III.

MARRIAGE
B. Requisites of Marriage
b. Consent Freely Given
(FC Provisions)
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio,
except as stated in rticle !" (#)
Art. 45. marriage may be annulled for any of the follo$ing causes, existing at the time of the marriage%
(3 That the consent of either party $as obtained by fraud, unless such party after$ards, $ith full
&no$ledge of the facts constituting the fraud, freely cohabited $ith the other as husband and $ife
!. For"al Requisites
a. Aut#ority of $ole"ni%ing &ffi'er
(FC Provisions)
Art. (. 'arriage may be solemni(ed by%
()) ny incumbent member of the *udiciary $ithin the court+s *urisdiction,
(#) ny priest, rabbi, imam, or minister of any church or religious sect duly authori(ed by his church or
religious sect and registered $ith the civil registrar general, acting $ithin the limits of the $ritten authority
granted by his church or religious sect and provided that at least one of the contracting parties belongs to
the solemni(ing officer+s church or religious sect,
(!) ny ship captain or airplane chief only in the case mentioned in rticle !),
Art. 3). marriage in articulo mortis bet$een passengers or cre$ members may also be
solemni(ed by a ship captain or by an airplane pilot not only $hile the ship is at sea or the plane
is in flight, but also during stopovers at ports of call.
(-) ny military commander of a unit to $hich a chaplain is assigned, in the absence of the latter, during a
military operation, li&e$ise only in the cases mentioned in rticle !#,
Art. 3!. military commander of a unit, $ho is a commissioned officer, shall li&e$ise have
authority to solemni(e marriages in articulo mortis bet$een persons $ithin the (one of military
operation, $hether members of the armed forces or civilians.
(") ny consul.general, consul or vice.consul in the case provided in rticle )/. ("0a)
Art. )*. 'arriages bet$een Filipino citi(ens abroad may be solemni(ed by a consul.general,
consul or vice.consul of the 1epublic of the Philippines. The issuance of the marriage license and
the duties of the local civil registrar and of the solemni(ing officer $ith regard to the celebration of
marriage shall be performed by said consular official.
(1PC Provision)
Art. 35!. Performance of illegal marriage ceremony. 2 Priests or ministers of any religious denomination
or sect, or civil authorities $ho shall perform or authori(e any illegal marriage ceremony shall be punished
in accordance $ith the provisions of the 'arriage 3a$.
C#. 3+ Art. )+ $e' 444 (,viii of t#e )--) .o'al Govern"ent Co/e
rt.). 4fficials and 4ffices Common to all 'unicipalities.
5ec. ---. The Chief 6xecutive% Po$ers, 7uties, Functions and Compensation.
(b) For efficient, effective and economical governance the purpose of $hich is the general
$elfare of the municipality and its inhabitants pursuant to section )0 of this Code, the
municipal mayor shall%
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()) 6xercise general supervision and control over all programs, pro*ects, services, and
activities of the municipal government, and in this connection, shall%
(,viii 5olemni(e marriages, any provision of la$ to the contrary not$ithstanding,
Art. 4 (see 8889b : Consent Freely ;iven)
Art. 35. The follo$ing marriages shall be void from the beginning%
(! Those solemni(ed by any person not legally authori(ed to perform marriages unless such marriages
$ere contracted $ith either or both parties believing in good faith that the solemni(ing officer had the legal
authority to do so)
b. Marriage .i'ense
(FC Provisions)
Art. -. marriage license shall be issued by the local civil registrar of the city or municipality $here either
contracting party habitually resides, except in marriages $here no license is required in accordance $ith
Chapter # of this Title ("<a)
Art. )*. 'arriages bet$een Filipino citi(ens abroad may be solemni(ed by a consul.general, consul or
vice.consul of the 1epublic of the Philippines. The issuance of the marriage license and the duties of the
local civil registrar and of the solemni(ing officer $ith regard to the celebration of marriage shall be
performed by said consular official. (="a)
Art. )). >here a marriage license is required, each of the contracting parties shall file separately a s$orn
application for such license $ith the proper local civil registrar $hich shall specify the follo$ing%
()) Full name of the contracting party,
(#) Place of birth,
(!) ge and date of birth,
(-) Civil status,
(") 8f previously married, ho$, $hen and $here the previous marriage $as dissolved or annulled,
(0) Present residence and citi(enship,
(=) 7egree of relationship of the contracting parties,
(<) Full name, residence and citi(enship of the father,
(?) Full name, residence and citi(enship of the mother, and
()/) Full name, residence and citi(enship of the guardian or person having charge, in case the contracting
party has neither father nor mother and is under the age of t$enty.one years.
The applicants, their parents or guardians shall not be required to exhibit their residence certificates in
any formality in connection $ith the securing of the marriage license. ("?a)
Art. )!. The local civil registrar, upon receiving such application, shall require the presentation of the
original birth certificates or, in default thereof, the baptismal certificates of the contracting parties or copies
of such documents duly attested by the persons having custody of the originals. These certificates or
certified copies of the documents by this rticle need not be s$orn to and shall be exempt from the
documentary stamp tax. The signature and official title of the person issuing the certificate shall be
sufficient proof of its authenticity.
