Family Code of the Philippines 1987

Policy and constitutional purpose

Article 1 declares marriage as an inviolable social institution whose consequences and incidents are governed by law.
Executive Order No. 209 is promulgated to strengthen marriage and family as basic social institutions and ensure equality between men and women (WHEREAS clauses).

Key definitions and foundational rule

Article 1 defines marriage as 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.
Marriage is the foundation of the family and an inviolable social institution (Article 1).
A “marriage settlement” is recognized as a permitted stipulation affecting property relations during the marriage, within the limits of the Code (Article 1).

Marriage requisites and solemnization

Marriage is valid only if the essential requisites exist: (1) legal capacity (male and female) and (2) consent freely given in the presence of the solemnizing officer (Article 2).
Marriage’s formal requisites are: (1) authority of the solemnizing officer; (2) a valid marriage license except in license-exempt cases in Chapter 2; and (3) a ceremony where the parties appear personally, declare they take each other as husband and wife, and at least two witnesses of legal age are present (Article 3).
Absence of an essential or formal requisite makes the marriage void ab initio, except in the specific exception stated in Article 35 (2) (Article 4).
A defect in essential requisites makes the marriage voidable under Article 45 (Article 4).
Irregularities in formal requisites do not affect validity, but the responsible party or parties incur civil, criminal, and administrative liability (Article 4).
Either party must be at least eighteen years of age and must not be under impediments in Articles 37 and 38 to contract marriage (Article 5).
No prescribed religious rite or form is required, but the parties must personally appear and declare the marriage in front of the solemnizing officer and at least two witnesses of legal age, and the declaration must be in the marriage certificate, signed and attested accordingly (Article 6).
In articulo mortis when the party at the point of death is unable to sign the marriage certificate, it is sufficient that one witness writes the name of the party, attested by the solemnizing officer (Article 6).

Who may solemnize and where

Marriage may be solemnized by: (1) any incumbent member of the judiciary within the court’s jurisdiction; (2) an authorized priest/rabbi/imam/minister registered with the civil registrar general under the conditions in Article 7 (2); (3) a ship captain or airplane chief in the Article 31 situation; (4) a military commander in the Article 32 situation; and (5) a consul-general, consul or vice-consul in the case in Article 10 (Article 7).
The marriage must be solemnized publicly in: the chambers of the judge or open court; or in a church/chapel/temple; or in the consul office—not elsewhere, except for (a) marriages at the point of death, (b) remote places under Article 29, or (c) when both parties request in writing and in a sworn statement that the marriage may be solemnized at a house or place they designate (Article 8).

