMITTEE
○ Justice J.B.L. Reyes (Chairman)
○ Justice Ricardo C. Puno (Co-Chairman)
○ Justice Eduardo C. Caguioa
○ Justice Flerida Ruth P. Romero
○ Justice Leonor Ines Luciano
○ Justice Alicia Sempio Diy
○ Dean Fortunato Gupit, Jr.
○ Dean Bartolome S. Carale
○ Prof. Ruben F. Balane
○ Prof. Esteban Bautista
○ Prof. Araceli T. Baviera
○ Ms. Flora Eufemio (DSWD)
• Draft was finished on May 4, 1987
• Was submitted too Pres. Aquino for approval because there was NO CONGRESS at that time.
• E.O. 209 was amended by E.O. 227 (July 17, 1987)
• Article 257 - Effectivity (1 year after its publication: Newspaper and Official Gazette)
• Last Publication: Aug. 4, 1987 (leap year); one year period falls on Aug. 3, 1988.

TITLE I
MARRIAGE
CHAPTER ONE
REQUISITES OF MARRIAGE

A. DEFINITION OF MARRIAGE (ART. 1)

: special contract of permanent union between a man and woman.
: foundation of family and inviolable social institution.
1. Art. 15 (22) of 1987 CONSTITUTION:
○ “Marriage is an inviolable social institution, is the foundation of the family and sha
2. Gender is an important factor as it involves legal capacity of parties to contract marriage.
3. Creates SOCIAL STATUS which STATE HAS AN INTEREST.
○ RA No. 6955 (THE ACT PROHIBITING MAIL ORDER BRIDE)
penalizing any person or entity who carries on a business of matching Filipino wome
5. Validity of marriage is determined by law in force at that time of the celebration of marriage.
6. Marriage between man and woman before the effectivity of the Family Code and without a ma
.

all be protected by the states.”

en for marriage with a foreigner.

arriage license because they

 ○ “Marriage is an inviolable social institution, is the foundation of the family and sha
2. Gender is an important factor as it involves legal capacity of parties to contract marriage.
3. Creates SOCIAL STATUS which STATE HAS AN INTEREST.
○ RA No. 6955 (THE ACT PROHIBITING MAIL ORDER BRIDE)
penalizing any person or entity who carries on a business of matching Filipino wome
5. Validity of marriage is determined by law in force at that time of the celebration of marriage.
6. Marriage between man and woman before the effectivity of the Family Code and without a ma
executed an affidavit of cohabitation for five years without any legal impediment is VOID.
7. Marriage Settlement (Pre-Nuptial Agreement)
○ Agreement between prospected husband and wife which is entered before the ceremony
regime that they will use during their marriage:
a. absolute community
b. conjugal partnership - acquired only during marriage through labor or industry. Ex. Salary,
c. complete separation
8. If a person is an intersex of hermaphrodite, the person has the discretion to determine his gend
majority; with good reason thinks of his/her sex. (Republic vs. Jennifer Cagandahan)
9. Marriages valid before but no longer valid now
○ EX. psychological incapacity as a ground to declare marriage void.
10. Marriages not valid before but valid now
○ EX. Before prohibited to marry step-siblings but in the new Family Code it now allows.

MARRIAGE AS SPECIAL CONTRACT ORDINARY CONTRACT

Govern by Family Code Governed by Law on Contracts
Inviolable social institution NOT
Not subject to stipulations between parties Governed by Stipulations of Parties.
EXCEPT: Marriage settlement
Only two parties (Male and Female) Many parties and gender is immaterial
Terminated by death or annulment due to legal Terminated upon expiration of term, upon
cause. fulfillment of the conditions
Cannot be restricted by discriminatory policies
of private individuals or corporations.

