Are You Familiar with the Philippine Family Code?

The Family Code of the Philippines: Requisites for Marriage

• Marriage is a special contract between a man and a woman for the establishment of conjugal and family life.

• Essential requisites for marriage include legal capacity of the contracting parties, consent freely given, and a valid marriage license.

• Formal requisites of marriage include the authority of the solemnizing officer, a valid marriage ceremony, and the presence of at least two witnesses of legal age.

• Absence of any essential or formal requisites renders the marriage void ab initio, except in certain cases.

• Any male or female of the age of eighteen years or older and not under any impediments may contract marriage.

• No prescribed form or religious rite for the solemnization of marriage is required, but the contracting parties must appear personally before the solemnizing officer and declare their intention to marry in the presence of witnesses.

• Marriage may be solemnized by any priest, imam, or minister authorized to perform marriages or by any ship captain or airplane pilot during stopovers at ports.

• A marriage license must be obtained from the local civil registrar of the city or municipality where either contracting party habitually resides, except in certain exempted cases.

• Birth or baptismal certificates of the contracting parties and their parents or guardians are required for the issuance of a marriage license.

• Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul, or vice-consul of the Republic of the Philippines.

• The marriage certificate must contain the full names and residences of the contracting parties, the date and place of marriage, and the names and addresses of the witnesses.

• All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in the Philippines, except those prohibited by law.Philippine Family Code Summary

• The Philippine Family Code governs marriages and property relations between spouses.

• Marriage requires a legal capacity to marry, consent, and a marriage license.

• Marriage may be solemnized by authorized persons, and special rules apply to military commanders and certain cultural or religious communities.

• Certain marriages are void from the beginning, including those involving incest, bigamy, and lack of legal capacity to marry.

• Marriage may also be declared void or annulled for reasons such as psychological incapacity, fraud, and prior existing marriages.

• Legal separation may be granted on grounds such as adultery, abandonment, or physical abuse.

• The spouses have obligations to live together, support each other and their family, and manage the household jointly.

• The property relationship between spouses may be governed by marriage settlements, which must be in writing and signed before the marriage.

• Without a marriage settlement, the default regime is absolute community of property.

• Modifications to marriage settlements must be made before the marriage, and registered to be valid.

• Certain restrictions apply to minors and persons with disabilities when executing marriage settlements.

• In case of legal separation or annulment, the court may order support for the spouses and common children, as well as the liquidation and distribution of properties.Philippine Civil Code on Marriage and Property Relations

• Settlements or contracts made in consideration of a future marriage, including donations, become void if the marriage does not take place.

• Donations by reason of marriage are those made before the celebration of the marriage and are governed by the rules of ordinary donations, unless modified by specific articles.

• If future spouses agree on a property regime other than absolute community, donations in their marriage settlements cannot exceed one-fifth of their present property.

• Donations by reason of marriage of property subject to encumbrances are valid, and the donee shall not be liable for deficiency in case of foreclosure.

• Donations by spouses to each other during the marriage are void, except for moderate gifts on family occasions. The prohibition also applies to unmarried couples living together.

• The absolute community of property between spouses commences at the time of marriage, and no waiver of rights or shares can be made during marriage except in case of judicial separation of property.

• The community property includes all property owned by the spouses at the time of marriage or acquired thereafter, except for exclusions such as property acquired during marriage by gratuitous title or for personal use.

• The absolute community of property is liable for specific charges and obligations, and spouses are solidarily liable for any unpaid balance with their separate properties.

• The administration and enjoyment of the community property belongs to both spouses jointly, but the husband's decision prevails in case of disagreement, subject to the wife's recourse to court within five years.

• Conjugal partnership of gains applies when future spouses agree on it in their marriage settlements, and the net gains or benefits obtained by either or both spouses upon dissolution of the marriage or partnership shall be divided equally between them.

• The conjugal partnership property includes all property acquired during marriage, and improvements made on the separate property of the spouses at the expense of the partnership or through their efforts belong to the conjugal partnership or the original owner-spouse, subject to reimbursement.

• The conjugal partnership is liable for specific charges and obligations, and payment of personal debts contracted by either spouse before or during the marriage shall not be charged to the conjugal partnership except insofar as they benefit the family.Philippine Family Code: Property Regimes and Family Law

• The Philippine Family Code governs family relations and property regimes in the country.

• The Code recognizes two types of property regimes for married couples: absolute community of property and conjugal partnership of gains.

• The absolute community of property regime covers all properties owned by the spouses before and during the marriage, except for those excluded by law.

• The conjugal partnership of gains regime covers all properties acquired during the marriage, including those acquired by either spouse during a previous marriage.

• Both spouses have joint administration and enjoyment of the conjugal partnership, but in case of disagreement, the husband's decision prevails unless the wife seeks recourse from the court.

• Neither spouse can donate any conjugal partnership property without the other's consent unless it's for charity or family-related occasions.

• The conjugal partnership terminates upon the death of a spouse, legal separation, or annulment.

• The family home is a dwelling house and land where the family resides, and is exempt from execution, forced sale, or attachment except in certain circumstances.

• The beneficiaries of a family home are the spouse, children, unmarried minor siblings, and parents of either spouse.

• The family home can only be sold, donated, or encumbered with the written consent of the person who constituted it, the spouse, and a majority of the beneficiaries of legal age.

• The family home continues to exist for ten years or as long as there is a minor beneficiary after the death of one or both spouses or the unmarried head of the family.

• The court can order the sale of the family home if a creditor whose claim is not covered by the exemption obtains a judgment and the actual value of the family home exceeds the maximum amount allowed by law.

