FAMILY CODE OF THE PHILIPPINES

A. Marriage - According to Article 45 of the Family Code of the Philippines, marriage is a special contract
between a man and a woman, entered into in accordance with law, for the establishment of conjugal
and family life.

1. Essential Requisites for Marriage:

 Legal Formalities: Following legal procedures is necessary to create a valid marriage. This
typically involves obtaining a marriage license, having a marriage ceremony performed by an
authorized officiant, and ensuring the marriage is registered with the appropriate government
agency.
 Proper Ceremony: In many jurisdictions, a marriage ceremony is required to solemnize the
marriage. The ceremony can be religious or civil, but it should adhere to local laws and customs.
Witnesses may be required to be present and sign the marriage certificate.

2. Marriage exempt from marriage license

Marriages of exceptional character as determined by the court.

2. Marriages among Muslims or members of indigenous cultural communities.

3. Marriages where the contracting parties have lived together as husband and wife for at least five
years.

4. Marriages in remote areas where obtaining a marriage license is impractical.

5. Marriages under any other circumstance as authorized by the Family Code or special laws.

3. Marriage under exceptional circumstances

Marriages under exceptional circumstances in the Philippines refer to situations where the court
determines that a marriage can proceed even without a marriage license. These circumstances are
evaluated on a case-by-case basis and may include:

1. Serious illness or impending death of one of the parties involved.

2. Impending military deployment or wartime conditions.

3. Cases involving security or safety concerns.

4. Situations involving members of the diplomatic corps.

5. Other extraordinary circumstances as determined by the court.

4. Void and Voidable Marriage

Article 35 explains that certain marriages are considered void from the very beginning, meaning they are
not legally recognized. These include:

1. Marriages involving any party below 18 years of age, even with parental or guardian consent.

2. Marriages performed by someone who is not legally authorized to do so, unless both parties believed
in good faith that the person had the legal authority.

3. Marriages performed without a marriage license, except for those covered in the previous chapter.

4. Bigamous or polygamous marriages, unless they fall under Article 41.

5. Marriages based on a mistaken identity of one of the parties.

6. Subsequent marriages that are void as per Article 53.

Article 36, it states that a marriage will be void if one of the parties is psychologically incapable of
fulfilling the essential responsibilities and obligations of marriage, even if this incapacity becomes
apparent after the wedding ceremony.

Article 37 states that marriages between certain relatives are considered incestuous and void from the
beginning. These relationships include marriages between ascendants and descendants of any degree,
as well as between full or half-blood brothers and sisters.

Article 38 states that certain marriages are considered void from the beginning due to reasons of public
policy. These include:

1. Marriages between blood relatives, whether they are legitimate or illegitimate, up to the fourth
degree of relation.

2. Marriages between step-parents and step-children.

3. Marriages between parents-in-law and children-in-law.

4. Marriages between an adopting parent and the adopted child.

5. Marriages between the surviving spouse of an adopting parent and the adopted child.

6. Marriages between the surviving spouse of an adopted child and the adopter.

7. Marriages between an adopted child and a legitimate child of the adopter.

8. Marriages between adopted children of the same adopter.

9. Marriages where one person deliberately caused the death of their spouse or their own spouse with
the intent to marry the other person.
Article 41 states that if a person enters into a marriage while still married to someone else, that
subsequent marriage will be considered null and void. However, there is an exception. If the prior
spouse has been absent for four consecutive years and the present spouse has a valid belief that the
absent spouse is already deceased, then the subsequent marriage may be recognized. In cases where
there is a risk of death due to certain circumstances mentioned in Article 391 of the Civil Code, an
absence of only two years is sufficient. The spouse present must initiate a legal process, known as a
summary proceeding, which involves declaring the absent spouse as presumptively dead. It is important
to note that if the absent spouse reappears, the subsequent marriage will be automatically terminated,
unless there is a separate legal judgment annulling or declaring the previous marriage void from the
beginning.

Article 42, it is mentioned that if the absent spouse reappears and their return is officially recorded in
the civil registry, the subsequent marriage will be automatically terminated. This can be done through a
sworn statement of the facts and circumstances of reappearance, which will be recorded in the civil
registry of the residence of both parties in the subsequent marriage. All interested parties will be
notified, and if there is any dispute regarding the reappearance, it can be resolved through a judicial
determination.