STAR PAPER CORPORATION V. DUNCAN V. GLAXO

SIMBOL
SC ruled that company policies prohibiting
employees of the same company from
marrying each other is an invalid exercise of
management prerogative for the failure of the
employer to present any evidence of business
necessity.
Prohibition to marry an employee of a
competing company stipulated in the
employment contract is VALID as it is
reasonable under the circumstances because
relationship of employees of 2 competing
companies MAY PREJUDICE THE
INTEREST OF THE COMPANY.
all be protected by the states.”

en for marriage with a foreigner.

arriage license because they

y as to the type of property

, Income on business

der upon reaching the age of

.
marrying each other is an invalid exercise of
management prerogative for the failure of the
employer to present any evidence of business
necessity.
employment contract is VALID as it is
reasonable under the circumstances because
relationship of employees of 2 competing
companies MAY PREJUDICE THE
INTEREST OF THE COMPANY.

B. ESSENTIAL REQUISITES (ART. 2)

1. Legal Capacity of Contracting Parties (Male and Female)
2. Consent freely given in the presence of the SOLEMNIZING OFFICER.
LEGAL CAPACITY
1. 18 YEARS OLD and above.
: RA No. 6809 (Lowering Age of Majority from 21 to 18 yo)
2. One must be a man and a woman.
3. ART. 5 - Neither of the parties must be suffering from legal impediment to marry each other (Ar
CONSENT
: NOT vitiated by fraud, intimidation, force and undue influence.
: giving consent must be done in the presence of Solemnizing Officer.
: MARRIAGE BY PROXY IS NOT VALID IN PH.
C. FORMAL REQUISITES (ART. 3)
1. Authority of Solemnizing Officer (must be authorized by law to solemnize marriage)
○ Exception: Article 35(2) Good Faith as to the authority of S.O.
2. Valid marriage license exceptions under Chapter 2.
3. Marriage Ceremony takes place with appearance of the contracting parties before S.O. and their pe
presence of NOT LESS THAN TWO WITNESSES OF LEGAL AGE.
D. ABSENCE, DEFECT AND IRREGULARITIES IN THE ESSENTIAL AND FORMAL RE
: void ab initio (void from the very beginning)
: DEFECT (Essential Requisites) - Voidable Marriage (consent vitiated by fraud or intimidation)
: IRREGULARITY (Formal Requisites) - Doesn’t affect the validity; parties shall be civilly, crimina

I. CASES OF DEFECTS
VOID when there is ABSENCE of:
1. Authority to Solemnize Marriage - XPN: parties believed in good faith.
2. Marriage Ceremony
3. Consent not made (Marriage by Proxy)
4. Valid Marriage License
§ GROUNDS:
○ must be apparent on the contract; OR
○ certification from the LCR that there was no license made.
VALID CONSENT:
a. freely given - contracting parties strongly and deliberately enter into marriage.
b. made in presence of solemnizing officer
II. CASES OF IRREGULARITIES
a. Marriage solemnize in place other than church/ chamber of judge;
b. Absence of 2 witness of Legal age.
c. Issuance of license neither the parties reside.
d. Issuance of license without required supporting papers or documents;
e. Absence of marriage contract;
f. Issuance of license despite parties failed to present parental consent;
g. IOL despite absence of posting or publication;
h. Failure to undergo marriage counseling;
rticle 37 & Article 38)

ersonal declaration in the

EQUISITES (ART. 4)

ally and administratively liable.

c. Issuance of license neither the parties reside.
d. Issuance of license without required supporting papers or documents;
e. Absence of marriage contract;
f. Issuance of license despite parties failed to present parental consent;
g. IOL despite absence of posting or publication;
h. Failure to undergo marriage counseling;
i. Failure to pay the required fee for marriage license;