Marriage license, applications, publication

A marriage license is issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in cases exempt from license under Chapter 2 (Article 9).
Where both parties (or either) are Filipino citizens abroad, marriage may be solemnized by a Philippine consul-general/consul/vice-consul, and the consular official performs the issuance and consular duties that normally involve the local civil registrar and solemnizing officer (Article 10).
Where a license is required, each contracting party must separately file a sworn application with the proper local civil registrar specifying the full set of required personal and family data listed in Article 11 (1)–(10) (Article 11).
When filing for a license, applicants, parents, or guardians are not required to exhibit residence certificates in the license formality (Article 11).
The local civil registrar requires presentation of original birth certificates or, failing that, baptismal certificates, or duly attested copies by persons holding custody (Article 12).
Birth/baptismal documents and certified copies under Article 12 are exempt from documentary stamp tax, and the issuing person’s signature and official title prove authenticity (Article 12).
If a contracting party cannot produce birth/baptismal documents due to destruction/loss, or if the certificate has not yet been received though required at least fifteen days before the application, the party furnishes in lieu thereof a current residence certificate or a sworn instrument before the local civil registrar or authorized public official, containing the sworn declaration of two witnesses of lawful age and the listed identifying details (Article 12).
Birth/baptismal presentation is not required if the parents appear personally before the local civil registrar and swear to the correctness of the party’s lawful age as stated in the application, or if the local civil registrar, by merely looking at the applicants personally appearing, is convinced they have the required age (Article 12).
If either party was previously married, the applicant must furnish the death certificate of the deceased spouse or a judicial decree of absolute divorce or annulment or declaration of nullity, or if cannot be secured, an affidavit stating the circumstance and actual civil status with the name and date of death (Article 13).
If neither party is emancipated and either or both are between eighteen and twenty-one, the parties must exhibit written parental consent in the order and manner stated in Article 14, manifested personally before the local civil registrar or by an affidavit with two witnesses, and the consent record must be entered in both applications (Article 14).
If both parties are between twenty-one and twenty-five (i.e., “any contracting party between”), the party must seek advice from parents/guardian; if advice is not obtained or is unfavorable, the marriage license issuance is prohibited until three months after completion of the publication of the license application (Article 15).
In cases where parental consent or advice is needed, a certificate from a priest/imam/minister authorized under Article 7 or a marriage counselor duly accredited must be attached to show marriage counseling; failure to attach suspends issuance for three months from completion of publication, and issuance within the prohibited period subjects the issuing officer to administrative sanctions but does not affect the validity of the marriage (Article 16).
The solemnizing officer must ensure the other party’s presence at the required counseling when only one party needs parental consent/advice (Article 16).
The local civil registrar must post a notice for ten consecutive days requesting others to advise of any impediment, and the marriage license issues only after the publication period is completed (Article 17).
If an impediment is known or brought to the local civil registrar’s attention, the impediment and findings must be noted in the application, but the license issues after publication completion unless a competent court orders otherwise (Article 18).
No filing fee is charged for petitions under Article 18, and no bond is required for the issuance of the order (Article 18).
The local civil registrar requires payment of lawful fees before issuing the license; no other sum in the nature of a fee or tax is collectible, but the license is issued free of charge to indigent parties, established by affidavit or oath (Article 19).
A marriage license is valid anywhere in the Philippines for one hundred twenty days from the date of issue and is automatically canceled upon expiration if not used; the expiry date must be stamped in bold characters on the face of the license (Article 20).
If either party is a citizen of a foreign country, the parties must submit a certificate of legal capacity to contract marriage issued by their respective diplomatic or consular officials; stateless persons or refugees submit an affidavit showing circumstances showing capacity (Article 21).
The marriage certificate must include the declarations and statements listed in Article 22 (1)–(7), including that a proper license was issued when required, parental consent/advice was complied with as applicable, and a copy of any marriage settlement is attached (Article 22).

Records and duties after solemnization

The person solemnizing the marriage must furnish each party the original of the marriage certificate and send the duplicate and triplicate copies to the local civil registrar not later than fifteen days after the marriage; proper receipts must be issued to the solemnizing officer transmitting copies (Article 23).
The solemnizing officer retains in file the quadruplicate copy, the copy of the marriage certificate, the original of the marriage license, and in proper cases the affidavit regarding solemnization at a place other than those in Article 8 (Article 23).
The local civil registrar must prepare the documents required by Title I and administer oaths to interested parties without any charge, and documents/affidavits filed for marriage license applications are exempt from documentary stamp tax (Article 24).
The local civil registrar must enter applications into a registry book in strict order of receipt, record the date the marriage license is issued, and log other necessary data (Article 25).

Validity of marriages abroad

Marriages solemnized outside the Philippines that are valid under the laws in the country where celebrated are valid in the Philippines except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38 (Article 26).
Where a marriage between a Filipino citizen and a foreigner is valid and an alien spouse thereafter obtains a valid divorce abroad capacitating the alien to remarry, the Filipino spouse gains capacity to remarry under Philippine law (amended by Executive Order 227) (Article 26 second paragraph).