8f either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy
of either because of the destruction or loss of the original or if it is sho$n by an affidavit of such party or of
any other person that such birth or baptismal certificate has not yet been received though the same has
been required of the person having custody thereof at least fifteen days prior to the date of the
application, such party may furnish in lieu thereof his current residence certificate or an instrument dra$n
up and s$orn to before the local civil registrar concerned or any public official authori(ed to administer
oaths. 5uch instrument shall contain the s$orn declaration of t$o $itnesses of la$ful age, setting forth the
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full name, residence and citi(enship of such contracting party and of his or her parents, if &no$n, and the
place and date of birth of such party. The nearest of &in of the contracting parties shall be preferred as
$itnesses, or, in their default, persons of good reputation in the province or the locality.
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting
parties appear personally before the local civil registrar concerned and s$ear to the correctness of the
la$ful age of said parties, as stated in the application, or $hen the local civil registrar shall, by merely
loo&ing at the applicants upon their personally appearing before him, be convinced that either or both of
them have the required age. (0/a)
Art. )3. 8n case either of the contracting parties has been previously married, the applicant shall be
required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the
death certificate of the deceased spouse or the *udicial decree of the absolute divorce, or the *udicial
decree of annulment or declaration of nullity of his or her previous marriage.
8n case the death certificate cannot be secured, the party shall ma&e an affidavit setting forth this
circumstance and his or her actual civil status and the name and date of death of the deceased spouse.
(0)a)
Art. )4. 8n case either or both of the contracting parties, not having been emancipated by a previous
marriage, are bet$een the ages of eighteen and t$enty.one, they shall, in addition to the requirements of
the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father,
mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned.
5uch consent shall be manifested in $riting by the interested party, $ho personally appears before the
proper local civil registrar, or in the form of an affidavit made in the presence of t$o $itnesses and
attested before any official authori(ed by la$ to administer oaths. The personal manifestation shall be
recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be
attached to said applications. (0)a)
Art. )5. ny contracting party bet$een the age of t$enty.one and t$enty.five shall be obliged to as& their
parents or guardian for advice upon the intended marriage. 8f they do not obtain such advice, or if it be
unfavorable, the marriage license shall not be issued till after three months follo$ing the completion of the
publication of the application therefor. s$orn statement by the contracting parties to the effect that such
advice has been sought, together $ith the $ritten advice given, if any, shall be attached to the application
for marriage license. 5hould the parents or guardian refuse to give any advice, this fact shall be stated in
the s$orn statement. (0#a)
Art. )0. 8n the cases $here parental consent or parental advice is needed, the party or parties concerned
shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam
or minister authori(ed to solemni(e marriage under rticle = of this Code or a marriage counsellor duly
accredited by the proper government agency to the effect that the contracting parties have undergone
marriage counselling. Failure to attach said certificates of marriage counselling shall suspend the
issuance of the marriage license for a period of three months from the completion of the publication of the
application. 8ssuance of the marriage license $ithin the prohibited period shall sub*ect the issuing officer
to administrative sanctions but shall not affect the validity of the marriage.
5hould only one of the contracting parties need parental consent or parental advice, the other party must
be present at the counselling referred to in the preceding paragraph. (n)
Art. )(. The local civil registrar shall prepare a notice $hich shall contain the full names and residences of
the applicants for a marriage license and other data given in the applications. The notice shall be posted
for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a
conspicous place $ithin the building and accessible to the general public. This notice shall request all
persons having &no$ledge of any impediment to the marriage to advise the local civil registrar thereof.
The marriage license shall be issued after the completion of the period of publication. (0!a)
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Art. )1. 8n case of any impediment &no$n to the local civil registrar or brought to his attention, he shall
note do$n the particulars thereof and his findings thereon in the application for marriage license, but shall
nonetheless issue said license after the completion of the period of publication, unless ordered other$ise
by a competent court at his o$n instance or that of any interest party. @o filing fee shall be charged for
the petition nor a corresponding bond required for the issuances of the order. (0-a)
Art. )-. The local civil registrar shall require the payment of the fees prescribed by la$ or regulations
before the issuance of the marriage license. @o other sum shall be collected in the nature of a fee or tax
of any &ind for the issuance of said license. 8t shall, ho$ever, be issued free of charge to indigent parties,
that is those $ho have no visible means of income or $hose income is insufficient for their subsistence a
fact established by their affidavit, or by their oath before the local civil registrar. (0"a)
Art. !*. The license shall be valid in any part of the Philippines for a period of one hundred t$enty days
from the date of issue, and shall be deemed automatically cancelled at the expiration of the said period if
the contracting parties have not made use of it. The expiry date shall be stamped in bold characters on
the face of every license issued. (0"a)
Art. !). >hen either or both of the contracting parties are citi(ens of a foreign country, it shall be
necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to
contract marriage, issued by their respective diplomatic or consular officials.
5tateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein
required, submit an affidavit stating the circumstances sho$ing such capacity to contract marriage. (00a)
Art. !!. The marriage certificate, in $hich the parties shall declare that they ta&e each other as husband
and $ife, shall also state%
()) The full name, sex and age of each contracting party,
(#) Their citi(enship, religion and habitual residence,
(!) The date and precise time of the celebration of the marriage,
(-) That the proper marriage license has been issued according to la$, except in marriage provided for in
Chapter # of this Title,
(") That either or both of the contracting parties have secured the parental consent in appropriate cases,
(0) That either or both of the contracting parties have complied $ith the legal requirement regarding
parental advice in appropriate cases, and
(=) That the parties have entered into marriage settlement, if any, attaching a copy thereof. (0=a)
Art. !3. 8t shall be the duty of the person solemni(ing the marriage to furnish either of the contracting
parties the original of the marriage certificate referred to in rticle 0 and to send the duplicate and
triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of
the place $here the marriage $as solemni(ed. Proper receipts shall be issued by the local civil registrar
to the solemni(ing officer transmitting copies of the marriage certificate. The solemni(ing officer shall
retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the
original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the
solemni(ation of the marriage in place other than those mentioned in rticle <. (0<a)
Art. !4. 8t shall be the duty of the local civil registrar to prepare the documents required by this Title, and
to administer oaths to all interested parties $ithout any charge in both cases. The documents and
affidavits filed in connection $ith applications for marriage licenses shall be exempt from documentary
stamp tax. (n)
Art. !5. The local civil registrar concerned shall enter all applications for marriage licenses filed $ith him
in a registry boo& strictly in the order in $hich the same are received. Ae shall record in said boo& the
names of the applicants, the date on $hich the marriage license $as issued, and such other data as may
be necessary. (n)
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Art. !0. ll marriages solemni(ed outside the Philippines, in accordance $ith the la$s in force in the
country $here they $ere solemni(ed, and valid there as such, shall also be valid in this country, except
those prohibited under rticles !" ()), (-), (") and (0), !0!= and !<. ()=a)
>here a marriage bet$een a Filipino citi(en and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine la$. (s amended by 6xecutive 4rder ##=)
Chapter 2. Marriages Exempted from License Requirement
Art. !(. 8n case either or both of the contracting parties are at the point of death, the marriage may be
solemni(ed $ithout necessity of a marriage license and shall remain valid even if the ailing party
subsequently survives. (=#a)
Art. !1. 8f the residence of either party is so located that there is no means of transportation to enable
such party to appear personally before the local civil registrar, the marriage may be solemni(ed $ithout
necessity of a marriage license. (=#a)
Art. !-. 8n the cases provided for in the t$o preceding articles, the solemni(ing officer shall state in an
affidavit executed before the local civil registrar or any other person legally authori(ed to administer oaths
that the marriage $as performed in articulo mortis or that the residence of either party, specifying the
barrio or barangay, is so located that there is no means of transportation to enable such party to appear
personally before the local civil registrar and that the officer too& the necessary steps to ascertain the
ages and relationship of the contracting parties and the absence of legal impediment to the marriage.
(=#a)
Art. 3*. The original of the affidavit required in the last preceding article, together $ith the legible copy of
the marriage contract, shall be sent by the person solemni(ing the marriage to the local civil registrar of
the municipality $here it $as performed $ithin the period of thirty days after the performance of the
marriage. (="a)
Art. 3). marriage in articulo mortis bet$een passengers or cre$ members may also be solemni(ed by a
ship captain or by an airplane pilot not only $hile the ship is at sea or the plane is in flight, but also during
stopovers at ports of call. (=-a)
Art. 3!. military commander of a unit, $ho is a commissioned officer, shall li&e$ise have authority to
solemni(e marriages in articulo mortis bet$een persons $ithin the (one of military operation, $hether
members of the armed forces or civilians. (=-a)
Art. 33. 'arriages among 'uslims or among members of the ethnic cultural communities may be
performed validly $ithout the necessity of marriage license, provided they are solemni(ed in accordance
$ith their customs, rites or practices. (=<a)
Art. 34. @o license shall be necessary for the marriage of a man and a $oman $ho have lived together
as husband and $ife for at least five years and $ithout any legal impediment to marry each other. The
contracting parties shall state the foregoing facts in an affidavit before any person authori(ed by la$ to
administer oaths. The solemni(ing officer shall also state under oath that he ascertained the qualifications
of the contracting parties are found no legal impediment to the marriage. (=0a)
2resi/ential 3egree -05 ()-(0
Buly #/, )?=0
A DECREE REQUIRI! A""LICA# $%R MARRIA!E LICE&E #% RECEI'E I&#RUC#I%& %
$AMIL( "LAI! AD RE&"%&I)LE "ARE#*%%D
>A6165, the ;overnment has adopted a national population program to achieve and maintain levels
of population most conducive to the national $elfare,
>A6165, an essential element of the population program is to inform and instruct the people on family
planning and responsible parenthood, and
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>A6165, an effective mode of implementing the program $ould be to require all applicants for
marriage license to receive instructions and information on family planning and responsible parenthood
before they are issued the marriage license, and to create the administrative machinery for giving such
instructions and information,
@4>, TA616F416, 8, F6178@@7 6. '1C45, President of the Philippines, by virtue of the po$ers
vested in me by the Constitution, do hereby order and decree%
$e'tion ). %ffice of $ami+, "+anning. There is hereby created in every city and municipality an 4ffice of
Family Planning to be headed by the city or municipal health officer. Ae shall be assisted by the city or
rural health nurse, members of the city or rural health unit, and such other personnel from the different
agencies of the government involved in the family planning program, $ho shall perform family planning
duties in addition to their regular duties. Private entities or individuals duly accredited by the Commission
on Population engaged in family planning activities may also be impressed into the service.