E. PERSONS DULY AUTHORIZED TO SOLEMNIZED MARRIAGE (ART. 7)

1. Incumbent Judges (within their territorial jurisdiction)
2. Incumbent Mayor
3. Priest, Rabbi, Imam or Minister of any church or religious sect duly authorized by the Church.
4. Ship Captain or Airplane Chief
5. Military commander
6. Any consul-general, consul or vice-consul
* Priests of Roman Catholic as well as with other sectors must be registered under the MSO in Mani
LCR)
F. VENUE OF MARRIAGE (ART. 8)
: solemnized publicly in the chambers of the judge or in open court, in the general, consul or vice-co
○ XPN: 1. cases of articulo mortis, far-flung areas
2. parties thru a written letter of a sworn statement requests S.O. to solemnize e
1. The venue of marriage is not mandatory but directory in nature; the solemnizing officer maybe
outside the venue stated by law.
2. A marriage solemnized by a Judge outside his territorial jurisdiction is still valid as it merely c
of the formal requisites of marriage.

G. MARRIAGE LICENSE (WHO CAN ISSUE?)

ART. 9 - Office of the LCR in a city or municipality where either contracting party resides.
○ this shall serve as an authority given by the state to contract marriage.
○ ML issued where neither of the party resides: IRREGULARITY OF FORMAL REQUI
ART. 10 - Consul or V-Consul of the Republic of PH (Marriage between BOTH FILIPINO citizens
○ Consul acts as the LCR and Solemnizing Officer
H. APPLICATION FOR MARRIAGE LICENSE
ART. 11 - Each of contracting party shall file a SEPARATE sworn application to the proper LCR.
ATTACHED TO THE MARRIAGE LICENSE ARE THE FF:

ART. 12 Birth Certificate / Baptismal Certificate

• to identify whether parties are of legal age and legally capacitated to
contract marriage.
XPN:
A. Parents personally appear before LCR and attest;
B. LCR, merely looking at the parties;
C. Party has previously married.
ART. 13 Previously married
• Death certificate (deceased spouse)
• Judicial Decree of absolute Divorce, annulment or declaration of nullity
of marriage.
ART. 14 Parental Consent (ages 18 and 21)
ila. (Head of Local Office of

onsul, as the case may be

elsewhere.
e held liable for solemnizing

considered an irregularity in one

ISITES
abroad)
ART. 13 Previously married
• Death certificate (deceased spouse)
• Judicial Decree of absolute Divorce, annulment or declaration of nullity
of marriage.
ART. 14 Parental Consent (ages 18 and 21)
• ABSENCE: Marriage is Voidable
• Father’s consent is more preferred.
ART. 15 Parental Advice (ages 21 and 25)
• ABSENCE: withhold the issuance of ML until after 3 months of
publication.
ART. 16 Certificate of Marriage Counseling (Parental Consent/Advice)
I. DUTY OF THE LOCAL CIVIL REGISTRAR
ART. 17
1. Prepare a notice that contains the full names and residence of the applicants;
2. Notice posted 10 consecutive days on a bulletin board outside the office of LCR (conspicuous
3. ML issued after completion of publication.
ART. 18 - any impediment shall be made known to the LCR and must take note the particulars.
• XPN: issuance of ML must still be recognized UNLESS restrained by court, own instance or a
ART. 19 - payment fee of P300.00
• XPN: FREE OF CHARGE to Indigent Parties (no visible means of income or insufficient)
1. established by fact of affidavit; OR
2. oath before LCR.
J. LIFE OF MARRIAGE LICENSE (ART. 20)
1. 120 days in any part of the PH
2. deemed automatically cancelled upon reaching the expiration period.
• Marriage made use of expired ML: VOID AB INITIO.
K. CERTIFICATE OF LEGAL CAPACITY TO MARRY (ART. 21)
○ persons capacity to contract marriage is determined by their own national law. (Art. 15)
○ ML not required for BOTH foreigners who solemnized marriage in PH if their national

EITHER OR BOTH PARTIES ARE FOREIGNERS • before ML;

• submit first a certificate of
legal capacity to marry
issued by DIPLOMATIC/
CONSULAR OFFICIALS.
STATELESS PERSONS/ REFUGEES • Submit an affidavit stating
that they are capacitated to
contract marriage.
L. MARRIAGE CERTIFICATE
○ NOT Essential Requisite for Validity of marriage
ART. 22 - Components of MC:
1. full name, sex and age of each CP;
2. citizenship, religion and habitual residence;
3. date and precise time of celebration of marriage;
4. been issued according to law except as provided in Chapter 2;
5. either or both of CP secured parental consent in appropriate cases;
s place)

any other party.

