Understanding the AP-PMS Requirements: A Comprehensive Guide to Marriage Laws in the Philippines
Marriage laws in the Philippines offer unique flexibility in their approach, as indicated by Article 6. Unlike many global jurisdictions, Philippine matrimonial law does not mandate a particular form or religious ceremony for a marriage to be solemnized. The simplicity of a written agreement, signed between the couple in front of a judge and two […]
ESSENTIAL REQUISITES OF MARRIAGE:Consent freely given
People v. Santiago, (1927): A marriage entered into by a person whose real intent is to avoid prosecution for rape is void for total lack of consent. The accused did not intend to be married. He merely used such marriage to escape criminal liability. Eigenmann v. Guerra (1964): There was no reasonable and well-grounded fear […]
ESSENTIAL REQUISITES OF MARRIAGE: Age Legal Capacity [Art. 5]
Male or female 18 years old and above, not under any impediments mentioned in Art. 37 (incestuous marriage) & Art. 38 marriage against public policy), may contract marriage. Must be male and femaleJones v Hallahan, (1973): Application for marriage license was denied since marriage is defined by law as a contract entered into between a […]
Family Code of the Philippines:Requisites of a Valid Marriage
Art. 1, FC. 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 […]
Family Code of the Philippines:Rights and Obligations between Husband and Wife
Art. 68. The husband and wife are obliged to live together, observemutual love, respect and fidelity, and render mutual help and support. This is really a declaration of policy The 3 duties of the spouses to each other are:1. Live together2. Observe mutual love, respect, and fidelity3. Render mutual help and support Article 68 is […]
Family Code of the Philippines:Legal Separation (Bed and Board Separation)
Legal separation in the Philippines is a legal remedy that allows married couples to live separately without dissolving the marriage bond. Governed by Articles 55 to 66 of the Family Code, it is also known as bed and board separation — meaning the spouses are entitled to live apart and separate their property, but the […]
Family Code of the Philippines: Instances when there is Delivery of Presumptive Legitimes
1. Re-appearance of former spouse (Articles 102 (5), 43(2))Art. 102. Upon dissolution of the absolute community regime, thefollowing procedure shall apply:(5) The presumptive legitimes of the common children shall bedelivered upon partition, in accordance with Article 51.Art. 43. The termination of the subsequent marriage referred to inthe preceding Article shall produce the following effects:(2) The […]
Family Code of the Philippines:Rules on the Forfeiture of the Share of the Guilty Spose
1. Re-appearance of spouse (Article 43(2))Art. 43. The termination of the subsequent marriage referred to inthe preceding Article shall produce the following effects:(2) The absolute community of property or the conjugal partnership,as the case may be, shall be dissolved and liquidated, but if eitherspouse contracted said marriage in bad faith, his or her share ofthe […]
Family Code of the Philippines: Effects of a Defective Marriage
provisions in favor of the offending spouse made in the will ofthe innocent spouse shall be revoked by operation of law.Art. 64. After the finality of the decree of legal separation, theinnocent spouse may revoke the donations made by him or by her infavor of the offending spouse, as well as the designation of the […]
Family Code of the Philippines: Foreign Marriages and Foreign Divorces
Art. 26, . All marriages solemnized outside the Philippines, inaccordance with the laws in force in the country where they were solemnized,and valid there as such, shall also be valid in this country, except thoseprohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. General Rule: Foreign marriages which are in accordance with […]