FAMILY CODE OF THE PHILIPPINES

Marriage

Article 1 – marriage is a civil contract more than a mere contract and it cannot be changed
- a permanent union by a man and a woman
- creates a social status or relation
- is inviolable of social institution and the foundation of the family and shall be protected by the state
- cannot be restricted by discriminatory policies of private individuals and corporations
- their property relations are governed by law

Article 2 – essential requisites:

 legal capacity, must be a male and a female
 consent freely given

Article 3 – formal requisites:

 authority of solemnizing officer
 valid marriage license
 marriage ceremony where the parties have to personally appear before the solemnizing officer to declare as
husband and wife in the presence of at least 2 legal witnesses

Article 4 – absence of essential or formal requisites marriage is void ab initio

- defect in the essential requisites  marriage is voidable
- irregularity in the formal requisites  does not affect the validity of marriage

- marriage is voidable if the consent is obtained through fraud, force, intimidation, or undue influence

Article 5 – those people (18 years old or upwards) not under any of the impediments mentioned in Articles 37 and 38 may
contract marriage

Article 6 – the necessary steps which should be taken during the marriage ceremony, if steps are not followed, the marriage is
still valid
- no prescribed form or religious rite for solemnization of marriage is required
- but the contracting parties shall appear before the solemnizing officer (w/ not less than 2 witnesses)
- the declaration must be contained in the marriage certificate
- marriage certificate is not an essential or formal requisite

- in case of marriage articulo mortis  when the party is at the point of death and unable to sign the marriage
certificate, one witness to write the name of said party is sufficient

Article 7 – people who are authorized to solemnize marriage:

 judges – limited only within their courts’ jurisdiction

- must be incumbent and not retired
- it is highly irregular for them to collect fees after the ceremony

 priest and other religious sect

4 essential requisites:
(1) must be duly authorized by his/her church
(2) must act within the limits of authority granted to him/her
(3) must be registered with the civil registrar general
(4) at least 1 of the contracting parties belongs to his/her church

 ship captain and airplane chief

requisites:
(1) marriage must be in articulo mortis
(2) marriage must be between passengers or crew members
(3) ship must be at sea or plane must be in flight

Compiled by: Ayah Hamdani

  military commander
requisites:
(1) must be a military commander of a unit
(2) must be a commissioned officer
(3) a chaplain must be assigned to such unit
(4) said chaplain must be absent at the time of marriage
(5) marriage must be in articulo mortis
(6) the contracting parties, whether members of the armed forces or civilians must be within the zone of
military operation

 consul-general, consul, or vice consul

heads or consular posts are divided into 4 classes:
(1) consul-general
(2) consul
(3) vice-consul
(4) consul agents
* only first 3 are expressly authorized
- they can solemnize marriage abroad only when contracting parties are both Filipino citizens
- they also act the duties of local civil registrar

 mayor – pursuant to the Local Government Code

- the state is a 3rd party to the marriage through the authorized solemnizers
- if marriage was solemnized by a person not legally authorized in the presence of good faith of parties, marriage be
considered valid

Article 8 – marriage shall be solemnized publicly

- exceptions to the rule on venue:

 marriages contracted in articulo mortis (at least one of the parties is at the point of death)
 in a remote place in accordance with Art. 29 of the Family Code
 where both parties request a solemnizing officer in writing in which case the marriage may be solemnized at
a house or place designated by the parties

Article 9 – the contracting parties should get a marriage license from the local civil registrar of the city or municipality where
either of them resides

Article 10 – marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the
Republic of the Philippines abroad

Article 11 – specifications of the requirements of marriage license

- the purpose of documentary requirements is to secure publicity and to serve as proof of their existence

Article 12 – original birth certificates or baptismal certificates are required for application of marriage license
- these documents need not be sworn and shall be exempt from the documentary stamp tax
- if either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy at least
15 days prior to the application, such party may furnish in lieu thereof his current residence certificate or an
instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to
administer oaths
- such instrument shall contain the sworn declaration of 2 witnesses of lawful age
- presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear
personally before the local civil registrar