)
law allows the same.
 ○ NOT Essential Requisite for Validity of marriage
ART. 22 - Components of MC:
1. full name, sex and age of each CP;
2. citizenship, religion and habitual residence;
3. date and precise time of celebration of marriage;
4. been issued according to law except as provided in Chapter 2;
5. either or both of CP secured parental consent in appropriate cases;
6. either or both of CP coupled with parental advice;
7. parties have entered into a marriage settlement, if any, attaching a copy thereof.
ART. 23 - Duty of S.O. to furnish copies of MC, 15 days after the marriage was solemnized.
1. either of the contracting parties (Original Copy)
2. LCR (Duplicate and Triplicate copies)
3. Solemnizing Officer together with the Marriage License
ART. 24 - Duty of LCR
1. Prepare the documents and administer the oaths to any parties without charge.
2. Documents and Affidavits in relation to issuance of ML shall be exempt from documentary sta
ART. 25 - LCR shall enter all applications of ML into a registry book.
1. A man and woman living together for more than 50 years are always presumed marriage even
○ SEMPER PRAESUMITUR PRO PATRIMONIO (Always presume marriage)
2. Marriage may be proved as evidence of any kind such as parol of evidence or testimony by on
the marriage, or by person who solemnize the same.
3. The evidence to prove the invalidity of the marriage may even be presented for the first time o
M. LEX LOCI CELEBRACIONES RULES ON MARRIAGE (ART. 26)
:marriage solemnized outside PH shall be considered valid if the law in that country provides for its v
EXCEPTIONS:
I. Art. 35 (1)(4)(5) and (6), Art. 36-38
II. If it is repugnant to our country’s laws and policy, our court is not bound by comity to give eff
conservator of its own moral and good order of society.
1. Where a marriage between a Filipino citizen and a Foreigner is validly celebrated and a divorc
abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewis
under PH law.
2. Same cannot be recognize valid here if it is one of the void marriages based on the ff. instanc
A. if the party who is a Filipino and below 18 y.o.
B. marriage is bigamous or polygamous not falling under Art. 41
C. if contracted through mistake of identity of the other party
D. if the party of the previous marriage has been annulled or declared void, contracts a second
the judicial decree with LCR (Art. 53)
E. where one of the party is psychologically incapacitated (Art. 36)
F. marriages considered incestuous /sexual intercourse with a parent, child, sibling, or grandch
G. marriages against public policy. (Art. 38)
3. ABSOLUTE DIVORCE obtained by a Filipino spouse abroad is not recognized as valid here b
Nationality Theory.
○ Art. 15. “A person is governed by his national law wherever he may go when it comes
status, conditions and legal capacity is concerned.”
4. MIXED MARRIAGE:
○ Foreigner spouse obtained divorce abroad and capacitating him to remarry;
○ Same will also be recognized in PH; Filipino spouse can also remarry.
• NOTE: It must be the Foreigner spouse who should obtain a decree of divorce in accordance t
5. FILIPINO WHO WERE NATURALIZED ABROAD (OBTAINED FOREIGN CITIZENSHI
○ can be recognized in PH and other spouse is also capacitated to remarry here.
amp tax.

no ML could be shown.

ne of the parties or witnesses to

on appeal.

validity. (International Comity)

fect on it because our state is a

ce is thereafter validly obtained

se have capacity to remarry

ces:

d marriage but failed to record

hild/ (Art. 37)

because we adhere to

to family rights and duties,

to his National Law.

