CONSTITUTIONAL FOUNDATIONS OF FAMILY LAW

Article II, (12) Article II (14) Article XV Article III (1)

The Constitution protects the sanctity of the The Constitution recognizes and supports The State has an interest in protecting the The right to due process of law is
family, and shall protect the mother and the the role of women in Nation building. family as the basic foundation of society, at constitutionally guaranteed. Laws must
unborn child from conception. marriage as an inviolable social institution. demonstrate a fit between compelling state
interest and the means they’ll employ.

Civil Persons and Personality

Civil Persons
Are entities legally susceptible to rights and obligations. NCC 37
(Tolentino) Has Juridical Capacity, the capability to enjoy rights. Has Capacity to Act, the capability to exercise such rights,
which may be lost.

2 TYPES OF PERSONS
Relevant Provisions Natural Juridical Relevant Provisions
NCC 40 Acquires personality through birth. Artificial entities formed by individuals with a
common purpose.
Birth is defined as being alive upon complete delivery from the May be:
mother. 1) The State and its political subdivisions
2) Public Corporations NCC 44
3) Private Corporations
Fetuses below 7 months of age must survive 24 hours outside the Are subject to self regulation (company and
NCC 41 womb, otherwise they are not considered persons. administrative charters) and state regulations
(applicable laws). NCC 45
NCC 42 Ends at Death, along with all rights and obligations. May incur Criminal and civil liabilities and hold NCC 46
property.
If there’s doubt as to whether a person died before another, and
both are to succeed each other, they are assumed to have died at the Subject to Dissolution, either voluntarily or
same time in the absence of proof to the contrary. through law (i.e. acts of congress for public
corporations, expiration under corporate law)
NCC 43 NCC 46
1) If both <15, then the older survived
2) If both >60, then the younger survived
3) If one <15 and the other >60, the former survived
4) If both are between 15 and 60, and sexes are different, the
male survived, of sexes are the same, the older survived.
5) If one is either <15 or >60, and the other between those ages,
Succession According the latter survived. Assets of dissolved Juridical Persons are to be NCC47
to Rules of Court disposed of according to law.
123
RESTRICTIONS ON CAPACITY TO ACT AND EFFECTS ON CONTRACTS
(Restrictions Enumerated in NCC 6, 38-39, insolvency and trusteeship not included but named in the law)
The General Rules:
NCC 1390 and 1403: Contracts where one (1390) or both (1403) parties are incapable of action are voidable in the former and unenforceable in the latter.
NCC 38: People covered by the restrictions listed below are not exempt from certain obligations arising from property relations.
NCC 1397: Actions for annulment may be instituted by the principals in the contract and its subsidiaries. Those with capacity to act may not plead the incapacity of a party to the contract.
NCC 1399: Those who are without capacity not obliged to provide restitution in their contracts, except for when they have benefited from said contracts.
Waivers Minority Insanity Deaf- Prodigality Civil Family Absence
Mutes Interdiction Relations
NCC 6: RA 6809: NCC 1327 NCC 1327 Rules of NCC 38 NCC 390
Rights may be Minors are people Insane These Court, 92(2) Civil interdiction Absence for 7 years equals
waived, unless below the age of 18 people people Prodigals are is a restriction on presumption of death for all
they: NCC 1327: cannot cannot considered capacity to act. purposes save succession,
1) Violate law Covers Un-emancipated consent to consent to incompetents which is open after 10 years of
Who Are 2) Disrupt Public Minors, obsolete due to contracts. contracts if and subject to absence.
Covered Order RA6809. illiterate. guardianship. NCC 391:
3) Disobey 4 years absence will suffice
Public Policy for:
4) Counteract 1) Those lost at sea
good morals 2) Lost during flight
5) Prejudice a 3) Lost during war
third person 4) Lost and near-death
What Are NCC 1489 NCC 1328 NCC 820 Rules of NCC 123 NCC 1409 FC 124
The Minors must pay for Contracts May not Court, 92(2) Marriage Prescription does CPG may be administered by
Effects necessaries delivered entered into witness to Prodigals may settlements qill not run between the spouse present but not
and sold to them. during lucid wills. not administer require the spouses. dissolved or encumbered.
NCC 1426-1427 intervals are to their intervention of a NCC 1490
When minors enter into valid, those NCC 807 property nor guardian. Spouses can’t sell
contracts without entered into Must, if take care or to each other.
parental/guardian’s during testator to a themselves. RPC 34 FC 37 and 87:
consent, and they either hypnosis or will, read Marital, parental, Look under
pay for goods or return drunkenness the said guardianship, and Marriages
their goods received, are voidable. will property rights FC 215
they may not demand to personally are deprived from One is not
have such or be read those under civil compelled to
payment/returned goods its contents interdiction. testify against
back. by two ascendants or
RPC 12, 68: persons. descendants
Minority may exempt unless the offense
from or mitigate was against one’s
criminal liability, and self or a parent.
minors are entitled to
lesser penalties.
MARRIAGE
Premarital Controversy: Premarital Agreements
NCC 19 NCC 21 NCC 20 NCC 2176
Agreements are done with consideration to A willful breach of agreement leading to If breached willfully or negligently, the Willful acts or omissions leading to
justice, honesty, and in good faith. damages requires the guilty party to provide guilty party must indemnify the other damages are quasi-delicts and require
compensation compensation.

