Title
Supreme Court
Family Code of the Philippines: Marriage and Family Law
Law
Executive Order No. 209
Decision Date
Jul 6, 1987
Corazon C. Aquino's Executive Order No. 209 establishes the Family Code, redefining marriage and family relations in the Philippines to align with contemporary values and ensure gender equality, outlining essential requisites for valid marriages and the roles of solemnizing officers.

Q&A (EXECUTIVE ORDER NO. 209)

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, considered the foundation of the family and an inviolable social institution.

The essential requisites are (1) legal capacity of the contracting parties, who must be a male and a female; and (2) consent freely given in the presence of the solemnizing officer.

Marriage may be solemnized by any incumbent member of the judiciary, any duly authorized priest, rabbi, imam, or minister of religion, any ship captain or airplane pilot (in specific cases), any military commander during military operations, or any consul-general, consul, or vice-consul for Filipinos abroad.

Generally yes, but there are exemptions such as marriages in articulo mortis, in remote places without means to appear personally before the registrar, among Muslims and ethnic cultural communities solemnized according to their customs, and where the couple have lived together for five years without legal impediment.

Grounds include lack of parental consent when required, unsoundness of mind, consent obtained by fraud or force, physical incapacity to consummate marriage, and presence of a serious, incurable sexually transmissible disease at the time of marriage.

Legal separation entitles spouses to live separately but does not sever marriage bonds; dissolves and liquidates the absolute community or conjugal partnership but penalizes the offending spouse; awards custody to the innocent spouse; disqualifies the offending spouse from inheriting from the innocent spouse.

Absolute community of property includes all properties owned and acquired during marriage by both spouses, while conjugal partnership of gains includes only the fruits, income and properties acquired during marriage, with exclusive properties retained separately.

Parents have the right and duty to support, educate, instruct, morally guide, and represent their unemancipated children; to demand respect and obedience; to impose discipline; and to generally care for their moral, mental, and physical development.

The adopted child becomes the legitimate child of the adopters for all civil purposes, parental authority transfers to adopters, the adopted may use the surname of the adopters, and legal succession rights as provided are established.

Support includes needs indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, subject to financial capacity. Obliged to support each other are spouses, legitimate ascendants and descendants, parents and their legitimate and illegitimate children, and legitimate brothers and sisters.


Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.