License-exempt marriages and special solemnizing officers

A marriage at the point of death is solemnized without a marriage license and remains valid even if the ailing party later survives (Article 27).
If either party’s residence is so located that there is no means of transportation to allow personal appearance before the local civil registrar, the marriage may proceed without a marriage license (Article 28).
In the license-exempt cases under Articles 27 and 28, the solemnizing officer must state in an affidavit executed before the local civil registrar (or other authorized person) that the marriage was articulo mortis, or that the residence in a specified barrio or barangay has no transportation, and that the officer took necessary steps to ascertain ages/relationship and the absence of legal impediment (Article 29).
The affidavit original required in Article 29, together with a legible copy of the marriage contract, must be sent by the solemnizing officer to the local civil registrar within thirty days after performance (Article 30).
An articulo mortis marriage between passengers or crew members may be solemnized by a ship captain or airplane pilot not only at sea or in flight but also during stopovers (Article 31).
A commissioned military commander may solemnize articulo mortis marriages within the zone of military operation between armed forces members or civilians (Article 32).
Marriages among Muslims or among members of ethnic cultural communities may be performed without a license if solemnized according to their customs/rites/practices (Article 33).
No license is required for a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment; they must state facts in an affidavit, and the solemnizing officer must state under oath that he ascertained the parties’ qualifications and found no legal impediment (Article 34).

Void and voidable marriages

A marriage is void from the beginning if it is: (1) contracted by any party below eighteen even with parental consent; (2) solemnized by an unauthorized person unless the parties believed in good faith that authority existed; (3) solemnized without license except those covered by Chapter 2; (4) bigamous/polygamous not failing under Article 41; (5) contracted through mistake of identity; or (6) a subsequent marriage that is void under Article 53 (Article 35).
A marriage is also void if, at celebration, any party was psychologically incapacitated to comply with essential marital obligations, even if manifested only after (Article 36), and the action for declaration of nullity under Article 36 prescribes in ten years after celebration (Article 36).
Incestuous marriages are void ab initio: (1) between ascendants and descendants of any degree; (2) between brothers and sisters, whether full or half blood (Article 37).
Marriages void for public policy include those between collateral blood relatives up to the fourth civil degree, step-relationships, parent-in-law/child-in-law, adopting parent/adopted child and specified survivor/adopter/adopted-adopted combinations, and marriages where one intended to marry the other and killed the other’s spouse or the person’s own spouse (Article 38).
The action or defense for absolute nullity of a marriage does not prescribe (Article 39).
Absolute nullity of a previous marriage may be invoked for remarriage only on the basis of a final judgment declaring the previous marriage void (Article 40).
A marriage contracted during subsistence of a previous marriage is null and void unless: the prior spouse has been absent for four consecutive years and the present spouse has a well-founded belief the absentee was already dead; if there is danger of death under Article 391 of the Civil Code, absence of two years suffices (Article 41).
To contract the subsequent marriage under the exceptions, the present spouse must institute a summary proceeding for presumptive death, without prejudice to effect of reappearance (Article 41).
The subsequent marriage is automatically terminated by recording of the absentee’s reappearance affidavit, unless there is a judgment annulling the previous marriage or declaring it void ab initio (Article 42).
Reappearance facts must be recorded in the civil registry at the instance of any interested person with due notice to spouses of the subsequent marriage; judicial determination applies if disputed (Article 42).
Effects of termination include: (1) legitimacy of children conceived before termination; (2) dissolution and liquidation of the appropriate property regime, with bad-faith forfeiture rules; (3) validity of donations by reason of marriage except revocation where donee acted in bad faith; (4) innocent spouse’s right to revoke beneficiary designation in insurance policies even if irrevocable; (5) disqualification of the bad-faith spouse to inherit from the innocent spouse by testate and intestate succession (Article 43).
If both spouses of the subsequent marriage acted in bad faith, the marriage is void ab initio and donations by reason of marriage and testamentary dispositions between them are revoked by operation of law (Article 44).

Annulment, fraud, and timing rules

Annulment is available for causes existing at the time of marriage under Article 45 (1)–(6), including: lack of proper consent when the party is 18 or over but below 21; unsound mind unless after coming to reason the party freely cohabited; consent obtained by fraud unless later freely cohabited with full knowledge; consent by force/intimidation/undue influence unless later freely cohabited after it ceased; incurable physical incapacity to consummate; and serious, incurable sexually transmissible disease (Article 45).
Fraud for annulment exists only under Article 46 (1)–(4), and no other misrepresentation or deceit as to character, health, rank, fortune, or chastity constitutes fraud for annulment (Article 46).
The action for annulment must be filed by the specified persons and within the specified prescription periods: five years for each listed cause type, with the starting point described in Article 47 (1)–(5) (Article 47).