Marriage Defined (FC 1, Memorize)

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.

Requisites of Marriage:
ESSENTIAL (FC 2) FORMAL (FC 3)
1. Legal Capacity of both parties 1) Authority of the solemnizing officer
 FC 5: Male and female, both 18 and up. 2) A valid marriage license
(NB: FC 14 requires parental consent for parties 18-21 and FC 15 requires 3) A marriage ceremony with:
parental advice for parties 21-25) - Both parties present
2. Consent Freely Given - Before the solemnizing officer
- Seen by 2 or more witnesses of legal age.
- With personal declaration of each other taking their partner as husband/wife.

NCC 17: Formal requisites follow the country of execution of the contract.
Marriage follows NCC 17, but for essential requisites Philippine law is always honored.

FC 4: Absence of either requisite render marriages void. Defects in Essential requisites make a marriage void, while defects in formal requisites merely makes one voidable.
NCC 220: Marriage and family life are presumed existent until proven otherwise.

Formal Requisites Explored

1. Solemnizing Officers
Who May Solemnize? (FC 7) Requirements To Solemnize:
1. Members of the Judiciary Incumbent, Within Jurisdiction
2. Religious Officers -Duly Registered with the Local Civil Register
-Authorized to solemnize within the congregation/religion
-Shares religion with at least one of the contracting parties.
3. Ship Captains and Airplane Chiefs FC 31
-At least one party is in articulo mortis (near-death)
-Allowed also in stopovers and ports of call.
4. Military Commanders FC 32
-At least one party is in articulo mortis
-The unit has a chaplain assigned, albeit absent.
-Applies to civilians and military personnel alike within the zone of operations
5. Consul Generals, Consuls, Vice Consuls FC 10
-Both parties are Filipinos abroad.
 (NB: The Consular Officer will likewise assume the issuance of the Marriage License and registration
of the marriage in the Local Civil Register)
2. Marriage Licenses: Requirements and Procedure
Sworn Application (FC 11) Documentary Requirements Duties Of The Local Civil Registrar Exceptions
Each Party will submit a sworn Proofs Of Age (FC 12) Public Notice (FC 17) Marriages Of Exceptional Character
application to the Local Civil 1. Original or Certified True Copy of The registrar will post a notice of the FC 27
Registrar with the following details: the Birth Certificate marriage: One or both parties are in articulo mortis.
2. If the above is unavailable, the -For 10 days
1. Full Name original or certified true copy of -Containing the names and residences FC 28
2. Place of Birth the Baptismal Certificate of the parties One or both parties lives too far away from the Local Civil
3. Age and Date of Birth 3. If neither of the preceding are -Requesting interested parties who Registrar.
4. Civil status available, a Residence Certificate know of legal impediments to the
5. How, When, Where any previous or Affidavit of 2 witnesses union to please come up and be FC 29 and 30:
marriages were annulled/dissolved. noticed. In the above-mentioned cases, the solemnizing officer must
6. Present residence and citizenship -Exceptions- present/execute attesting to the exceptional circumstances of
7. Degree of relationship between 1. When the parties’ parents come the marriage and send the original affidavit and original
parties and swear to the ages of their marriage contract to the local civil registrar within 30 days of
8. Full Name, residence, and children before the Local Civil the marriage.
citizenship of father Registrar
9. Same, for the mother 2. If upon personal observation the FC 33
10. Same, for the guardian, if the Registrar deems the couple of age Marriages where both parties are muslims.
applicant is below 21 and parentless
FC 13 FC 34
If one party was previously married, Couples living together as husband and wife for at least 5
in which case he must prove its years, unmarried yet without legal impediment.
dissolution