Article 13 – in case either one of the contracting parties has been previously married, instead furnishing the birth or baptismal
certificate, furnish the death certificate of deceased spouse, or judicial decree of absolute divorce, or judicial decree
of annulment or declaration of nullity of his previous marriage

Compiled by: Ayah Hamdani

Article 14 – if either or both parties who are 18 to 21 years old, not having been emancipated by a previous marriage, shall in
addition to the requirements of the preceding articles, exhibit to the local civil registrar the consent to their marriage
of their father, mother, surviving parent or guardian, or persons having legal charge of them
- such consent must be manifested in writing
- but there is no more emancipation of marriage under the Family Code; emancipation of marriage is attained at 18
years old

Article 15 – any contracting party between 21-25 years old shall be obliged to ask their parents or guardians for advice upon
the intended marriage
- otherwise, the marriage license shall not be issued till after 3 months
- if the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement

Article 16 – in cases when parental consent or parental advice is needed, the party concerned shall attach a certificate issued
by an authorized solemnizer or a marriage counselor to the effect that the contracting parties have undergone
marriage counseling
- failure to do so shall suspend the issuance of marriage license for 3 months
- absence of parental advice does not affect the marriage
Article 17 – after the marriage application, the local civil registrar shall prepare a notice containing all the necessary data of the
applicants to be posted for 10 consecutive days on a bulletin board outside the office of the local civil registrar in a
conspicuous place

Article 18 – in case of any impediment known to the local civil registrar or brought to his attention, he shall merely note down
the particulars thereof and his findings thereon in the application of a marriage license
- but nonetheless issue said license after completion of the period of publication, unless ordered otherwise by a
competent court

Article 19 – local civil registrar shall require payment of fees provided by law before the issuance of the marriage license
- no other sum or a tax of any kind shall be collected
- it shall be issued free of charge to indigent parties
- if a local civil registrar influences parties in religious respects shall be guilty of misdemeanor and imprisoned for not
more than 1 month or a fine of not more than 200 pesos
- illegal issuance or refusal of license by a local civil registrar shall be punished by imprisonment for not less than 1
month nor more than 2 years, or by a fine of not less than 200 pesos nor more than 2,000 pesos

Article 20 – the marriage license is valid only within the Philippines and the expiry date shall be in bold letters in the face of
every license
- it is valid for only 120 days, and it is automatically cancelled if it is not used within that period

Article 21 – certificate of legal capacity issued by their respective diplomatic or consular officials is necessary when the
contracting parties who want to be married in the Philippines are either or both citizens of a foreign country
- Philippines adheres to the national law of the contracting parties with respect to their legal capacity to contract
marriage
- stateless persons or refugees from other country shall submit an affidavit stating the circumstances showing such
capacity to contract marriage
- if the contracting parties are foreigners who want to get married in the Philippines and be solemnized by their
country’s consul-general assigned in the Philippines, can get married without procuring a marriage license if their
country’s laws allow the same

Article 22 – states about the contents of the marriage certificate

-the parties are required to sign their marriage certificate

Article 23 – 4 copies of marriage certificate shall be prepared: 1 - contracting parties, 1 - solemnizing officer, 2 - local civil
registrar
- the copies must be furnished within 15 days after the marriage
- law and public policy favor matrimony
- the primary or best evidence of a marriage is a marriage license or marriage certificate
- anyone assailing the validity of marriage is required to make plain, the truth of law and fact that the marriage was
not legal

Compiled by: Ayah Hamdani

 - if the parties are not certain whether, under the law, they can proceed with a marriage, they can file a petition for
declaratory relief, to seek from a court a judgment on their capacity to marry

Article 24 – it is the duty of the local civil registrar to prepare the documents required for marriage and to administer oaths to
all interested parties
without charge

Article 25 – local civil registrar keeps the register of all persons married in its locality