IP)
 4. MIXED MARRIAGE:
○ Foreigner spouse obtained divorce abroad and capacitating him to remarry;
○ Same will also be recognized in PH; Filipino spouse can also remarry.
• NOTE: It must be the Foreigner spouse who should obtain a decree of divorce in accordance t
5. FILIPINO WHO WERE NATURALIZED ABROAD (OBTAINED FOREIGN CITIZENSHI
○ can be recognized in PH and other spouse is also capacitated to remarry here.
6. Copy of divorce decree must comply with the Rules on Evidence of our Court

REQUIREMENTS PRESENTING THE

DIVORCE DECREE OF A FOREIGN
LAW:
Copy of Official Publication
Copy attested by Officer having Legal Custody
Off. Pub must be accompanied with certificate
that attested Officer has legal custody
Certificate maybe issued by any authorized PH
embassy or consular officials stationed in
Foreign country where the record is kept and
authenticated with seal.
Attestation must be a correct copy of the
original under seal of A.O.
7. A husband cannot anymore claim an interest in the property acquired by his Filipino spouse af
that under PH law; marriage is still subsisting.
8. DIVORCE DECREE; recognized in PH if it is established as Fact.

CHAPTER 2
MARRIAGES EXEMPT FROM MARRIAGE LICENSE REQUIREMENT

DEFINITION
ARTICULO MORTIS (ART. • when either of both of
27) the parties are at point of
• necessity and death
practicability • Still considered valid
even if ailing party
survives.
FAR and REMOTE PLACE • residence of either the
(ART.28) party is located when
• encourage parties to there is no means of
marry and legalize transportation to enable
DOCUMENTS
• ART. 29
• execute an affidavit
before LCR
• stating marriage was
solemnized under
articulo mortis
• S.O. ascertained all the
age and relationship of
the parties
• was convinced there
was no legal
impediment to marry.
• ART. 29
• execute an affidavit
after celebration
• stating that marriage
 to his National Law.
IP)

fter the divorce on the ground

PROCESS
• ART. 30
• original copy of
affidavit submitted
by S.O. to LCR of the
municipality where
marriage was
performed.
• within the period of
30 days

• ART. 30
• original copy of
affidavit submitted
by S.O. to LCR of the

FAR and REMOTE PLACE
(ART.28)
• encourage parties to
marry and legalize
relationship
MUSLIM LAWS or
MEMBERS OF ETHNIC
CULTURAL
COMMUNITIES (ART. 33)
• Code of
Muslim Personal Laws
of PH (P.D. No. 1083)
• Feb. 4, 1977
RATIFICATION OF
MARITAL
COHABITATION (ART. 34)
• publicity attending a ML
may discourage such
person who have lived in
a state of cohabitation
from legalizing their
status.
CHAPTER 3
VOID AND VOIDABLE MARRIAGES
A. VOID AB INTIO MARRIAGES (ART. 35)
: void from the very beginning.
1. Contracted by parties below 18 y.o. (even with consent)
2. Solemnized by persons not legally authorized
was no legal
impediment to marry.
• residence of either the • ART. 29
party is located when • execute an affidavit
there is no means of after celebration
transportation to enable • stating that marriage
such party to appear was solemnized in a
before LCR. Far and remote place;
• S.O. ascertained the
age and relationship of
the parties;
• no legal impediment to
marry.
• necessary that both
parties are Muslims or
members of ethnic
cultural communities.
• if between Muslim and
Non-Muslim; should be
governed by Fam Code.
• 2 conditions must • execute a joint
CONCUR: affidavit stating
• parties have already been foregoing act.
living together as • notarized by a person
husband and wife for at duly authorized to
least 5 years administer the oath.
• no legal impediment • S.O. must
to marry at the time they first ascertain the
decide to marry each qualifications of the
other. parties and found no
legal impediment to
marry each other.
• FAILURE TO
PERFORM: doesn’t
invalidate the
marriage.
• ART. 30
• original copy of
affidavit submitted
by S.O. to LCR of the
municipality where
marriage was
performed.
• within the period of
30 days