$e'tion !. Duties of $ami+, "+anning %ffice. The 4ffice of Family planning shall give instructions and
information on family and responsible parenthood to applicants for marriage license and other interested
persons in the form of personal instruction andCor handboo&, pamphlets or brochures. Furthermore, such
instructions and information shall be consistent $ith the policies of the Commission on Population.
$e'tion 3. Certificate of Comp+iance. pplicants for marriage license shall, upon filing an application
therefore, be obliged to receive instructions and information on family planning and responsible
parenthood from the Family Planning 4ffice. 5uch instructions and information may be in the form of
personal instruction or in the form of brochures, pamphlets, or handboo&s. 8n places $here there are no
health officers, any person duly accredited by the Commission on Population may give the instructions
herein provided.
@o marriage license shall be issued by the 3ocal Civil 1egistrar unless the applicants present a
certificate, issued at no cost to the applicants, by an 4ffice of Family Planning that they had received
instructions and information on family planning and responsible parenthood.
8f, for any reason, the information or instructions shall not have been given $ithin the period required by
la$ for the issuance of a marriage license, a certification to that effect shall be given to the Civil 1egistrar
by the 4ffice of Family Planning and the former shall $ithhold the issuance of the marriage license for a
period of t$o $ee&s to enable the Family Planning 4ffice to give instructions and information and the
applicants to receive the same. t the end of such period, $hen no instructions shall have been given, the
Civil 1egistrar may issue the marriage license.
$e'tion 4. Assistance of ationa+ %ffice. gencies of the @ational ;overnment charged $ith the
implementation of the Family Planning program shall render assistance to family planning offices herein
created.
$e'tion 5. "ena+ties. ny member of the 4ffice of Family planning $ho fails or refuses $ithout *ust cause
to give the instructions and the certificate herein provided% any local Civil 1egistrar $ho issues the
marriage license $ithout the requisite certification from the 4ffice of Family Planning, or any person $ho
obtains the certificate fraudulently, shall be sub*ect to appropriate administrative or criminal charges.
$e'tion 0. Ru+es and Regu+ation. The Commission on Population shall issue rules and regulations to
implement the provisions of this 7ecree.
$e'tion (. Repea+ of "rior La-. ll la$s and ordinances inconsistent $ith the provisions of this 7ecree
are hereby repealed or modified accordingly.
$e'tion 1. Effecti.it,. This 7ecree shall ta&e effect immediately.
7one in the City of 'anila, this #/th day of Buly, in the year of 4ur 3ord, nineteen hundred and seventy.
six.
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'. Cere"ony
(FC Provisions)
Art. 3. The formal requisites of marriage are%
()) uthority of the solemni(ing officer,
(#) valid marriage license except in the cases provided for in Chapter # of this Title, and
(!) marriage ceremony $hich ta&es place $ith the appearance of the contracting parties before the
solemni(ing officer and their personal declaration that they ta&e each other as husband and $ife in the
presence of not less than t$o $itnesses of legal age. ("!a, ""a)
Art. 0. @o prescribed form or religious rite for the solemni(ation of the marriage is required. 8t shall be
necessary, ho$ever, for the contracting parties to appear personally before the solemni(ing officer and
declare in the presence of not less than t$o $itnesses of legal age that they ta&e each other as husband
and $ife. This declaration shall be contained in the marriage certificate $hich shall be signed by the
contracting parties and their $itnesses and attested by the solemni(ing officer.