Article 26 – if all marriages solemnized outside Philippines are valid, they are also valid here in the Philippines, unless some
instances fall under the exceptions those prohibited under Article 35(1), (4), (5), (6), 36, 37 and 38
- the Philippines follows the lex loci celebrationis rule
- the basis is the international comity, because every sovereign state is the conservator of its own morals and the
good order of society

- requisites for the application of the 2nd paragraph of this provision

 mixed marriage
 foreign spouse initiated the divorce
 divorce capacitates the foreign spouse to remarry

- exception:
- the marrying capacity of the contracting parties is governed by the national law of that party (Phil. Law)

- the Filipino spouse shall have the capacity to remarry after the divorce with the foreigner spouse
- common-law marriages are not recognized in the Philippines
- same sex marriage of Filipinos abroad is invalid due to public policy
- absolute divorce between 2 Filipinos is not recognized in the Philippines
- if a Filipino contracts a foreign marriage and it is null and void in that country, it shall be likewise void here

Article 27 – either or both parties at the point of death, the marriage may be solemnized without marriage license even if the
ailing party subsequently survives

Article 28 – when the place is not accessible by any means of transportation, the marriage may still be solemnized even without
the marriage license

Article 29 – in cases under Articles 27 and 28, it is the duty of the solemnizing officer to state in an affidavit executed before the
local civil registrar or any other person legally authorized to administer oaths that marriage was performed in articulo
mortis or that the residence of either party is remote

Article 30 – the original of the affidavit required under Article 29 shall be sent by the solemnizing officer to the local civil
registrar within 30 days after the marriage

Article 31 – a marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by
an airplane pilot at sea, or in flight, or also during stopovers at ports of call

Article 32 – a military commander who is a commissioned officer has the authority to solemnize marriages in articulo mortis
between persons within the zone of military operation, whether members of the armed forces or civilians

Article 33 – marriages among Muslims or among members of the ethnic cultural communities may be performed without
marriage license, provided that they are solemnized in accordance with their customs, rites or practices

Article 34 - ratification of marital cohabitation

- no license shall be necessary when a man and a woman living together as husband and wife for at least a period of 5
years
- to avoid embarrassment on couples who have already lived together as husband and wife for at least 5 years
- they should provide a sworn statement that they have lived together as husband and wife
- they should have no legal impediment (at the time of the celebration of marriage) to marry each other

Compiled by: Ayah Hamdani

Article 35 – a void marriage is that which is not valid from its inception
- good faith or bad faith are immaterial in determining whether or not a marriage is null and void

- requisites of a void marriage:

 below 18 years of age
 non-authority of solemnizer
 no marriage license
 bigamous or polygamous marriage
 mistake in identity
 void under art 53

- exceptions:
 article 35(2) - if either of the contracting parties is in good faith believing that a solemnizing officer has the
authority to solemnize a marriage though he actually has none, the marriage will be considered valid
 in the case provided in art. 41

- characteristics of a void marriage:

 inexistent since the beginning
 cannot be ratified
 can be attacked collaterally
 imprescriptible
 ownership

- characteristics of a voidable marriage:

 valid until annulled
 can be ratified by cohabitation
 direct proceeding
 action prescribes
 conjugal or absolute community

Article 36 – marriage is void on the ground of psychological incapacity at the time of celebration of marriage

- psychological incapacity  refers to the failure to comply with the essential marital obligations
(Article 68-71 husband and wife; Articles 220, 221, 225 parents and their children)
 involves a senseless, protracted and constant refusal to comply with the essential marital obligations by
one or both of the spouses although he, she or they are physically capable of performing such obligations
 is psychosomatic and deals with a state of mind and thus can only be proven by indicators or external
manifestations of the person claimed to be psychologically incapacitated

- is lifted from canon law

- determination of psychological incapacity depends on the facts of the case
- expert opinion need not be alleged, no need to allege root cause of psychological incapacity
- an unsatisfactory marriage is not a ground for a null and void marriage