Article 43 explains the effects of the termination of the subsequent marriage mentioned in the previous
article. These effects are as follows:

 Children conceived before the termination of the subsequent marriage are considered
legitimate.
 The community property or conjugal partnership will be dissolved and liquidated. However, if
one spouse entered into the marriage in bad faith, their share of the net profits will be forfeited
in favor of the common children. If there are no common children, it will go to the children of
the guilty spouse from a previous marriage. In the absence of children, it will go to the innocent
spouse.
 Donations made by reason of the marriage remain valid, except if the recipient spouse entered
into the marriage in bad faith, in which case, the donations made to them are automatically
revoked.
 The innocent spouse has the right to revoke the designation of the other spouse, who acted in
bad faith, as a beneficiary in any insurance policy, even if the designation was initially declared
as irrevocable.
 The spouse who entered into the subsequent marriage in bad faith is disqualified from inheriting
from the innocent spouse through both testate (by will) and intestate (without a will)
succession.

Article 44, it states that if both spouses of the subsequent marriage acted in bad faith, the marriage will
be considered void from the beginning. Moreover, any donations made by reason of marriage and any
testamentary dispositions made by one spouse in favor of the other spouse will be revoked by law.
Article 45 explains the grounds for the annulment of a marriage, which must exist at the time of the
marriage. These include the party being underage without proper consent, unsound mind, consent
obtained through fraud, consent obtained through force, physical incapacity to consummate the
marriage, or serious and incurable sexually-transmissible disease.

5. Legal Separation - Legal separation is a legal procedure that allows married couples to live separately
and be legally recognized as separated, without dissolving the marriage. In the Philippines, legal
separation is governed by the Family Code.

Legal separation entails the following:

1. The spouses live separately and no longer cohabit as husband and wife.

2. There is a judicial decree or court-approved agreement that recognizes the separation.

3. The rights and obligations between the spouses, such as property division, child custody, and support,
are determined by the court.

Legal separation does not terminate the marriage, and the spouses are not free to marry another
person. However, it provides legal protection and addresses various issues that arise from the
separation.

6. Rights and Obligation of Spouses

Rights of Spouses:

1. Right to cohabit: Spouses have the right to live together and establish a shared marital home.

2. Right to support: Each spouse has the right to receive financial support and assistance from the other
spouse.

3. Right to fidelity: Both spouses have the right to expect faithfulness and loyalty from each other.

4. Right to consortium: Spouses have the right to enjoy each other's companionship, love, and affection.

5. Right to make decisions: Both spouses have the right to participate in important decisions that affect
the marriage and family.

Obligations of Spouses:

1. Mutual respect and fidelity: Spouses are obliged to treat each other with respect, trust, and loyalty.

2. Support and care: They have an obligation to provide emotional, financial, and material support to
each other.

3. Collaboration in child-rearing: In case of children, spouses have an obligation to jointly care for and
raise them.
4. Engaging in joint financial matters: Spouses may have an obligation to plan and manage finances
together.

5. Mutual assistance and cooperation: They should help and support each other in different aspects of
life.

These rights and obligations may vary depending on cultural norms, religious beliefs, and the laws of the
specific jurisdiction. It is advisable to consult the relevant laws and seek legal advice for a
comprehensive understanding of the rights and obligations of spouses in a particular context.

7. Property Relations between spouses

 Absolute Community Property: Under the Absolute Community Property regime, which is the
default system, all assets and properties acquired by either spouse before or during the
marriage are considered jointly owned. This means that both spouses have equal ownership and
management rights over these properties. The law presumes that all properties acquired during
the marriage belong to the community.
 Conjugal Partnership of Gains: Applies when spouses enter into a specific agreement to govern
their property rights. In this system, all assets and properties acquired by either spouse before
the marriage remain their separate property. Only the assets acquired during the marriage, such
as income, profits, and properties obtained through their joint efforts, are deemed part of the
conjugal partnership. During the dissolution of the partnership, the net gains are divided equally
between the spouses.
 Separate Property: Refers to any assets or property that is owned individually by a person and is
not considered part of a shared or marital property. It includes any property or assets that a
person acquired before getting married or received as a gift or inheritance during the marriage.
Separate property is typically not subject to division or distribution in the event of a divorce or
separation.
 Property Regimes of Union without Marriage: Refers to the legal framework that governs the
ownership and division of property for couples who are in a committed relationship but are not
married.

Article 147 states that when a man and a woman live together as a couple without being legally married
or in a void marriage, their wages and salaries are owned equally by both of them. Any property they
acquire through their work or efforts while living together is considered co-owned and is governed by
the rules of co-ownership.

If there is no evidence to prove otherwise, any property acquired while they were living together is
presumed to be obtained through their joint efforts and is owned equally by both of them.

Even if one party did not directly contribute to the acquisition of a property, if their efforts involved
taking care of the family and the household, they are still considered to have contributed jointly.
Neither party can sell, transfer, or encumber their share in the jointly owned property without the
consent of the other party until their cohabitation ends.