Arti'le. 1. The marriage shall be solemni(ed publicly in the chambers of the *udge or in open court, in the
church, chapel or temple, or in the office the consul.general, consul or vice.consul, as the case may be,
and not else$here, except in cases of marriages contracted on the point of death or in remote places in
accordance $ith rticle #? of this Code, or $here both of the parties request the solemni(ing officer in
$riting in $hich case the marriage may be solemni(ed at a house or place designated by them in a s$orn
statement to that effect. ("=a)
Art. !!. The marriage certificate, in $hich the parties shall declare that they ta&e each other as husband
and $ife, shall also state%
()) The full name, sex and age of each contracting party,
(#) Their citi(enship, religion and habitual residence,
(!) The date and precise time of the celebration of the marriage,
(-) That the proper marriage license has been issued according to la$, except in marriage provided for in
Chapter # of this Title,
(") That either or both of the contracting parties have secured the parental consent in appropriate cases,
(0) That either or both of the contracting parties have complied $ith the legal requirement regarding
parental advice in appropriate cases, and
(=) That the parties have entered into marriage settlement, if any, attaching a copy thereof. (0=a)
Art. !3. 8t shall be the duty of the person solemni(ing the marriage to furnish either of the contracting
parties the original of the marriage certificate referred to in rticle 0 and to send the duplicate and
triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of
the place $here the marriage $as solemni(ed. Proper receipts shall be issued by the local civil registrar
to the solemni(ing officer transmitting copies of the marriage certificate. The solemni(ing officer shall
retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the
original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the
solemni(ation of the marriage in place other than those mentioned in rticle <. (0<a)
Art. !4. 8t shall be the duty of the local civil registrar to prepare the documents required by this Title, and
to administer oaths to all interested parties $ithout any charge in both cases. The documents and
affidavits filed in connection $ith applications for marriage licenses shall be exempt from documentary
stamp tax. (n)
Art. !1. 8f the residence of either party is so located that there is no means of transportation to enable
such party to appear personally before the local civil registrar, the marriage may be solemni(ed $ithout
necessity of a marriage license. (=#a)
Art. !-. 8n the cases provided for in the t$o preceding articles, the solemni(ing officer shall state in an
affidavit executed before the local civil registrar or any other person legally authori(ed to administer oaths
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that the marriage $as performed in articulo mortis or that the residence of either party, specifying the
barrio or barangay, is so located that there is no means of transportation to enable such party to appear
personally before the local civil registrar and that the officer too& the necessary steps to ascertain the
ages and relationship of the contracting parties and the absence of legal impediment to the marriage.
(=#a)
3. 2resu"4tion of Marriage
(@CC Prov.)
Arti'le !!*. 8n case of doubt, all presumptions favor the solidarity of the family. Thus, every intendment of
la$ or facts leans to$ard the validity of marriage, the indissolubility of the marriage bonds, the legitimacy
of children, the community of property during marriage, the authority of parents over their children, and
the validity of defense for any member of the family in case of unla$ful aggression.
$e'tion 3 (aa+ Rule )3) of t#e Revise/ Rules of Court
(forgottoresearchthisone..dammit..saba$moment.)
I5. 5oi/ an/ 5oi/able Marriages
A. 5oi/ Marriages
). Groun/s
a. General 2rovisions
(FC Prov.)
Art. 4 (see 8889)b : Consent Feely ;iven)
Art. 35. The follo$ing marriages shall be void from the beginning%
()) Those contracted by any party belo$ eighteen years of age even $ith the consent of parents or
guardians,
(#) Those solemni(ed by any person not legally authori(ed to perform marriages unless such marriages
$ere contracted $ith either or both parties believing in good faith that the solemni(ing officer had the legal
authority to do so,
(!) Those solemni(ed $ithout license, except those covered the preceding Chapter,
(-) Those bigamous or polygamous marriages not failing under rticle -),
(") Those contracted through mista&e of one contracting party as to the identity of the other, and
(0) Those subsequent marriages that are void under rticle "!.
Art. 53. 6ither of the former spouses may marry again after compliance $ith the requirements of the
immediately preceding rticle, other$ise, the subsequent marriage shall be null and void.
b. 2sy'#ologi'al In'a4a'ity
(FC)
Art. 30. marriage contracted by any party $ho, at the time of the celebration, $as psychologically
incapacitated to comply $ith the essential marital obligations of marriage, shall li&e$ise be void even if
such incapacity becomes manifest only after its solemni(ation. (s amended by 6xecutive 4rder ##=)
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'. In'estuous Marriages
(FC)
Art. 3(. 'arriages bet$een the follo$ing are incestuous and void from the beginning, $hether
relationship bet$een the parties be legitimate or illegitimate%
()) 9et$een ascendants and descendants of any degree, and
(#) 9et$een brothers and sisters, $hether of the full or half blood. (<)a)
/. Marriages against 2ubli' 2oli'y
(FC)
Art. 31. The follo$ing marriages shall be void from the beginning for reasons of public policy%
()) 9et$een collateral blood relatives $hether legitimate or illegitimate, up to the fourth civil degree,
(#) 9et$een step.parents and step.children,
(!) 9et$een parents.in.la$ and children.in.la$,
(-) 9et$een the adopting parent and the adopted child,
(") 9et$een the surviving spouse of the adopting parent and the adopted child,
(0) 9et$een the surviving spouse of the adopted child and the adopter,
(=) 9et$een an adopted child and a legitimate child of the adopter,
(<) 9et$een adopted children of the same adopter, and
(?) 9et$een parties $here one, $ith the intention to marry the other, &illed that other person+s spouse, or
his or her o$n spouse. (<#)
e. Marriages 'ontra'te/ /uring subsisten'e of 4revious "arriage
(FC)
Art. 4). marriage contracted by any person during subsistence of a previous marriage shall be null and
void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a $ell.founded belief that the absent spouse $as already
dead. 8n case of disappearance $here there is danger of death under the circumstances set forth in the
provisions of rticle !?) of the Civil Code, an absence of only t$o years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse
present must institute a summary proceeding as provided in this Code for the declaration of presumptive
death of the absentee, $ithout pre*udice to the effect of reappearance of the absent spouse. (<!a)
Art. 44. 8f both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab
initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the
other are revo&ed by operation of la$. (n)
6DC6PT84@%
Art. !( 23 )*13 (Co/e of Musli" 2ersonal .a6s
f. Marriages 'ontra'te/ 6it#out 4ro'uring 7u/i'ial /e'laration of nullity of 4revious "arriage
(FC)
Art. 4*. The absolute nullity of a previous marriage may be invo&ed for purposes of remarriage on the
basis solely of a final *udgment declaring such previous marriage void. (n).