- essential elements of psychological incapacity:

 mental condition
 applies to a person who is maritally contracted to another
 marriage entered into with volition
 failure to perform or comply with the essential obligations in marriage
 failure to perform is chronic
 cause is psychological in nature
 cause is serious, with juridical antecedence and must be incurable
 incapacity results in the failure of the marriage

Compiled by: Ayah Hamdani

 * divorce – that presupposes that there was a valid marriage
- all requisites of a valid marriage are present

* annulment – marriage is valid on the grounds for legal separation occur only after the celebration of marriage
- the marital bond is not broken

- under Canon 1095 of the New Code of Canon Law

They are incapable of contracting marriage:
 who lack sufficient use of reason;
 who suffer from a grave defect of discretion of judgment concerning essential matrimonial rights and
duties, to be given and accepted mutually;
 who for causes of psychological nature are unable to assume the essential obligations of marriage

- characteristics of psychological incapacity:

 gravity of the disorder  must be serious that the party would be incapable of carrying out the ordinary
duties required in the marriage
 juridical antecedence  it must be rooted in the history of the party antedating the marriage, although the
overt manifestations may emerge only after the marriage
 incurability (including the financial capacity)

- jurisprudential guidelines in invoking and proving psychological incapacity: (RP vs. CA and Molina)
 burden of proof to show the nullity of marriage belongs to the plaintiff
 the root cause of psychological incapacity must be:
o medically or clinically identified
o alleged in the complaint
o sufficiently proven by experts
o clearly explained in the decision
 the incapacity must be proven to be existing at the time of celebration of the marriage
 such incapacity must also be shown to be medically or clinically permanent or incurable
 such illness must be grave enough to bring about the disability of the party to assume the essential
obligations of the marriage
 the essential marital obligations must be those embraced by Art. 68-71 of the Family Code (husband and
wife) and Arts. 220, 221 and 225 of the same Code (parents and children)
 interpretation given by the National Appellate Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling or decisive, should be given treat respect by our courts
 the trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel
for the State

Article 37 – marriages which are incestuous and void from the beginning:
 relationship between ascendants and descendants of any degree
 relationship between brothers and sisters (full blood or half-blood)

- incestuous marriages have been universally condemned as grossly indecent, immoral, and inimical to the purity and
happiness of the family and the welfare of future generations

- reasons for the provision:

 avoid deficient and degenerate offsprings
 social prohibitions against incest promote the solidarity of the nuclear family

Article 38 – marriages which are void from the beginning for reasons of public policy between:
 collateral blood relatives (up to 4th civil degree)
 step-parents & step-children
 parents-in-law & children-in-law
 adopting parent & adopted child
 surviving spouse of adopting parent & adopted child
 surviving spouse of adopted child & adopter

Compiled by: Ayah Hamdani

  adopted child & legitimate child of adopter
 adopted children of the same adopter
 intentional killing of a spouse to marry another

- the above-mentioned cases are against public policy

- it is the policy of the state to foster a normal, peaceful, and wholesome integral nuclear family unit which would
constitute the very foundation of society

- the following can now marry each other:

 brother-in-law and sister-in-law
 stepbrother and stepsister
 guardian and ward
 adopted and illegitimate child of the adopter
 parties who have been convicted of adultery and concubinage

Article 39 – the action of defense for the declaration of absolute nullity of marriage shall not prescribe
- the time within which to file an action for the declaration of nullity of a marriage or to invoke such nullity as a
defense, whether in a direct or collateral manner, does not prescribe
- a judicial declaration of a nullity of marriage does not legally dissolve a marriage because such marriage is invalid
from the beginning; it merely declares or confirms the voidness, non-existence or incipient invalidity of a marriage
- only the husband and the wife can file a court case declaring the marriage void

Article 40 – absolute nullity of a previous marriage may be invoked for purposes of remarriage, that there should be a final
judgment declaring such previous marriage void
- if a marriage of 2 contracting parties is void ab initio, any one of them cannot contract a subsequent valid marriage
without a previous judicial declaration of nullity of the previous void marriage
- this is in relation to a subsisting first marriage which is void, and it still needs a judicial declaration of nullity of the
first marriage