• person who notarizes

the affidavit
SHOULD NOT be
the same person who
will solemnize
marriage.
• FALSITY OF
AFFIDAVIT:
Marriage is
considered VOID AB
INITIO.
CHAPTER 3
VOID AND VOIDABLE MARRIAGES

A. VOID AB INTIO MARRIAGES (ART. 35)

: void from the very beginning.
1. Contracted by parties below 18 y.o. (even with consent)
2. Solemnized by persons not legally authorized
○ XPN: parties believed it was conducted in Good Faith.
3. No Marriage License
4. Bigamous or Polygamous marriage
○ contracting 2nd marriage without declaring 1st marriage void.
5. Contracted through mistake of Identity
6. Subsequent marriage under Art. 53
○ without complying to the requisites in declaring the 1st marriage void.

VOID MARRIAGES VOIDABLE MARRIAGES

void from the very beginning valid until annulled
Defective from the very beginning and cannot be Can be ratified
ratified
Can be attacked Collaterally Only be attacked directly
(nullity of marriage can be raised even after death of (can be questioned only during the lifetime
parties) involved)
• not the principal or main issue but necessary to - purpose is to remarry based from the fina
the resolution of the main case. of the declaration.
Ex. Settlement of estate
Action to declare nullity is imprescriptible Action to annul prescribes
GEN. RULE: can only be assailed by the parties to the GEN. RULE: can be questioned by other
marriage. parents of a party in the case of absence of
B. VOID BECAUSE OF PSYCHOLOGICAL INCAPACITY (ART. 36)
: failure to comply with marital obligations of marriage renders the marriage void even it was manife
: E.O. No. 227 on July 17, 1987
1. Not insanity or mental illness; rather is a person who cannot perform the essential marital obli
to perform these obligations although physically capable of doing so.
2. “Lack of appreciation of marital obligation”
3. Action to declare marriage void based on Art. 36 can be filed even by the incapacitated party.
4. Party who is declared P.I. can still contract a 2nd marriage as this ground is very personal and
○ one may be incapacitated with respect to one partner, but not necessarily with respect to
5. NO MORAL DAMAGES CAN BE RECOVERED:
○ because the person who is P.I. is not aware of his incapacity and therefore not held liabl
6. Expert testimonies of a psychologist or psychiatrist evaluating the behavioral pattern of he pe
extremely helpful (Matias v. Dagdag)
3 ESSENTIAL
CHARACTERISTICS
JURIDICAL already existing at the time of
ANTECEDENT the celebration of marriage
GRAVITY a serious defect
S

e of the parties

al judgement

persons like
f consent.

ested only after solemnization.

igations as he/she simply refuses

limited one.
o all.

le.
erson alleged to be P.I. are
 3 ESSENTIAL
CHARACTERISTICS
JURIDICAL already existing at the time of
ANTECEDENT the celebration of marriage
GRAVITY a serious defect
INCURABILITY not curable
C. VOID BECAUSE INCESTUOUS (ART. 37)
: tend to create confusion of rights and duties incident to family relations.
: abhorrent to the nature
: often result in deficient and degenerate offspring
GROUNDS TO CONSIDER:
1. between ascendants and descendants of any degree.
2. between brothers and sisters, whether full or half-blood.