The Family Code of the Philippines: Requisites for Marriage

• Marriage is a special contract between a man and a woman for the establishment of conjugal and family life.

• Essential requisites for marriage include legal capacity of the contracting parties, consent freely given, and a valid marriage license.

• Formal requisites of marriage include the authority of the solemnizing officer, a valid marriage ceremony, and the presence of at least two witnesses of legal age.

• Absence of any essential or formal requisites renders the marriage void ab initio, except in certain cases.

• Any male or female of the age of eighteen years or older and not under any impediments may contract marriage.

• No prescribed form or religious rite for the solemnization of marriage is required, but the contracting parties must appear personally before the solemnizing officer and declare their intention to marry in the presence of witnesses.

• Marriage may be solemnized by any priest, imam, or minister authorized to perform marriages or by any ship captain or airplane pilot during stopovers at ports.

• A marriage license must be obtained from the local civil registrar of the city or municipality where either contracting party habitually resides, except in certain exempted cases.

• Birth or baptismal certificates of the contracting parties and their parents or guardians are required for the issuance of a marriage license.

• Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul, or vice-consul of the Republic of the Philippines.

• The marriage certificate must contain the full names and residences of the contracting parties, the date and place of marriage, and the names and addresses of the witnesses.

• All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in the Philippines, except those prohibited by law.Philippine Family Code Summary

• The Philippine Family Code governs marriages and property relations between spouses.

• Marriage requires a legal capacity to marry, consent, and a marriage license.

• Marriage may be solemnized by authorized persons, and special rules apply to military commanders and certain cultural or religious communities.

• Certain marriages are void from the beginning, including those involving incest, bigamy, and lack of legal capacity to marry.

• Marriage may also be declared void or annulled for reasons such as psychological incapacity, fraud, and prior existing marriages.

• Legal separation may be granted on grounds such as adultery, abandonment, or physical abuse.

• The spouses have obligations to live together, support each other and their family, and manage the household jointly.

• The property relationship between spouses may be governed by marriage settlements, which must be in writing and signed before the marriage.

• Without a marriage settlement, the default regime is absolute community of property.

• Modifications to marriage settlements must be made before the marriage, and registered to be valid.

• Certain restrictions apply to minors and persons with disabilities when executing marriage settlements.

• In case of legal separation or annulment, the court may order support for the spouses and common children, as well as the liquidation and distribution of properties.Philippine Civil Code on Marriage and Property Relations

• Settlements or contracts made in consideration of a future marriage, including donations, become void if the marriage does not take place.

• Donations by reason of marriage are those made before the celebration of the marriage and are governed by the rules of ordinary donations, unless modified by specific articles.

• If future spouses agree on a property regime other than absolute community, donations in their marriage settlements cannot exceed one-fifth of their present property.

• Donations by reason of marriage of property subject to encumbrances are valid, and the donee shall not be liable for deficiency in case of foreclosure.

• Donations by spouses to each other during the marriage are void, except for moderate gifts on family occasions. The prohibition also applies to unmarried couples living together.

• The absolute community of property between spouses commences at the time of marriage, and no waiver of rights or shares can be made during marriage except in case of judicial separation of property.

• The community property includes all property owned by the spouses at the time of marriage or acquired thereafter, except for exclusions such as property acquired during marriage by gratuitous title or for personal use.

• The absolute community of property is liable for specific charges and obligations, and spouses are solidarily liable for any unpaid balance with their separate properties.

• The administration and enjoyment of the community property belongs to both spouses jointly, but the husband's decision prevails in case of disagreement, subject to the wife's recourse to court within five years.

• Conjugal partnership of gains applies when future spouses agree on it in their marriage settlements, and the net gains or benefits obtained by either or both spouses upon dissolution of the marriage or partnership shall be divided equally between them.

• The conjugal partnership property includes all property acquired during marriage, and improvements made on the separate property of the spouses at the expense of the partnership or through their efforts belong to the conjugal partnership or the original owner-spouse, subject to reimbursement.

• The conjugal partnership is liable for specific charges and obligations, and payment of personal debts contracted by either spouse before or during the marriage shall not be charged to the conjugal partnership except insofar as they benefit the family.Philippine Family Code: Property Regimes and Family Law

• The Philippine Family Code governs family relations and property regimes in the country.

• The Code recognizes two types of property regimes for married couples: absolute community of property and conjugal partnership of gains.

• The absolute community of property regime covers all properties owned by the spouses before and during the marriage, except for those excluded by law.

• The conjugal partnership of gains regime covers all properties acquired during the marriage, including those acquired by either spouse during a previous marriage.

• Both spouses have joint administration and enjoyment of the conjugal partnership, but in case of disagreement, the husband's decision prevails unless the wife seeks recourse from the court.

• Neither spouse can donate any conjugal partnership property without the other's consent unless it's for charity or family-related occasions.

• The conjugal partnership terminates upon the death of a spouse, legal separation, or annulment.

• The family home is a dwelling house and land where the family resides, and is exempt from execution, forced sale, or attachment except in certain circumstances.

• The beneficiaries of a family home are the spouse, children, unmarried minor siblings, and parents of either spouse.

• The family home can only be sold, donated, or encumbered with the written consent of the person who constituted it, the spouse, and a majority of the beneficiaries of legal age.

• The family home continues to exist for ten years or as long as there is a minor beneficiary after the death of one or both spouses or the unmarried head of the family.

• The court can order the sale of the family home if a creditor whose claim is not covered by the exemption obtains a judgment and the actual value of the family home exceeds the maximum amount allowed by law.