* bigamy – is committed by any person who shall contract a 2nd or subsequent marriage before the former marriage
has been legally dissolved or before the absent spouse has been declared presumptively dead by means of a
judgment rendered in the proper proceedings

essential ingredients:
 the offender has been legally married
 the marriage has not been legally dissolved or in case his or her spouse is absent, the absent spouse could
not yet be presumed dead according to the Civil Code
 the offender contracts a 2nd or subsequent marriage
 the 2nd or subsequent marriage has all the essential requisites for validity

Article 41 – general rule of bigamous marriages  a marriage contracted by any person during the subsistence of a previous
valid marriage shall be null and void

- exceptions  when the following conditions concur, the subsequent bigamous marriage shall be valid:
 absence of the other spouse must have been for 4 consecutive years, or 2 years where there was danger of
death
 well-founded belief of the present spouse that absent spouse was already dead
 judicial declaration of presumptive death

- requirements:
 the absent spouse must have been absent for 4 or 2 years under the circumstances provided by law
 the present spouse must not know the whereabouts of the absent spouse
 there must be a well-founded belief that the absent spouse is already dead

Compiled by: Ayah Hamdani

  there must be an institution of a summary action for the declaration of presumptive death of the absent
spouse
 there must be a final judgment declaring the absent spouse to be presumptively dead

- for purposes of contracting the subsequent marriage, the spouse must present a summary proceeding for the
declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of absentee

- requisites of judicial declaration of presumptive death:

 that the absentee spouse have been missing for 4 consecutive years or 2 consecutive years if the
disappearance occurred where there is danger of death under circumstances laid down in Art. 391 of New
Civil Code
 the present spouse wishes to remarry
 the present spouse has well-founded belief that the absentee is dead
 the present spouse files a summary of proceeding for the declaration of presumptive death

- Art. 391 of the New Civil Code provides:

(presumed dead for all purposes, including division of estate among the heirs)
 a person on board a vessel lost during a sea voyage, or an airplane which is missing, who has not been
heard of for 4 years since the lost of the vessel or aeroplane;
 a person in the armed forces who has taken part in war, and has been missing for 4 years;
 a person who has been in danger of death under other circumstances and his existence has not been known
for 4 years

Article 42 – subsequent marriage (in Art. 41) shall be automatically terminated by the recording of affidavit of reappearance of
the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio

- a sworn statement of the fact and circumstances of reappearance

 shall be recorded in the civil registry of the residence of the parties to the subsequent marriage
 with due notice to the spouses of subsequent marriage

- general rule of effect of reappearance of absent spouse  the subsequent bigamous marriage under Art. 41
remains valid despite reappearance of the absentee spouse

- exception  if the reappearance was made in a sworn statement recorded in the civil registry, the subsequent
marriage is “automatically terminated”

- exception to the exception  if there was a previous judgment annulling or declaring the first marriage a nullity, the
subsequent bigamous marriage remains valid

Article 43 – effects of termination of subsequent marriage:

 children of the subsequent marriage conceived prior to its termination shall be considered legitimate
(this status of children shall be considered valid even if one of the contracting parties is in bad faith)
 the absolute community or conjugal property shall be dissolved and liquidated. If either spouse acted in bad
faith, his/her share in the net profits shall be forfeited:
o in favor of the common children;
o if none, in favor of the children of the guilty spouse by previous marriage; or
o in default of children, in favor of the innocent spouse
 donations by reason of marriage remain valid except if donee contracted the marriage in bad faith
 the innocent spouse may revoke the designation of the spouse in bad faith as the beneficiary in any
insurance policy; and
 the spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the
innocent spouse by testate or intestate succession

* note: The above effects apply in voidable bigamous marriages. Except for (1), the above effects also apply to
marriages which are annulled or declared void ab initio under Art. 40 of the Code.

