Persons and Family Relations Articles

8/16/2019 Persons and Family Relations Articles

1/5

Article 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 ode. !"#a$

%roof of marriage

a.$ &estimony of a witness to the matrimonyb.$ ouple's public and open cohabitation as husband and wife after the alleged

wedloc(c.$ )irth and baptismal certificate of children born during such uniond.$ Mention of such nuptial in subsequent documents

Art. #. *o marriage shall be valid, unless these essential requisites are present+

!1$ egal capacity of the contracting parties who must be a male and a female- and

!#$ onsent freely given in the presence of the solemniing officer. !"/a$

omponents of legal capacity

1. Age requirement#. 0ex of the parties/. Absence of legal impediments mentioned in Articles / and /2

Art. /. &he formal requisites of marriage are+

!1$ Authority of the solemniing officer-

!#$ A valid marriage license except in the cases provided for in hapter # of this &itle-

and

!/$ A marriage ceremony which ta(es place with the appearance

parties before the solemniing officer and their personal declara

each other as husband and wife in the presence of not less tha

legal age. !"/a, ""a$

Art. 3. &he absence of any of the essential or formal requisite

marriage void ab initio, except as stated in Article /" !#$.

A defect in any of the essential requisites shall not affect the valid

but the party or parties responsible for the irregularity shall be ci

administratively liable. !n$

4ollowing are void ab initio+

1. Marriages contracted by any party who is not legally capac#. Marriages where consent is lac(ing/. 0olemnied by any person not authoried to perform marr

the marriage will fall under the exception mentioned in A

4amily ode.3. 0olemnied without a valid marriage license, except those

from the license requirement- and". ommon5law marriages and marriages by proxy

Mere irregularities

1. &he fact that the application for marriage license was not u#. &he fact that the marriage license was issued in violation

suspension period under Articles 1" and 16 of the 4amily /. &he fact that the marriage license was issued prior to the

period of publication- or that it was issued in the absen

publication3. &he fact that the marriage license was issued without

certificate of legal capacity under Article #1 of the 4amily ". &he fact that the license was obtained in the locality w

contracting party resides.


2/5

Art. . Marriage may be solemnied by+

!1$ Any incumbent member of the judiciary within the court7s jurisdiction-!#$ Any priest, rabbi, imam, or minister of any church or religious sect duly

authoried by his church or religious sect and registered with the civil registrar

general, acting within the limits of the written authority granted by his church

or religious sect and provided that at least one of the contracting parties

belongs to the solemniing officer7s church or religious sect-!/$ Any ship captain or airplane chief only in the case mentioned in Article /1-!3$ Any military commander of a unit to which a chaplain is assigned, in the

absence of the latter, during a military operation, li(ewise only in the cases

mentioned in Article /#-!"$ Any consul5general, consul or vice5consul in the case provided in Article

18. !"6a$

9ho are members of the :udiciary

1. hief :ustice and Associate :ustices#. %residing :ustice and :ustices of the A/. %residing :ustice and :ustices of the 0andiganbayan

3. :udges of the ;&". :udges of the &A6. :udges of Metropolitan, Municipal or Municipal ircuit &rial ourt

hapter #. Marriages


3/5

provided they are solemnied in accordance with their customs, rites or practices.

!2a$

Art. /3. *o license shall be necessary for the marriage of a man and a woman who

have lived together as husband and wife for at least five years and without any legal

impediment to marry each other. &he contracting parties shall state the foregoing

facts in an affidavit before any person authoried by law to administer oaths. &he

solemniing officer shall also state under oath that he ascertained the qualificationsof the contracting parties are found no legal impediment to the marriage. !6a$

hapter /. >oid and >oidable Marriages

Art. /". &he following marriages shall be void from the beginning+

!1$ &hose contracted by any party below eighteen years of age even with the

consent of parents or guardians-

!#$ &hose solemnied by any person not legally authoried to perform marriages

unless such marriages were contracted with either or both parties believing in good

faith that the solemniing officer had the legal authority to do so-

!/$ &hose solemnied without license, except those covered the preceding hapter-

!3$ &hose bigamous or polygamous marriages not failing under Article 31-

!"$ &hose contracted through mista(e of one contracting party as to the identity of

the other- and

!6$ &hose subsequent marriages that are void under Article "/.

