The Family Code of the Philippines (PDF)

**The Family Code of the Philippines** **(Executive Order No. 209, as amended)** Pres. Corazon C. Aquino July 16, 1987 **MARRIAGE** Art. 1. 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 famil...

**The Family Code of the Philippines** **(Executive Order No. 209, as amended)** Pres. Corazon C. Aquino July 16, 1987 **MARRIAGE** Art. 1. 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. It is the foundation of the family and an inviolable social institution whose nature, 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 provided by this Code. **Essential Requisites of Marriage:** 1\) Legal capacity of the contracting parties, who must be a male and a female; and a\) 18 years old or above; and b\) Not under any impediment mentioned in Arts. 37 and 38; 2\) Consent freely given in the presence of the solemnizing officer. **Formal Requisites of Marriage:** \(1) Authority of the solemnizing officer; \(2) Valid marriage license; and \(3) Marriage ceremony where the contracting parties appear before the solemnizing officer, with their personal declaration that they take each other as husband and wife in the presence of not less than 2 witnesses of legal age. **[Persons who may Solemnize Marriage:]** 1. Priest, rabbi, imam or ministers of any church or religious sect. 2. Incumbent members of the judiciary within the court's jurisdiction. 3. Ship Captains or airplane chiefs. 4. Commander of a military unit, in the absence of chaplain. 5. Consuls' generals, consuls or vice-consuls of the Republic of the Philippines abroad. 6. Municipal and city mayors Validity period of a Marriage License is 120 days for the date of issue. **[Void Marriages:]** 1. Lack of Essential or Formal Requisites 2. Psychological Incapacity 3. Bigamous or Polygamous Marriages. 4. Incestuous Marriages 5. Against Public Policy 6. Marriage Solemnized Without Authority **[Voidable Marriage:]** 1. Lack of Parental Consent (Article 45(1)) 2. Psychological Incapacity (Article 45(2)) 3. Fraud (Article 45(3)) 4. Force, Intimidation, or Undue Influence (Article 45(4)) 5. Physical Incapacity to Consummate the Marriage (Article 45(5)) 6. Sexually Transmissible Disease (STD) (Article 45(6)) The property regime that governs without any prenuptial agreement is Absolute Community of Property. The legal age of majority is eighteen (18) years old. **Paternity and Filiation** **Paternity --** It is the civil status or relationship of the father to the child. **Filiation** -- It is the civil status or relationship of the child to the father or mother. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate. A **legitimate child** is one born to parents who are legally married, while an **illegitimate child** is born to parents who are not married. Both types of children have rights to support, but a legitimate child has more legal benefits, especially in inheritance.