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!. A'tions to be broug#t
a. 2rovisions
(FC)
Art. 3-. The action or defense for the declaration of absolute nullity shall not prescribe. Ao$ever, in case
of marriage celebrated before the effectivity of this Code and falling under rticle !0, such action or
defense shall prescribe in ten years after this Code shall ta&en effect. (s amended by 6xecutive 4rder
##=) (n)
s amended by RA 1533
February #!, )??<
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4TA61>856 G@4>@ 5 TA6 F'83H C476 4F TA6 PA838PP8@65, @E338FH8@; TA6
P165C18PT8F6 P61847 F41 CT84@ 41 76F6@565 ;14E@767 4@ P5HCA434;8C3
8@CPC8TH
9e it enacted by the 5enate and Aouse of 1epresentatives of the Philippines in Congress assembled%%
5ection ). Title 8, Chapter !, rticle !? of 6xecutive 4rder @o. #/?, other$ise &no$n as the Family Code
of the Philippines, is hereby amended to read as follo$s%
IT8T36 8 : '118;6
ICAPT61 ! : F487 @7 F487936 '118;65
IArt. 3-. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.I
5ection #. 6ffectivity clause. : This ct shall ta&e effect after fifteen ()") days follo$ing its publication in
the 4fficial ;a(ette or in t$o (#) ne$spapers of general circulation.
pproved% February #!, )??<
(FC)
Art. 4* (5ee 8F)f . 'arriages contracted $ithout procuring *udicial declaration of nullity of previous
marriage)
Art. 41. 8n all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the
prosecuting attorney or fiscal assigned to it to appear on behalf of the 5tate to ta&e steps to prevent
collusion bet$een the parties and to ta&e care that evidence is not fabricated or suppressed.
8n the cases referred to in the preceding paragraph, no *udgment shall be based upon a stipulation of
facts or confession of *udgment. (<<a)
Art. 4-. 7uring the pendency of the action and in the absence of adequate provisions in a $ritten
agreement bet$een the spouses, the Court shall provide for the support of the spouses and the custody
and support of their common children. The Court shall give paramount consideration to the moral and
material $elfare of said children and their choice of the parent $ith $hom they $ish to remain as provided
to in Title 8D. 8t shall also provide for appropriate visitation rights of the other parent. (n)
b. Marriages 6#ere one s4ouse is absent
(FC)
Art. 4). (5ee 8F)e . 'arriages contracted during subsistence of previous marriage)
Art. 4!. The subsequent marriage referred to in the preceding rticle shall be automatically terminated by
the recording of the affidavit of reappearance of the absent spouse, unless there is a *udgment annulling
the previous marriage or declaring it void ab initio.
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3. Effe'ts of 8ullity
a. Generally
(FC)
Art. 5*. The effects provided for by paragraphs (#), (!), (-) and (") of rticle -! and by rticle -- shall
also apply in the proper cases to marriages $hich are declared ab initio or annulled by final *udgment
under rticles -/ and -".
The final *udgment in such cases shall provide for the liquidation, partition and distribution of the
properties of the spouses, the custody and support of the common children, and the delivery of third
presumptive legitimes, unless such matters had been ad*udicated in previous *udicial proceedings.
ll creditors of the spouses as $ell as of the absolute community or the con*ugal partnership shall be
notified of the proceedings for liquidation.
8n the partition, the con*ugal d$elling and the lot on $hich it is situated, shall be ad*udicated in accordance
$ith the provisions of rticles )/# and )#?.
Art. 5). 8n said partition, the value of the presumptive legitimes of all common children, computed as of
the date of the final *udgment of the trial court, shall be delivered in cash, property or sound securities,
unless the parties, by mutual agreement *udicially approved, had already provided for such matters.
The children or their guardian or the trustee of their property may as& for the enforcement of the
*udgment.