Article 44 – if both spouses of the subsequent marriage acted in bad faith, such marriage shall be void ab initio, and all
donations (by reason of marriage and testamentary dispositions) are revoked by operation of law

Compiled by: Ayah Hamdani

 - if only 1 of the contracting parties, whether present/would-be spouse to the subsequent marriage was in bad faith,
marriage is still valid
- the subsequent marriage shall be considered void only if both spouses in the said subsequent marriage are in bad
faith

Article 45 – a marriage may be annulled for any of the following causes: (existing at the time of marriage)
(defect in the essential requisites  so it’s voidable)
 age of the party in whose behalf it is sought to have the marriage annulled was 18 or over but below 21, the
marriage was solemnized without the consent of the parents or guardian, in that order, and both lived
together as husband and wife
 unsound mind of either party
 fraudulent means of obtaining consent of either party
 vitiated consent of either party through force, intimidation or undue influence
 physical incapability of either party to consummate the marriage with the other, and such incapacity
continues and appears to be incurable
 sexually-transmitted disease of either party found to be serious and appears to be incurable

- in nos. 1-4, the mode of ratification is cohabitation; in nos. 5 & 6, there is no ratification because the defect is
permanent

Annulment Legal Separation

(a) the marriage was defective at the very beginning (a) there was no defect of the marriage at the beginning
(b) the cause for annulment must be already existing at the (b) the cause for legal separation arises after the marriage
time of the marriage celebration
(c) there are 6 grounds for annulment (Art. 45) (c) there are ten grounds for legal separation (Art. 55)
(d) annulment dissolves the marriage bond; the parties are (d) the marriage remains
free to marry again
(e) the grounds are generally those given in the lex loci (e) the very validity of the marriage itself is not questioned
celebrationis

Article 46 – circumstances amounting to fraud under Art. 45(3):  there is a need for conviction for final judgment
 non-disclosure of a previous conviction by final judgment of the party of a crime involving moral turpitude;
 concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than
her husband;
 concealment of a sexually transmitted disease, regardless of its nature, existing at the time of the marriage;
(nature or gravity is irrelevant)
 concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of the
marriage

- note: misrepresentation as to character, health, rank, fortune or chastity is not a ground for annulment

Article 47 – action for annulment of marriage must be filed by the following persons and within the periods indicated:

Causes Persons Period

1. Non-age * his or her parent – before party becomes * within 5 years after reaching 21
21
* the party himself or herself – after party
becomes 21
2. Unsoundness of mind * the spouse (who did not know of the * at any time before the death of either
other's insanity) or the relatives or guardians party
of the insane
3. Fraud * the injured party * within 5 years after the discovery of
the fraud
4. Force or Intimidation or * the injured party * within 5 years from the time the force
Undue Influence or intimidation or undue influence
ceased

Compiled by: Ayah Hamdani

 5. Impotence * injured party * within 5 years after the celebration of
marriage
6. Sexually Transmissible * injured party * within 5 years after the celebration of
Disease marriage

Article 48 - annulment or declaration of absolute nullity of marriage, the prosecuting attorney or fiscal assigned
 to appear
 to prevent collusion
 to take care that evidence is not fabricated or suppressed.

- no judgment shall be based upon a stipulation of facts or confession of judgment

- Confession of Judgment Defined:

(a) Confession of judgment by warrant of attorney – authority given by defendant to plaintiff's attorney allowing the
latter to tell the court that the defendant confesses or admits the plaintiff's claim to be true and just.
(b) Confession of judgment or judgment by confession cognovit actionem – rendered where, instead of defending
himself, the defendant chooses to acknowledge the rightfulness of the plaintiff's action.

- Who Pays for the Attorney's Fees and Other Expenses in Annulment Cases?
(a)if the action prospers, (and the annulment is granted), the absolute community property shall be liable.
(b)if the marriage is not annulled, whoever brought the action shall pay for the attorney's fees and other litigation
expenses.