Cases Where Parental Consent Or When Impediments Arise (FC 18)

Advice Is Needed (FC 16)
The solemnizing officer must prepare -The license will issue anyway unless:
a certificate indicating that the parties >Stopped by court
have gone through marriage >Stopped by an interested party
counseling. -Said impediments will be reflected in
the marriage application, not the
license
Other Duties
FC 24
-To prepare documents and
administer oaths concerning marriage

FC 25
-To file all marriage applications by
order of received, and to record the
applicants’ names, dates of issuance
of license, et al.
Effectivity Of The Marriage License
Who May Issue How Long Is It Valid Requirements For Foreigners
FC 9 FC 20 Proof of Capacity to marry taken from their respective diplomatic or
-Local Civil Registrar 120 days from issuance consular officials.
FC 10
-Consular Officers
3. The Marriage Certificate and Ceremony
The Marriage Certificate The Marriage Ceremony
FC 22:The Marriage Certificate Indicates The Following: FC 6: The Issue Of Religious Rites
1.Name, Age, Sex of parties There’s no prescribed religious rite for marriage. The contracting parties must appear before the
2.Citizenship, Residence, Religion of Parties solemnizing officer and swear their oaths in the presence of 2 witnesses of legal age.
3.Indication that the Marriage License was Issued
4.Date/Time of Marriage FC 8: Ceremonies Must Be Public
5.Show that Parental Consent was secured Ceremonies are to be held in these places, unless the marriage is of exceptional character:
6.Show that Parental Advice was secured 1.Church
7.Marriage Settlements 2.Judge’s Chambers
3.Open Court
FC 23:Duties of The Solemnizing Officer 4.Consular Office
1.To give the original Certificate to either of the contracting parties
2.To send duplicat6e and triplicate copies of the Certificate to the Local Civil
Registrar within 15 days, which the registrar will issue receipt for
3.The Solemnizing officer shall retain quadruplicate copies of the:
-Marriage Certificate
-Original Marriage License
-For marriages not solemnized publicly according to FC 8, affidavits of the
contracting parties to the solemnization

VOID AND VOIDABLE MARRIAGES

General Rules:

Void Voidable
Legal Effect none Legal until annulled
Ratification Cannot ratify Ratified
Prescription none 5 years of cohabitation, except for Physical Incapacity or presence of STD
Attack Collateral or Direct Direct
Who May Attack Any Interested Party Spouses
Status Of Illegitimate Legitimate
Children
Custody of With mother Below 7, mom
Children Above 7, children’s choice is considered
CPG/ACP none Exists until attacked
VOID AND VOIDABLE MARRIAGES
Void Marriages Effects
Grounds Who Files When Prescribed
FC 35: Any FC 39: FC 50
Final Judgment provides for:
Interested -Liquidation, partition, and distribution of properties.
-Support of children and delivery of their presumptive legitimes.
Party -Creditors will be told of liquidation.