The delivery of the presumptive legitimes herein prescribed shall in no $ay pre*udice the ultimate
successional rights of the children accruing upon the death of either of both of the parents, but the value
of the properties already received under the decree of annulment or absolute nullity shall be considered
as advances on their legitime. (n)
Art. 5!. The *udgment of annulment or of absolute nullity of the marriage, the partition and distribution of
the properties of the spouses and the delivery of the children+s presumptive legitimes shall be recorded in
the appropriate civil registry and registries of property, other$ise, the same shall not affect third persons.
(n)
Art. 53. 6ither of the former spouses may marry again after compliance $ith the requirements of the
immediately preceding rticle, other$ise, the subsequent marriage shall be null and void.
Art. 54. Children conceived or born before the *udgment of annulment or absolute nullity of the marriage
under rticle !0 has become final and executory shall be considered legitimate. Children conceived or
born of the subsequent marriage under rticle "! shall li&e$ise be legitimate.
(1PC)
Art. 34-. 9igamy. 2 The penalty of prision mayor shall be imposed upon any person $ho shall contract a
second or subsequent marriage before the former marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead by means of a *udgment rendered in the proper
proceedings.
b. Marriages 6#ere one s4ouse is absent
(FC)
Art. 4! (see 8F#b . 'arriages $here one spouse is absent)
Art. 43. The termination of the subsequent marriage referred to in the preceding rticle shall produce the
follo$ing effects%
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()) The children of the subsequent marriage conceived prior to its termination shall be considered
legitimate,
(#) The absolute community of property or the con*ugal partnership, as the case may be, shall be
dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the
net profits of the community property or con*ugal partnership property shall be forfeited in favor of the
common children or, if there are none, the children of the guilty spouse by a previous marriage or in
default of children, the innocent spouse,
(!) 7onations by reason of marriage shall remain valid, except that if the donee contracted the marriage
in bad faith, such donations made to said donee are revo&ed by operation of la$,
(-) The innocent spouse may revo&e the designation of the other spouse $ho acted in bad faith as
beneficiary in any insurance policy, even if such designation be stipulated as irrevocable, and
(") The spouse $ho contracted the subsequent marriage in bad faith shall be disqualified to inherit from
the innocent spouse by testate and intestate succession. (n)
Art. 44 (see 8F)e . 'arriages contracted during subsistence of previous marriage)
B. 5oi/able Marriages
). General 2rovisions
a. Groun/s
(FC)
Art. 45. marriage may be annulled for any of the follo$ing causes, existing at the time of the marriage%
()) That the party in $hose behalf it is sought to have the marriage annulled $as eighteen years of age or
over but belo$ t$enty.one, and the marriage $as solemni(ed $ithout the consent of the parents,
guardian or person having substitute parental authority over the party, in that order, unless after attaining
the age of t$enty.one, such party freely cohabited $ith the other and both lived together as husband and
$ife,
(#) That either party $as of unsound mind, unless such party after coming to reason, freely cohabited $ith
the other as husband and $ife,
(!) That the consent of either party $as obtained by fraud, unless such party after$ards, $ith full
&no$ledge of the facts constituting the fraud, freely cohabited $ith the other as husband and $ife,
(-) That the consent of either party $as obtained by force, intimidation or undue influence, unless the
same having disappeared or ceased, such party thereafter freely cohabited $ith the other as husband
and $ife,
(") That either party $as physically incapable of consummating the marriage $ith the other, and such
incapacity continues and appears to be incurable, or
(0) That either party $as afflicted $ith a sexually.transmissible disease found to be serious and appears
to be incurable. (<"a)
Art. 40. ny of the follo$ing circumstances shall constitute fraud referred to in @umber ! of the preceding
rticle%
()) @on.disclosure of a previous conviction by final *udgment of the other party of a crime involving moral
turpitude,
(#) Concealment by the $ife of the fact that at the time of the marriage, she $as pregnant by a man other
than her husband,
(!) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the
marriage, or
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(-) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time
of the marriage.
@o other misrepresentation or deceit as to character, health, ran&, fortune or chastity shall constitute such
fraud as $ill give grounds for action for the annulment of marriage. (<0a)
b. A'tion for Annul"ent
(FC)
Art. 4(. The action for annulment of marriage must be filed by the follo$ing persons and $ithin the
periods indicated herein%
()) For causes mentioned in number ) of rticle -" by the party $hose parent or guardian did not give his
or her consent, $ithin five years after attaining the age of t$enty.one, or by the parent or guardian or
person having legal charge of the minor, at any time before such party has reached the age of t$enty.
one,
(#) For causes mentioned in number # of rticle -", by the same spouse, $ho had no &no$ledge of the
other+s insanity, or by any relative or guardian or person having legal charge of the insane, at any time
before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity,
(!) For causes mentioned in number ! of rticles -", by the in*ured party, $ithin five years after the
discovery of the fraud,
(-) For causes mentioned in number - of rticle -", by the in*ured party, $ithin five years from the time
the force, intimidation or undue influence disappeared or ceased,
(") For causes mentioned in number " and 0 of rticle -", by the in*ured party, $ithin five years after the
marriage. (<=a)
Art. 41 (see 8F#a . Provisions)
'. Effe'ts
(FC)
Art. 4- (see 8F#a . Provisions)
Art. 5*954 (see 8F!a . ;enerally)
(@CC)
Arti'le 30-. Children conceived before the decree annulling a voidable marriage shall principally use the
surname of the father.