If one party was unaware that their marriage was void, and the other party was aware of it, the share of
the party in bad faith will be forfeited in favor of their common children. If the common children or their
descendants waive their right to the forfeited share, it will be divided among the surviving descendants.
If there are no descendants, the forfeited share will belong to the innocent party. This forfeiture takes
place when the cohabitation ends.

 Family Home: The family home refers to the primary residence where a family or a couple lives
together. It is the place where they create a home and share their lives.

Article 152: The family home is the place where a married couple or an unmarried head of a family,
along with their family, live. It includes the house they reside in and the land it is built on.

Article 156: The family home must be part of the properties owned jointly by the husband and wife (in
the case of absolute community or conjugal partnership) or owned exclusively by one spouse with the
consent of the other. It can also be established by an unmarried head of a family on their own property.

However, there is an exception. If a property is being sold in installments and the ownership is retained
by the seller as a guarantee for payment, that property can still be considered as a family home.

Article 158 of the law states that the family home can only be sold, given away, transferred, or used as
collateral by the owner if they have the written consent of the person who established the family home,
their spouse, and most of the adult family members who are entitled to benefit from it. If there is a
disagreement among these parties, the court will make the final decision.

Essentially, this article protects the rights and interests of the family members who have a stake in the
family home by requiring their consent before any major decisions can be made regarding the property.

8. Paternity and Filiation

 Rights of legitimate and illegitimate child

Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or
illegitimate.

Art. 164. Children conceived or born during the marriage of the parents are legitimate.

Children conceived as a result of artificial insemination of the wife with the sperm of the husband or
that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both
of them authorized or ratified such insemination in a written instrument executed and signed by them
before the birth of the child. The instrument shall be recorded in the civil registry together with the birth
certificate of the child.
Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this Code.

Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the
knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his
heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first
paragraph or where it was recorded, the period shall be two years if they should reside in the
Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown
to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of
the child or of the fact of registration of said birth, whichever is earlier.

 Legitimated Children

Article 177 states that only children who were conceived and born to parents who were not legally
prohibited from marrying each other at the time of conception can be legitimated. Legitimation means
that the child is given the same legal rights and status as a child born within a valid marriage.

Article 178 explains that legitimation occurs when the parents of the child subsequently have a valid
marriage. Even if the parents' previous marriage was voidable (meaning it could be annulled), the
annulment of that marriage does not affect the legitimation of the child.

Article 179 emphasizes that once a child is legitimated, they have the same rights and privileges as
children born within a valid marriage. Legitimated children are entitled to the same legal benefits and
inheritance rights as legitimate children.

Article 180 states that the effects of legitimation are retroactive to the time of the child's birth. This
means that once legitimated, the child is considered legitimate from the moment they were born, and
their rights and status are recognized as such.

These articles aim to ensure that children born outside of marriage are not disadvantaged and are given
equal legal recognition and rights if their parents subsequently marry.

9. Support

Article 194: Support refers to everything necessary for a person's well-being, such as food, a place to
live, clothing, medical care, education, and transportation. The level of support provided should be
based on the financial capacity of the family.

In terms of education, support includes schooling or training for a profession, trade, or job, even beyond
the age of adulthood. Transportation expenses cover the costs of going to and from school or work.

Article 195: The following individuals are obligated to support each other to the fullest extent as
mentioned in Article 194:
  Spouses
 Legitimate parents and children, as well as legitimate and illegitimate children of the latter
 Parents and their illegitimate children, as well as legitimate and illegitimate children of the latter
 Legitimate siblings, whether they are full or half-blood

Article 198: During legal separation, annulment of marriage, or declaration of nullity of marriage
proceedings, both spouses and their children should be supported using the properties of the absolute
community or conjugal partnership. Once the final judgment granting the petition is issued, the
obligation of mutual support between the spouses ends. However, in the case of legal separation, the
court has the authority to order the guilty spouse to provide support to the innocent spouse, specifying
the terms of the order.

Support encompasses the essential needs for sustenance, dwelling, clothing, medical care, education,
and transportation. Various family members have a legal obligation to support one another. During legal
proceedings related to separation or annulment, support is provided from the shared properties. After
the final judgment, the obligation of mutual support between spouses ceases, but the court may order
the guilty spouse to support the innocent one in the case of legal separation.

10. Parental Authority, Substituted, Subsidiary Liability

Article 211: Both the father and mother have equal authority over their children. If they disagree on a
decision, the father's decision will prevail unless a court order says otherwise. Children are always
expected to respect and obey their parents as long as they are under their authority.

Article 213: If the parents separate, the court will decide which parent will exercise parental authority.
The court will consider various factors, including the choice of the child who is over seven years old,
unless the chosen parent is unfit.

Article 216: If there are no parents or court-appointed guardians, substitute parental authority will be
given to the following individuals in the order listed:

 The surviving grandparent, as stated in Article 214.