D. VOID BECAUSE AGAINST PUBLIC POLICY (ART. 38)

: doesn’t serve the fundamental objective of the state “To nurture a stable family unit that can effecti
society.”
GROUNDS TO CONSIDER:
1. Between collateral blood relatives (legitimate or illegitimate) up to 4th civil degree;
2. Step-parents and step-children;
3. Parents-in-law and children-in-law;
4. Adopting parent and the adopted child;
5. Surviving spouse of the adopting parents and the adopted child;
6. S.P. of the child and the adopter;
7. Adopted child and legitimate child of the adopter;
8. Adopted children of the same adopter; (adoption creates an artificial relationship)
9. Parties where one with the intention to marry the other, killed that other person’s spouse or his

VALID MARRIAGE
adopted and the parents of his adopter;
. adopted and the ILLEGITIMATE Children of his
adopter;
adopts and relatives of his adopted;
adopted and the former spouse of his adopter OR
between the adopter and the former spouse of his
adopted;
stepbrother and stepsister
E. PRESCRIPTIVE PERIOD (ART. 39)
: Action or defense for the declaration of absolute nullity of marriage shall not prescribe.
: E.O. No. 227 - July 1987 and further amended by R.A.No. 8533 - February 23, 1998
1. No prescriptive period fro an action to declare the marriage void because a null and void marri
(NON-EXISTENT)
2. Only the husband or the wife can file an action to declare their marriage void.
F. VOID SUBSEQUENT MARRIAGE (ART. 40)
: ABSOLUTE NULLITY of MARRIAGE maybe invoke for purpose for REMARRIAGE.
: There must be FINAL JUDGEMENT declaring PREVIOUS MARRIAGE VOID.
ively be the foundation of

s or her own spouse.

iage produces no legal effect.

: E.O. No. 227 - July 1987 and further amended by R.A.No. 8533 - February 23, 1998
1. No prescriptive period fro an action to declare the marriage void because a null and void marri
(NON-EXISTENT)
2. Only the husband or the wife can file an action to declare their marriage void.
F. VOID SUBSEQUENT MARRIAGE (ART. 40)
: ABSOLUTE NULLITY of MARRIAGE maybe invoke for purpose for REMARRIAGE.
: There must be FINAL JUDGEMENT declaring PREVIOUS MARRIAGE VOID.
1. FINAL JUDGEMENT: Declaration of a void marriage must be rendered by the court of a com
party can contract a subsequent marriage.
2. Accused may still be charged of Bigamy, even if there is subsequent declaration of nullity on t
that the 1st marriage was still subsisting when the 2nd marriage was celebrated.
3. FAMILY CODE HAS NO RETROACTIVE EFFECT (impair the vested rights)
- even if 1st marriage (void) was celebrated before the Family Code;
- subsequent marriage was made after the effectivity of the New F.C.;
- there is need to have 1st marriage declared void first prior contracting to 2nd marriage.

G. DECLARATION OF PRESUMPTIVE DEATH (ART. 41)

: summary of judicial proceedings of the court for the declaration of presumptive death.
1. A spouse has been absent for 4 consecutive years and present spouse has a “reasonable and w
spouse was already dead.
○ his or her belief was the result of diligent and reasonable efforts and inquiries; exertion
one)
EXCEPTION: when there is danger of death; maybe reduced to 2 years.
i.Vessel/ Airplane- lost during sea voyage/ during when the plane is missing
ii. Armed Forces - taken part in war and was missing in combat.
iii. Absent spouse has been in danger of death under other circumstances.
2. If absent spouse turns out to be alive; subsequent marriage contracted by present spouse may b
execution of AFFIDAVIT OF REAPPEARANCE.
○ 2nd marriage: Bigamous but Valid Marriage
○ only way a present spouse can remarry; absent spouse be DECLARED PRESUMPTIVE

4 ESSENTIAL REQUISITES FOR REAPPEARANCE OF EFFECTS OF

DECLARATION OF PRESUMPTIVE ABSENT SPOUSE (ART. 42) MAR
DEATH
• absent spouse missing for 4 years and • execute an AFFIDAVIT • children
disappearance occurred when there is of REAPPEARANCE legitima
danger of death under circumstance. • (operative act to dissolve
2nd marriage and revive
1st marriage)
• present spouse wishes to remarry. • WHO? - absent spouse • conjuga
itself; parents; children dissolve
○ s
e
p
• absentee spouse has a “well-founded • WHERE? - Office of • Donatio
belief” that absentee is dead. LCR where present and the spo
2nd spouse lived. operatio
• present spouse files SUMMARY OF • NO AFFIDAVIT • Innocen
 iage produces no legal effect.

