Presumptive Death in the Philippines: What It Means and How It Works
Family Law Guide Presumptive Death in the Philippines: What It Means and How It Works A spouse who has been absent for many years leaves the other in a difficult position. Philippine law provides a remedy through presumptive death — a legal recognition that allows the present spouse to remarry under certain conditions. Legal Consultation […]
Things to consider in Child Custody
Understanding Child Custody Laws for Illegitimate and Legitimate Children Illegitimate children are those conceived and born outside of a valid marriage. The laws surrounding parental custody and authority for these children are more straightforward – custody generally falls to the mother. This rule applies regardless of whether the child is a minor or not. However, […]
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 […]
Civil Code of the Philippines :Presumptive Death
a. Ordinary Presumptive Death (Article 390)Art. 390. After an absence of seven years, it being unknownwhether or not the absentee still lives, he shall be presumed dead forall purposes, except for those of succession.The absentee shall not be presumed dead for the purpose ofopening his succession till after an absence of ten years. If hedisappeared […]
Civil Code of the Philippines:Effect of Defective Marriages on the Status of Children
A. If the marriage is voidable (Article 54)Art. 54. Children conceived or born before the judgment ofannulment or absolute nullity of the marriage under Article 36 hasbecome final and executory shall be considered legitimate. Childrenconceived or born of the subsequent marriage under Article 53 shalllikewise be legitimate. Legitimate – if conceived before final judgment Illegitimate […]
Family Code of the Philippines:Marriage Certificate (Articles 22 and 23)
Art. 22. The marriage certificate, in which the parties shall declare thatthey take each other as husband and wife, shall also state:(1) The full name, sex and age of each contracting party;(2) Their citizenship, religion and habitual residence;(3) The date and precise time of the celebration of the marriage;(4) That the proper marriage license has […]