State participation and court-directed measures

In annulment or absolute nullity cases, the Court orders the prosecuting attorney/fiscal to appear for the State to prevent collusion and to ensure evidence is not fabricated or suppressed (Article 48).
No judgment may be based on a stipulation of facts or confession of judgment in those cases (Article 48).
During pendency, the Court must provide for support of spouses and custody/support of common children absent adequate written agreement; the Court must prioritize the moral and material welfare of the children and their choice of the parent as under Title IX, and provide visitation rights for the other parent (Article 49).

Property and registration effects of annulment/nullity

The effects in Article 43 (2), (3), (4), (5) and Article 44 apply to cases declared void ab initio or annulled under Articles 40 and 45 by final judgment (Article 50).
Final judgments must provide for liquidation, partition, and distribution of spouses’ properties, custody/support of common children, and delivery of third presumptive legitimes unless already adjudicated; creditors must be notified of liquidation proceedings (Article 50).
Partition rules apply to conjugal dwelling and the lot under the provisions referenced in Articles 102 and 129 (Article 50).
The presumptive legitimes of common children are delivered in cash, property, or sound securities computed as of the final judgment date unless parties already provided by mutual agreement judicially approved; children/guardian/trustee may ask enforcement (Article 51).
Delivery of presumptive legitimes does not prejudice ultimate successional rights upon death; received property value counts as advances on legitime (Article 51).
Judgments of annulment/absolute nullity, partition/distribution, and delivery of presumptive legitimes must be recorded in the appropriate civil registries and property registries; otherwise, they do not affect third persons (Article 52).

Remarriage after void/annulment

Either former spouse may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage is null and void (Article 53).
Children conceived or born before the judgment of annulment/nullity under Article 36 becomes final are legitimate; children conceived or born of the subsequent marriage under Article 53 are likewise legitimate (Article 54).

Legal separation: grounds and bars

A petition for legal separation may be filed on any of the grounds under Article 55 (1)–(10), including: repeated physical violence or grossly abusive conduct; violence/moral pressure to compel religious/political change; attempts to corrupt or induce to prostitution or connivance; final judgment sentencing respondent to imprisonment of more than six years even if pardoned; drug addiction or habitual alcoholism; lesbianism or homosexuality; subsequent bigamous marriage; sexual infidelity or perversion; attempt against life; abandonment without justifiable cause for more than one year (Article 55).
The term “child” in Article 55 includes a child by nature or by adoption (Article 55).
A petition for legal separation is denied on the grounds in Article 56 (1)–(6), including condonation/consent, connivance/collusion, mutual grounds, and when barred by prescription (Article 56).
An action for legal separation must be filed within five years from the time of occurrence of the cause (Article 57).
No legal separation may be tried before six months have elapsed since filing of the petition (Article 58).
Legal separation cannot be decreed unless the Court has taken steps toward reconciliation and is fully satisfied that reconciliation is highly improbable (Article 59).
No decree is based on stipulation of facts or confession of judgment; the prosecuting attorney/fiscal must appear to prevent collusion and suppress fabrication (Article 60).

Living separately and property administration

After filing the petition, spouses are entitled to live separately from each other (Article 61).
The Court appoints an administrator for the absolute community/conjugal partnership property if there is no written agreement; the administrator has the same powers/duties as a guardian under the Rules of Court (Article 61).
During pendency, the support and custody rules in Article 49 apply to legal separation cases (Article 62).