Article 49 - during the pendency of action and in the absence of adequate provisions in a written agreement between the
spouses, the Court shall:
 provide for the support of the spouses and the custody and support of their common children
 shall give paramount consideration to the moral and material welfare of said children and their choice of
the parent with whom they wish to remain
 provide for appropriate visitation rights of the other parent

Article 50 – (par.1) effects of termination of marriage (Art. 43) and void marriages (where both spouses both acted in bad faith,
Art. 44) shall also apply to marriages which are declared void ab initio (Art. 40) or annulled by final judgment (Art. 45)
- (par. 2) absolute community of property or conjugal partnership of gains, are liquidated

Article 51 - presumptive legitimes  no prejudice to the ultimate successional rights of children; advance inheritance

Art. 147  man and woman have the capacity to marry each other; parties live together as husband and wife; union
is without the benefit of marriage, or their marriage is void
Art. 148  void marriages where the parties have impediment e.g. bigamous marriage, or adulterous relationship

Article 52 – to be recorded in the appropriate civil registry and registries of property:

 the judgment of annulment or of absolute nullity of the marriage
 the partition and distribution of the properties of the spouses
 the delivery of the children's presumptive legitimes

* otherwise, the same shall not affect third persons

Article 53 – (last void marriage under Art. 35) either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void

Article 54 – children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36
has become final and executory shall be considered legitimate
- children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate

Legal Separation

Compiled by: Ayah Hamdani

 Two Kinds of Divorces:
(a) Absolute divorce – marriage is dissolved
(b) Relative divorce or legal separation – marriage is not dissolved; here the parties are merely separated from bed
and board.

Rules for Absolute Divorce Today Both Under the Civil Code and the Family Code
(Without Prejudice to Muslim Divorces)
(a) if the action is brought here in the Philippines:
1) between Filipinos – will not prosper
2) between foreigners – will not prosper
(b) if the action is brought in a foreign court
1) between Filipinos – will not be recognized here
2) between foreigners – recognized here subject to the following conditions:
· the foreign court has jurisdiction to grant the absolute divorce
· said divorce is recognized as valid by the personal law of the parties involved
3) between a Filipino & a foreigner – if obtained by foreigner & valid according to his personal law, valid for
both foreigner & Fil.

Legal Separation Separation of Property

(a) must be done thru the court (a) if one prior to marriage – may be done thru the marriage settlement;
done during the existence of the marriage – must be done thru the court
(b) always involves also separation of property (b) may exist with or without legal separation
(c) may be considered as a cause of separation of property (c) may be considered as one of the effects of legal separation
(d) the spouse persons are necessarily separated (d) the spouse persons are not necessarily separated

Article 55 – grounds for legal separation:

 repeated physical violence or grossly abusive conduct
(physical violence)
- upon the petitioner, a common child, or a child of the petitioner
- this connotes the infliction of bodily harm
- the frequency of the act and not the severity of the same is the determinative factor
(grossly abusive conduct)
- determined on a case to case basis
 physical violence or moral pressure to compel the petitioner to change religious or political affiliation
 corrupt or induce to engage in prostitution, or connivance in such corruption or inducement
- refers to prostitution only, it cannot be any other immoral or corrupt act
- a mere attempt is enough to be a ground for legal separation
 final judgment , imprisonment of more than 6 years, even if pardoned
- the offense could be to anybody
 drug addiction or habitual alcoholism
- can exist even after the marriage ceremony
 lesbianism or homosexuality
- can exist even after the marriage ceremony
 subsequent bigamous marriage, whether in the Philippines or abroad
- an act illegally contracting a second marriage
 sexual infidelity or perversion
- sexual intercourse with a person other than his/her spouse
 attempt against the life of the petitioner
- must proceed from an evil design and not from any justifiable cause like self-defense
- can be proven by preponderance of evidence
 abandonment without justifiable cause for more than 1 year
- must be willful
- implies a total renunciation of his or her duties
- must be wrongful

Compiled by: Ayah Hamdani

Compiled by: Ayah Hamdani