THE FAMILY
CODE IN THE
PHILIPPINES
Executive Order No. 209 as amended
FAMILY
CODE
Family code is a comprehensive set of laws,
govern family relations, including marriage,
property rights, parental authority, support,
and succession.
FAMILY
FAMILY IS A FUNDAMENTAL UNIT OF A
SOCIETY, A GROUP OF PEOPLE WHO
ARE RELATED TO EACH OTHER,
TYPICALLY THROUGH BLOOD OR
MARRIAGE.
TITLE 1
MARRIAGE
CHAPTER 1.
REQUISITES OF MARRIAGE
ARTICLE 1. Marriage is a special contract
of permanent union between a man and a
woman entered into in accordance with the
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 the 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
ARTICLE 2. No marriage shall be valid,
unless these essential requisites are present:
1. Legal capacity of the contracting parties
who must be a male and a female
2. Consent freely given in the presence of
solemnizing officer.
ARTICLE 3. THE FORMAL REQUISITES OF MARRIAGE ARE:
1. Authority of the solemnizing officer
2. A valid marriage license
3. A marriage ceremony which takes place with the
appearance of contracting parties before the
solemnizing officer and their personal declaration that
they take each other as husband and wife in the
presence of not less than two witnesses of legal age.
CHAPTER 2.
MARRIAGES OF EXCEPTIONAL
CHARACTER
IN LEGAL TERMS, MARRIAGE OF
EXCEPTIONAL CHARACTER REFERS TO
UNIONS SOLEMNIZED UNDER SPECIFIC
CIRCUMSTANCES NOT COVERED BY
THE USUAL REQUIREMENTS FOR
STANDARD MARRIAGE.
MARRIAGES OF EXCEPTIONAL
CHARACTER
In the Philippines, marriages of
exceptional character are recognized
under chapter 2 of title III of the family
code(act no. 3613), covering specific
situation outside the usual
requirements for a standard marriage.
CHAPTER 2.
8 EXCEPTIONAL
MARRIAGES IN THE
PHILIPPINES
1. MARRIAGES IN EXTREMIS (at the point
of death)
2. MUSLIM MARRIAGES
3. MARRIAGE BY PROXY
1. MARRIAGES IN ARTICULO
MORTIS
A WITNESSED CEREMONY WITH A
SOLEMNIZING
OFFICER(PRIEST,MAYOR) IS STILL
NECESSARY TO VALIDATE THE
UNION.
2. MARRIAGES IN
REMOTE PLACES
OCCUR IN A GEOGRAPHICALLY
ISOLATED AREAS WHERE ACCESS TO
AUTHORIZED OFFICIALS OR
REGISTRATION FACILITIES ARE LIMITED
3.CONSULAR MARRIAGES
TAKE PLACE ABROAD FOR FILIPINOS
OR WITH FOREIGN PARTNERS.
4.RATIFICATION OF MARITAL
COHABITATION
ACKNOWLEDGE A LONG STANDING
RELATIONSHIP BETWEEN PARTNERS
WHO HAVE LIVED TOGETHER AS
HUSBAND AND WIFE FOR AT LEAST
FIVE YEARS WITHOUT LEGAL
IMPEDIMENT.
5. RELIGIOUS RATIFICATION
OF A CIVIL MARRIAGE.
APPLIES WHEN A COUPLE WHO HAD
CIVIL CEREMONY LATER CHOOSES
TO HAVE THEIR UNION BLESSED OR
RECOGNIZED BY THEIR RELIGIOUS
INSTITUTIONS.
CHAPTER 3.
• VOID AND VOIDABLE MARRIAGES
VOID AND VOIDABLE
MARRIAGE
• THESE ARE MARRIAGES
VOID MARRIAGE
CONSIDERED NON- EXISTENT
FROM THE VERY BEGINNING DUE
TO THE ABSENCE OF ESSENTIAL
ELEMENTS OR THE PRESENCE OF
LEGAL IMPEDIMENT.
VOID AND VOIDABLE MARRIAGE
• VOIDABLE MARRIAGE
THESE ARE MARRIAGES CONSIDRED
VALID UNTIL ANNULLED BY A COURT
THEY ARE INTO WITH LEGAL FLAWS
OR CIRCUMSTANCES THAT COULD
RENDER THEM INVALID,BUT THESE
FLAWS ARE NOT AUTOMATICALLY
FATAL TO THE MARRIAGE.
FIVE EXAMPLES OF VOID
MARRIAGE IN THE PHILIPPINES:
• BEGAMY
• INCESTUOUS RELATIONSHIPS
• LACK OF LEGAL CAPACITY
• UNOFFICIAL SOLEMNIZATION
• FRAUDULENT CONSENT
• PSYCHOLOGICAL INCAPACITY
FIVE EXAMPLES OF VOIDABLE
MARRIAGE IN THE PHILIPPINES:
• FORCE,INTIMADATION,OR UNDUE INFLUENCE
• MISTAKE
• CONCEALMENT OF FACTS
• NON-CONSUMATION
• PSYCOLOGICAL INCAPACITY
• SUBSEQUENT IMPOTENCE
• HOMOSEXUALITY
• GENDER REASSIGNMENT
AUTHORITY TO SOLEMNIZE
MARRIAGES
IS A TERM USED TO DESCRIBE THE
LEGAL STATUS OF SOMEONE WHO
OFFICIALY PERFORM A MARRIAGE
CEREMONY.
IN THE PHILIPPINES:
SOLEMNIZING OFFICERS(SOs)THESE
ARE INDIVIDUALS AUTHORIZED TO
OFFICIATE MARRIAGES, AS DEFINED
BY FAMILY CODE OF THE PHILIPPINES
AND ADMINISTRATIVE ORDER NO. 1
SERIES OF 2021.
WHO CAN SOLEMNIZE MARRIAGES
CIVIL OFFICIALS
Municipal/ City Mayor
Judge: Any judge within their jurisdiction
Consul- General or Vice – Consul: For Filipino citizens
abroad
RELIGIOUS SOLEMNIZING OFFICERS
Priest, rabbi, imam or minister: Only if they are :
• Duly authorized by their church or religious sect
• Registered by the Civil Registrar General
• Acting within the limits of written authority from their
church or sect.
• At least one contracting party belongs to their
church or sect
SPECIAL CASES:
Ship Captain or Airplane Chief : In marriages in
articulo mortis (on the point of death)
Military commander : During military operation,
in marriages in articulo mortis (on the point of
death) if no chaplain is available.
Thank
you!
PRESENTED BY: BANGSA-EL, JIRAH L.
LIMON , CHERRY ANN
A.