 The oldest sibling who is over twenty-one years old, unless they are unfit or disqualified.
 The person who is currently taking care of the child and is over twenty-one years old, unless
they are unfit or disqualified.

The same order of preference applies when appointing a guardian for the child's property.

Article 218: Schools, their administrators, teachers, or any individual, entity, or institution involved in
child care have special parental authority and responsibility over the child while they are under their
supervision, instruction, or custody. This authority and responsibility apply to all authorized activities,
whether inside or outside the school or institution.

Both parents share parental authority, with the father's decision prevailing in case of disagreement
unless there is a court order stating otherwise. The court decides the parent who will exercise parental
authority in case of separation, considering the child's choice if they are over seven years old. If there
are no parents or court-appointed guardians, substitute parental authority is given to specific
individuals. Schools and related entities have special parental authority and responsibility over children
under their care.

Article 221 states that parents and other individuals who have parental authority are legally responsible
for any harm or damage caused by their children who are not yet independent and live with them. This
means that if an unemancipated child (a child who is still under the control and care of their parents)
causes injury or damage to someone else, the parents or individuals with parental authority can be held
accountable for it.

The purpose of this article is to ensure that parents and individuals with parental authority take
responsibility for the actions of their minor children and to provide a legal framework for addressing any
harm or damage caused by them.

II.Criminal Law: Criminal law refers to the body of laws that define and punish offenses against society.
It sets out the rules and procedures for investigating, prosecuting, and punishing individuals who
commit crimes. Criminal law aims to protect the security and interests of individuals and society as a
whole. It includes the determination of guilt or innocence, the imposition of penalties, and the
rehabilitation of offenders.

III.Labor Law: Labor law governs the relationship between employers, employees, and labor
organizations. It sets out the rights and obligations of workers and employers, ensuring fair and safe
working conditions, and protecting workers' rights. Labor laws cover areas such as employment
contracts, wages, working hours, leave entitlements, workplace safety, and collective bargaining rights.
The specific provisions of labor law vary from country to country.

1. Illegal Recruitment: Illegal recruitment refers to the act of unlawfully hiring or recruiting individuals
for employment purposes. It involves deceptive or fraudulent practices, such as promising job
opportunities that do not exist, charging excessive fees from job seekers, or withholding important
information about the job. Illegal recruitment is a violation of labor laws and is punishable by law.

2. Ban on direct hiring: The ban on direct hiring refers to a policy or regulation that restricts employers
from directly hiring foreign workers without going through an authorized recruitment agency or
government-approved channels. This policy aims to protect both the employers and the workers by
ensuring that proper procedures are followed, including the verification of job offers, contracts, and
worker qualifications. The ban on direct hiring helps prevent exploitation and promotes fair and
transparent recruitment practices.

3. Labor Standards Law: Labor standards laws are a set of regulations that define the minimum working
conditions and rights of employees. These laws establish standards for wages, working hours, rest
periods, leave entitlements, occupational health and safety, and other aspects of employment. The
coverage of labor standards laws typically extends to all employees, regardless of their position or type
of employment, including full-time, part-time, temporary, and contractual workers. The purpose of labor
standards laws is to ensure fair and decent working conditions for all workers.

IV. Salient Points of Katarungan Pambarangay Law P.D. No. 1508 as amended by R.A 7160 also known
as Local Government Code of 1991.

The Katarungang Pambarangay Law, also known as Presidential Decree No. 1508, was established to
promote the amicable settlement of disputes at the barangay (local community) level. It was later
amended by Republic Act No. 7160, also known as the Local Government Code of 1991. Here are some
salient points of the law:

 Purpose: The law aims to encourage the resolution of disputes within the barangay through
mediation and arbitration, reducing the burden on the regular courts.
 Lupon Tagapamayapa: The law empowers the Lupon Tagapamayapa, composed of barangay
officials, to mediate between parties involved in a dispute. The Lupon Tagapamayapa facilitates
a dialogue and assists the parties in reaching a mutually acceptable settlement.
 Mandatory Mediation: Parties involved in a dispute covered by the law are required to appear
before the Lupon Tagapamayapa for mediation. This procedure must be followed before filing a
case in regular courts.
 Non-Adversarial Process: The proceedings under the Katarungang Pambarangay Law are
informal and non-adversarial. Parties are encouraged to resolve their differences amicably,
without the need for lawyers.
 Binding Effect: If the parties reach a settlement during the mediation process, the agreement
becomes binding and enforceable. The Lupon Tagapamayapa ensures that the settlement is
executed within six months.
 Non-Compliance: Failure to comply with the mandatory mediation procedure may result in the
dismissal of a complaint filed in regular courts. However, if one party does not raise the non-
compliance issue during court proceedings, their right to challenge it may be deemed waived.