mpetent jurisdiction first before a

the second marriage, provided

well-founded belief” that absent

of active effort (not a passive

be terminated ONLY upon

ELY DEAD BY THE COURT.

F TERMINATION OF 2ND
RRIAGE (ART. 43)

n of 2nd marriage are still

ate

al partnership (2nd marriage) is

e
spouse in bad faith is not
entitled for a share in the net
profit.
on propter nuptials in favor of
ouse in bad faith are revoked by
on of law.
nt spouse any revoke the
 e
p
• absentee spouse has a “well-founded • WHERE? - Office of • Donatio
belief” that absentee is dead. LCR where present and the spo
2nd spouse lived. operatio
• present spouse files SUMMARY OF • NO AFFIDAVIT • Innocen
PROCEEDINGS for declaration of EXECUTED? - 2nd designa
P.D. of the absent spouse. marriage still continues to as bene
exist. even if
• Spouse
disqual
innocen
ART. 44
• If either s
marriage
is VOID.

VOIDABLE MARRIAGE
H. GROUNDS FOR ANNULMENT OF MARRIAGE

GROUNDS (ART. 45) WHO CAN ANNUL PRESCRIPTIVE

PERIOD (ART. 47)
• Lack of Parental Consent • Parents of the Parties Parents: before parties
(ages 18 and 21) • Parties itself reaching 21 years

• A party is of Unsound Mind
(Mentally Insane)
• Consent is vitiated by
FRAUD (Art. 46)
- Concealment at the time of marriage
• Consent is vitiated by Force,
Intimidation or undue
Influence
• A party is physically
incapable of consummating
the marriage
-Impotency(incapable of performing
sex) on the part of the husband;
existing at the time of marriage.
• Parents of the Party who Anytime before the death
is of unsound mind. of any parties.
• Party itself provided
acted within inclusive
interval
5 years from discovery of
fraud
within 5 years from the
time force or
intimidation or undue
influence ceases
5 years from the time
of marriage
entitled for a share in the net
profit.
on propter nuptials in favor of
ouse in bad faith are revoked by
on of law.
nt spouse any revoke the
ation of the spouse in bad faith
eficiary in any insurance policy
the designation is irrevocable.
e in bad faith shall be
lified to inherent from the
nt spouse.

spouse in the subsequent

acted in bad faith, the marriage

f
 • A party is physically 5 years from the time
incapable of consummating of marriage
the marriage
-Impotency(incapable of performing
sex) on the part of the husband;
existing at the time of marriage.
• DOCTRINE OF TRIENNIAL
COHABITATION
• A party is inflicted with STD 5 years from the time
that is found to be serious and of marriage
incurable

J. PROCEDURES IN ANNULMENT AND NULLITY OF MARRIAGE

: governed by Supreme Court En Banc Reso No. A.M. No. 02-11-10-SC
: took effect on March 15, 2003.
ART. 48- must be filed in Family Court
1. Service of Summons (attach copy of complaint)
2. If NO answer, no declaration of default: plaintiff still need to present the case even without rep
3. Order the prosecutor to appear for the State.
4. NO judgement shall be based upon stipulation of facts or confusion of judgement.
ART. 49 - during pendency of action and absence of adequate provisions of written agreement
1. Court shall provide for support of spouses and custody of children;
2. Give paramount consideration to the moral and material welfare of children of the choice of pa
remain.
○ Shall also provide appropriate visitation rights of the other parent.
ply of defendant.

arent with whom they wish to