Art. /6. A marriage contracted by any party who, at the time of the celebration, was

psychologically incapacitated to comply with the essential marital obligations of

marriage, shall li(ewise be void even if such incapacity becomes manifest only after

its solemniation. !As amended by


4/5

parental authority over the party, in that order, unless after attaining the age of

twenty5one, such party freely cohabited with the other and both lived together as

husband and wife-

!#$ &hat either party was of unsound mind, unless such party after coming to reason,

freely cohabited with the other as husband and wife-

!/$ &hat the consent of either party was obtained by fraud, unless such party

afterwards, with full (nowledge of the facts constituting the fraud, freely cohabited

with the other as husband and wife-

!3$ &hat the consent of either party was obtained by force, intimidation or undue

influence, unless the same having disappeared or ceased, such party thereafter

freely cohabited with the other as husband and wife-

!"$ &hat either party was physically incapable of consummating the marriage with

the other, and such incapacity continues and appears to be incurable- or

!6$ &hat either party was afflicted with a sexually5transmissible disease found to be

serious and appears to be incurable. !2"a$

Art. 36. Any of the following circumstances shall constitute fraud referred to in

*umber / of the preceding Article+

!1$ *on5disclosure of a previous conviction by final judgment of the other party of a

crime involving moral turpitude-

!#$ oncealment by the wife of the fact that at the time of the marriage, she was

pregnant by a man other than her husband-

!/$ oncealment of sexually transmissible disease, regardless of its nature, existing

at the time of the marriage- or

!3$ oncealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

*o other misrepresentation or deceit as to character, health, ran(

shall constitute such fraud as will give grounds for action for

marriage. !26a$

Art. 3. &he action for annulment of marriage must be filed by the

and within the periods indicated herein+

!1$ 4or causes mentioned in number 1 of Article 3" by the part

guardian did not give his or her consent, within five years after a

twenty5one, or by the parent or guardian or person having legal c

at any time before such party has reached the age of twenty5one-

!#$ 4or causes mentioned in number # of Article 3", by the same

no (nowledge of the other7s insanity- or by any relative or guardia

legal charge of the insane, at any time before the death of eith

insane spouse during a lucid interval or after regaining sanity-

!/$ 4or causes mentioned in number / of Article 3", by the injure

years after the discovery of the fraud-

!3$ 4or causes mentioned in number 3 of Article 3", by the injureyears from the time the force, intimidation or undue influenc

ceased-

!"$ 4or causes mentioned in number " and 6 of Article 3", by the

five years after the marriage. !2a$

&I&< II


5/5

!1$ ;epeated physical violence or grossly abusive conduct directed against the

petitioner, a common child, or a child of the petitioner-

!#$ %hysical violence or moral pressure to compel the petitioner to change religious

or political affiliation-

!/$ Attempt of respondent to corrupt or induce the petitioner, a common child, or a

child of the petitioner, to engage in prostitution, or connivance in such corruption or

inducement-

!3$ 4inal judgment sentencing the respondent to imprisonment of more than six

years, even if pardoned-

!"$ rug addiction or habitual alcoholism of the respondent-

!6$ esbianism or homosexuality of the respondent-

!$ ontracting by the respondent of a subsequent bigamous marriage, whether in

the %hilippines or abroad-

!2$ 0exual infidelity or perversion-

!=$ Attempt by the respondent against the life of the petitioner- or

!18$ Abandonment of petitioner by respondent without justifiable c

one year.

4or purposes of this Article, the term BchildB shall include a ch

adoption. !=a$

Art. "6. &he petition for legal separation shall be denied on a

grounds+

!1$ 9here the aggrieved party has condoned the offense or act co

!#$ 9here the aggrieved party has consented to the commissio

act complained of-

!/$ 9here there is connivance between the parties in the commis

or act constituting the ground for legal separation-

!3$ 9here both parties have given ground for legal separation-

!"$ 9here there is collusion between the parties to obtain decree

or

!6$ 9here the action is barred by prescription. !188a$

Documents

Persons and Family Relations Articles