Effects of legal separation decree

The decree has effects under Article 63, including: (1) entitlement to live separately but marriage bonds not severed; (2) dissolution and liquidation of absolute community/conjugal partnership, with forfeiture of offending spouse’s net profits in line with Article 43 (2); (3) custody of minor children awarded to the innocent spouse subject to Article 213; and (4) disqualification of offending spouse from inheriting from innocent spouse by intestate succession, and revocation by operation of law of will provisions in favor of offending spouse (Article 63).
After finality, the innocent spouse may revoke donations in favor of offending spouse and revocation of insurance beneficiary designation even if irrevocable; revocation must be recorded in property registries where properties are located; transactions registered in good faith before recording of the revocation complaint are respected; insurance beneficiary changes take effect upon written notification to the insured (Article 64).
The action to revoke donation under Article 64 must be brought within five years from decree finality (Article 64).
If spouses reconcile, they must file a joint manifestation under oath signed by them in the same proceeding for legal separation (Article 65).
Reconciliation consequences are: (1) pending proceedings terminate at whatever stage; (2) final decree is set aside, but property separation and forfeiture already effected subsist unless spouses agree to revive former property regime (Article 66).
The revival agreement is executed under oath, specifies properties to be contributed anew, retained separated properties, and known creditors with addresses and amounts; the agreement and motion for approval are filed with the court in the same proceeding with copies furnished to named creditors; after hearing, the Court issues an order protecting creditor interests and records it (Article 67).

Rights and duties between spouses

Husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support (Article 68).
Spouses must fix the family domicile; if disagreement occurs, the court decides; one spouse may be exempt from living with the other if the latter lives abroad or for other valid and compelling reasons, but exemption does not apply if it is incompatible with family solidarity (Article 69).
Spouses are jointly responsible for family support; expenses for such support and conjugal obligations are paid from community property, then from income/fruits of separate properties, and if insufficient, from separate properties (Article 70).
Management of the household is the right and duty of both spouses, and its expenses are paid per Article 70 (Article 71).
If a spouse neglects duties to the conjugal union or commits acts tending to bring danger, dishonor, or injury, the aggrieved spouse may apply to the court for relief (Article 72).
Either spouse may exercise any legitimate profession/occupation/business/activity without the other’s consent, and the other may object only on valid, serious, moral grounds; if disagreement arises, the court decides whether the objection is proper and whether benefit accrued to the family before or after objection, with obligations enforced against the separate property of the spouse who objected unsuccessfully; rights of good-faith creditors are protected (Article 73).

Property relations: marriage settlements and governing order

Property relations between spouses are governed in order by: (1) marriage settlements executed before marriage; (2) the Code’s provisions; and (3) local custom (Article 74).
Future spouses may agree on absolute community, conjugal partnership of gains, complete separation of property, or any other regime in marriage settlements; absent a settlement or if the agreed regime is void, absolute community governs (Article 75).
Any modification of marriage settlements must be made before the celebration of the marriage, subject to referenced articles on property regimes (Article 76).
Marriage settlements and modifications must be in writing, signed by parties, executed before the marriage, and must be registered in the local civil registry where the marriage contract is recorded and in proper property registries to avoid prejudice to third persons (Article 77).
A minor who may contract marriage may execute marriage settlements, but the designated persons who must consent to the marriage must be parties to the agreement, subject to Title IX (Article 78).
For validity of marriage settlements executed by a person under civil interdiction or other disability, the guardian appointed by a competent court must be a party thereto (Article 79).
In the absence of a contrary stipulation in a marriage settlement, Philippine laws govern property relations regardless of place of celebration and residence, except where both spouses are aliens, or for extrinsic validity of contracts affecting property not situated in the Philippines, or extrinsic validity of contracts made in the Philippines affecting property situated in a foreign country requiring different formalities (Article 80).
Stipulations or contracts in consideration of a future marriage are void if the marriage does not take place, including donations between prospective spouses; stipulations that do not depend upon the celebration of the marriage remain valid (Article 81).

Donations by reason of marriage

Donations by reason of marriage are those made before marriage, in consideration of marriage, and in favor of one or both future spouses (Article 82).
Such donations follow the rules on ordinary donations in Title III of Book III of the Civil Code, insofar as not modified by the Code’s articles on donations by reason of marriage (Article 83).
If spouses agree on a regime other than absolute community, they cannot donate to each other in marriage settlements more than one-fifth (1/5) of their present property; any excess is