FC 51
Presumptive Legitimes:
-Are computed from time of judgment
-Delivered in cash, property, or sound securities unless otherwise
mutually agreed upon in court
-Children and their guardians may demand their share
These cannot prejudice the children’s succession rights, and are
counted as advances on their legitimes.

1. Contracted below 18 years of -Never

age (NB: the old rule was that pre-Family Code marriages should
have declarations of nullity filed within ten years of the
2. Solemnized without authority of Code’s effectivity. That period has long come and gone,
Solemnizing Officer, unless hence this clause is effectively obsolete).
parties acted in good faith

3. Bigamous or Polygamous
unions established without
establishing the absence of the
previous spouse

4. Mistaken identity between

contracting parties

5. Subsequent Marriages
following Improper annulment
FC 36: Psychological Incapacity
1.Existent during marriage
2.Incurable
3.Is an actual personality disorder
4.Sufficiently grave
 Void Marriages Effects
Grounds Who Files When Prescribed
Marriages Within Families, Murders Any FC 39: All effects listed in the
FC 37 -Never previous page, including:
Incest between ascendants and Interested (NB: the old rule was that pre-Family Code marriages should have declarations of nullity
descendants, and blood-siblings filed within ten years of the Code’s effectivity. That period has long come and gone, FC 52
Party hence this clause is effectively obsolete). The Local Civil Registrar
FC 38 shall record:
1. Between relatives up to 4th degree -The Final Judgment of
2. Step parents and step children Nullity/Annulment
3. Parents and children in law -Partition of Property
4. Adoptive Parents and Children -Delivery of presumptive
5. Surviving spouse of Adoptive parent legitimes
and adopted child If not registered/recorded,
6. Surviving spouse of Adopted child these have no effect on any
and adoptive parent 3rd persons.
7. Adopted children and natural children
of same parents FC 40
8. Adopted siblings of the same adoptive Remarriage is allowed
parent following final judgment’s
9. Marriages where one spouse murdered decree.
the former spouse of the current spouse.
FC 53
Remarriage is possible after a
declaration in Final Judgment
of Nullity or Annulment.

FC 54
Children conceived or born
before a judgment of
Psychological Incapacity is
final and executory or after a
valid subsequent marriage are
legitimate.
 Void Marriages Effects
Grounds Who Files When Prescribed
Subsequent Marriages Any FC 39: All effects listed in the previous page,
FC 41 -Never including, in the case of subsequent
Marriages contracted in the Interested (NB: the old rule was that pre-Family Code marriages should have declarations of nullity marriages:
subsistence of a prior marriage are filed within ten years of the Code’s effectivity. That period has long come and gone,
null and void, unless the spouse Party hence this clause is effectively obsolete). FC 43
present has a well-founded belief 1. Children conceived before termination of
that the spouse from prior subsequent marriage are legitimate.
marriage is dead, was absent for 2. The ACP/CPG is dissolved and liquidated
four years (2 if in danger of death, in favor of the innocent spouse
lost at sea or air), and has been 3. Donations by reason of marriage remain
declared dead in a summary valid unless a spouse acted in bad faith, in
proceeding. which case donations are revoked.
4. Innocent spouses may revoke insurance
FC 44 benefits of guilty spouses
Subsequent Marriages contracted 5. Guilty spouses cannot inherit from
in Bad Faith by both parties are innocent spouses
void.
 Voidable Marriages
Grounds Who Files When Prescribed Effects
FC 45 FC 45 FC 45 Pendency Final Decree
1. Parental Consent 1. Party without 5 years of FC 49: FC 50
was not acquired consent or his/her cohabitation, except The court will decide on the Final Judgment provides for:
but needed parent/guardian for cases 5-6, in custody and support of -Liquidation, partition, and distribution of properties.
2. Either party was 2. Sane Spouse, which there’s none. children, taking into account -Support of children and delivery of their presumptive legitimes.
of unsound mind guardian of insane their welfare and, if over -Creditors will be told of liquidation.
3. Consent obtained spouse, or insane FC 40 seven, their choice or FC 51
through fraud spouse during a When there’s parent. Below 7, they go to Presumptive Legitimes:
4. Consent obtained lucid interval or collusion between the mother. -Are computed from time of judgment
through Force after recovery. spouses. -Delivered in cash, property, or sound securities unless otherwise mutually agreed
5. Physical 3. For cases 3-6, the NCC 369 upon in court
incapacity injured party Children conceived before -Children and their guardians may demand their share
6. STD annulment use the father’s These cannot prejudice the children’s succession rights, and are counted as advances
surname. on their legitimes.
FC 52
The Local Civil Registrar shall record:
Reappearance of Absent Spouses -The Final Judgment of Nullity/Annulment
Grounds In The Who Files in Cases When Prescribed Effects Of Reappearance -Partition of Property
Civil Code of Reappearance -Delivery of presumptive legitimes
NCC 85 The reappearing Never, as long as FC 42: If not registered/recorded, these have no effect on any 3rd persons.
Marriages where a spouse the spouses live. If the spouse reappears, and FC 53
previous spouse declares an affidavit of Remarriage is possible after a declaration in Final Judgment of Nullity or Annulment.
believed dead reappearance, the FC 54
reappears. subsequent marriage is Children conceived or born after a valid subsequent marriage are legitimate.
terminated.
NCC 371
In case of annulment of marriage, and the wife is the guilty party, she shall resume
her maiden name and surname. If she is the innocent spouse, she may resume her
maiden name and surname. However, she may choose to continue employing her
former husband's surname, unless:

(1) The court decrees otherwise, or

(2) She or the former husband is married again to another person.
LEGAL SEPARATION
Grounds (FC 55) Defenses (FC 56) Filing And Trial Period Effects
1. Repeated physical violence against: 1. Condonation FC 57 Filing Decree
-Petitioner or petitioner’s child Within 5 years of occurrence of grounds FC 61 FC 63
-common children -Spouses may live -Spouses may live apart
2. Consent apart. -ACP/CPG is dissolved
2. Physical or moral violence forcing FC 58 -Administration of in favor of the innocent
petitioner to change religious or political No trial until 6 months after filing ACP/CPG may be spouse.
beliefs 3. Connivance given by court to -Custody of children will
either spouse or a favor the innocent spouse
3. Involvement or connivance into FC 59 third party/guardian. (exception: FC 213
inducing: 4. Recrimination Reconciliation will first be attempted ALWAYS gives custody
-Petitioner or petitioner’s child FC 62: of children below 7 to the
-common children FC 49 applies: mother).
Into prostitution. 5. Collusion FC 60 FC 49: -Guilty spouse cannot
No decree will be based on confession of The court will decide inherit through intestate
4. Final Judgment of respondent to a judgment or stipulation of facts. on the custody and succession.
crime, with a sentence of more than 6 6. Prescription support of children, NCC 372
years imprisonment, even if pardoned taking into account -the wife retains
their welfare and, if whatever surname she
5. Drug Addiction or habitual alcoholism over seven, their used in the marriage.
choice or parent.
6. Homosexuality or lesbianism Below 7, they go to
the mother.
7. Subsequent bigamy by respondent
during the marriage Reconciliation
FC 65:
8. Sexual infidelity or perversion (NB, Accomplished through a joint manifestation
under NCC 97 this was on of the two signed by both spouses.
grounds for separation, phrased as FC 66
adultery or concubinage) -Legal separation proceedings will cease, or if
finalized, will be set aside.
9. Abandonment FC 67
Former property relations may be revived
10. Attempt on a spouse’s life by the other -Requires a statement accomplished under oath
(the only other ground also listed in NCC and filed in the same court as the proceedings for
97) separation, indicating:
1. Properties contributed anew
2. Properties to remain separate
3. Names of all known creditors and amounts
owed