ARTICLE 1

THE FAMILY CODE

Marriage is a special contract of
permanent union between a man
and a. woman entered into in
accordance with law for the
establishment of conjugal and
family life.
NATURE OF MARRIAGE
• BASIC CIVIL HUMAN RIGHTS
Freedom to marry has been recognized as a vital personal right
towards the pursuit of happiness.
• Special Civil Contract
Regulated by law due to the high interest of protecting and
safeguarding the family
• Creates a social status
Involves and affects two persons
 Article 2 Legal Capacity
of contracting
No marriage parties

shall be valid
unless these
ESSENTIAL
essential REQUISITES
requisites are OF
present MARRIAGE
CONSENT
FREELY GIVEN
in the
presence of
SOMENIZING
OFFICER
Article 3
FORMAL REQUISITES OF MARRIAGE

MARRIAGE
CEREMONY ; TAKES
PLACE IN THE
AUTHORITY OF APPEARANCE OF
VALID MARRIAGE BOTH PARTIES
SOLEMNIZING
LICENSE
OFFICER • BEFORE SOLEMNIZING
OFFICER
• PERSONAL DECLARATION
• PRESENCE OF 2
WITNESSES
WHO CAN SOLEMNIZE MARRIAGE IN
THE PHILIPPINES
PRIEST/MINISTER/ SHIP CAPTAIN /
JUDGES
IMAM PILOT

CONSUL GENERAL / MILITARY

MAYOR
VICE CONSUL COMMANDER
Rights and Obligation between husband and Wife
Article 68
The husband and wife are oblige to live
together ,observe mutual love , respect and
fidelity and render mutual love and support
PROCREATION

an essential Marital
Obligation
Article 69

The Husband and wife

shall fix the family
domicile. In case of
disagreement the court
shall decide.
 The SPOUSE NOT LIVING
IN THE DOMICILE must prove
that the intent is
for solidarity of the family.

The court may exempt one

spouse from living with the
other if the latter should live
abroad due to compelling
reasons
ARTICLE 70
The spouses are jointly responsible for
the support of the family
Expenses for support and other
obligations

1. From the community property

2. In the absence thereof income or fruits of
separate properties
3. If insufficient or absent from the
separate properties themselves
ARTICLE 71
The management of the
household shall be the right
and the duty of both spouses.
ARTICLE 72
When one of the spouses neglects his or her duties to
the conjugal union or commits acts which tend to bring
danger, dishonor or injury to the other or to the
family , the aggrieved party may apply for court relief.

FORMS OF RELIEF
1. Legal Separation
2. Psychological Incapacity
3. Petition of receivership judicial separation of
property to become the sole administrator of
property.
VAWC
ARTICLE 73
Either spouse may
exercise any legitimate
profession, occupation,
business or activity
without the consent of
the other.
PROPERTY RELATIONS
ABSOLUTE COMMUNITY
CONJUGAL PARTNERSHIP OF GAINS
COMPLETE SEPARATION
LEGAL SEPARATION
a legal remedy for couples
suffering from a problematic
marriage. In legal separation,
the couple is allowed to live
apart and separately own
assets.
 legally separated couples are not
permitted to remarry, since their marriage
is still considered valid and subsisting.
 Legal separation
dissolves the property
relations of the spouses
and removes the
guilty party’s capacity to
inherit from the innocent
party.
 (3) attempt of respondent to
(1) repeated physical violence corrupt or induce the
2) physical violence or moral
or grossly abusive conduct petitioner, a common child, or
pressure to compel the
directed against the petitioner, a child of the petitioner,
petitioner to change religious
a common child, or a child of to engage in prostitution, or
or political affiliation;
the petitioner; connivance in such corruption
or inducement;

The grounds for

legal separation (5) drug addiction or habitual
alcoholism of the respondent;
(4) final judgment sentencing
the respondent to
imprisonment of more than 6
years, even if pardoned;
 (7) contracting by the
(6) lesbianism or
respondent of a subsequent (8) sexual infidelity or
homosexuality of the
bigamous marriage, whether perversion
respondent;
in the Philippines or abroad;

The grounds
for legal
(10) abandonment of
(9) attempt by the
petitioner by respondent
respondent against the life of
without justifiable cause for
the petitioner;
more than 1 year

separation​
 Effects of Legal Separation
Property Relations. The
1. Separation. The spouses
absolute community of
shall be entitled to live
property (ACP) or the
separately from each other,
conjugal partnership of
but the marriage bonds shall
gains (CPG) be dissolved and
not be severed.
liquidated.
The court, in the absence of
a written agreement
between the spouses, shall
designate either of them or
a third person to administer
the absolute community or
conjugal partnership
property. The administrator
appointed by the court shall
have the same powers and
duties as those of a
guardian.
3. Custody of Children. The
custody of the minor
children shall be awarded to
the innocent spouse, but no
child under 7 years shall
be separated from the
mother unless there are
compelling reasons.
ANNULMENT
In the Philippines, the
process of annulment is a
legal procedure that
involves declaring a
marriage void or invalid
 Absence of Parental Consent
• . A marriage was solemnized and one or the other party was
eighteen (18) years of age or over but below twenty-one (21)
and consent was not given by the parents, guardian or person
having substitute parental authority.

• The Petition of Annulment must be filed within five (5) years of

having attained the age twenty-one. However, if the parties freely
cohabited with the other as husband and wife after having
reached the age of twenty-one (21) a Petition of Annulment can
no longer be filed.
Mental
Illness or psychological
incapacity

One or the either party was of

unsound mind at the moment
of the marriage. But if the
parties freely cohabited with
each other after he or she came
to reason the law prohibits the
filing of a Petition.
Fraud
• . That the consent of either party was
obtained by fraud, unless such party
once having knowledge of the fraud
freely cohabited with the other as
husband and wife. The petition must
be filed within five (5) of finding out
the facts of the fraud.
4. That the consent of either party was
obtained by force, intimidation or undue
influence. Except when the same has ceased
and the party filing the petition freely
cohabited with the other as husband and wife.
The injured party must file within five (5)
years from the point in time the force,
intimidation or undue influence disappeared
or came to an end.
• One or the other party
was physically incapable of
consummating the marriage, and
such incapacity continues and
appears to be incurable. The filing
of the Petition of Annulment must
be filed within five (5) years after
the marriage.
• Either party was at the time of
marriage afflicted with
a sexually-transmitted-
disease (STD) found to be
serious and seems to be
incurable. This may also
constitute fraud. The filing of
the Petition of Annulment
must be filed within five (5)
years after the marriage.
SEPARATION: being separated from your
spouse with or without communication is not
grounds for annulment. It does not matter how
many years you are separated. There is no law
that annuls or voids a marriage automatically.
Only a judge in a court of law can annul, void or
nullify a marriage.​

INFIDELITY: is not grounds for

annulment in the Philippines.