Arti'le 3(). 8n case of annulment of marriage, and the $ife is the guilty party, she shall resume her
maiden name and surname. 8f she is the innocent spouse, she may resume her maiden name and
surname. Ao$ever, she may choose to continue employing her former husband+s surname, unless%
()) The court decrees other$ise, or
(#) 5he or the former husband is married again to another person.
/. :uris/i'tion
case% Tamano vs 4rti(
C. 2ertinent Rules
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13
). A.M. 8o *!9))9)*9$C (Rule on 3e'laration of Absolute 8ullity of 5oi/ Marriages an/
Annul"ent of 5oi/able Marriages
$e'tion ). &cope . This 1ule shall govern petitions for declaration of absolute nullity of void marriages
and annulment of voidable marriages under the Family Code of te Philippines.
The 1ules of Court shall apply suppletorily.
$e'tion !. "etition for dec+aration of a/so+ute nu++it, of .oid marriages.
0a1 2ho ma, fi+e. . petition for declaration of absolute nullity of void marriage may be filed solely
by the husband or the $ife. (n)
0/1 2here to fi+e. . The petition shal be filed in the Family Court.
0c1 Imprecripti/i+it, ofaction or defense. . n ction or defense for the declaration of absolute
nullity of void marriage shall not prescribe.
0d1 2hat to a++ege. . petition under rticle !0 of Family Code shall specially allege te complete
facts sho$ing the either or both parties $ere psychologically incapacitated from complying $ith
the essential marital obligations of marriages at the time of the celebration of marriage even if
such incapacity becomes manifest only after its celebration.
The complete facts should allege the physical manifestations, if any, as are indicative of
psychological incapacity at the time of the celebration of the marriage but expert opinion need not be
alleged.
$e'tion 3. "etition for annu+ment of .oida/+e marriages. .
0a1 2ho ma, fi+e. . The follo$ing persons may file a petition for annulment of voidable marriage
based on any of the grounds under article -" of the Family Code and $ithin the period herein
indicated%
()) The contracting party $hose parent, or guardian, or person exercising substitute
parental authority did not give his or her consent, $ithin five years after attaining the age
of t$enty.one unless, after attaining the age of t$enty.one, such party freely cohabitated
$ith the other as husband or $ife, or the parent, guardian or person having legal charge
of the contracting party , at any time before such party has reached the age of t$enty.
one,
(#) The sane spouse $ho had no &no$ledge of the other+s insanity, or by any relative,
guardian, or person having legal charge of the insane, at any time before the death of
either party, or by the insane spouse during the a lucid interval or after regaining sanity,
provided that the petitioner , after coming to reason, has not freely cohabited $ith the
other as husband or $ife,
(!) The in*ured party $hose consent $as obtained by fraud, $ithin five years after the
discovery of the fraud, provided that said party, $ith full &no$ledge of the facts
constituting the fraud, has not freely cohabited $ith the other as husband or $ife,
(-) The in*ured party $hose consent $as obtained by force, intimidation, or undue
influence, $ithin five years from the time the force intimidation, or undue influence
disappeared or ceased, provided that the force, intimidation, or undue influence having
disappeared or ceased, said party has not thereafter freely cohabited $ith the other as
husband or $ife,
(") The in*ured party $here the other spouse is physically incapable of consummating the
marriage $ith the other and such incapability continues and appears to be incurable,
$ithin five years after the celebration of marriage, and
(0) Te in*ured party $here the other party $as afflicted $ith a sexually.transmissible
disease found to be serious and appears to be incurable, $ithin five years after the
celebration of marriage.
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0/1 2here to fi+e. . The petition shall be filed in the Family Court.
$e'tion 4. 'enue. . The Petition shall be filed in the Family Court of the province or city $here the
petitioner or the respondent has been residing for at least six months prior to the date of filing. 4r in the
case of non.resident respondent, $here he may be found in the Philippines, at the election of the
petitioner.
$e'tion 5. Contents and form of petition. . ()) The petition shall allege the complete facts constituting the
cause of action.
(#) 8t shall state the names and ages of the common children of the parties and specify the regime
governing their property relations, as $ell as the properties involved.
8f there is no adequate provision in a $ritten agreement bet$een the parties, the petitioner
may apply for a provisional order for spousal support, the custody and support of common
children, visitation rights, administration of community or con*ugal property, and other matters
similarly requiringurgent action.
(!) 8t must be verified and accompanied celebration of marriage. (b) >here to file..The petition
shall be filed in the Family Court.
$e'tion 4. 'enue. . The petition shall be filed in the Family Court of the province or city $here the
petitioner or the respondent has been residing for at least six months prior to the date of filing, or in the
case of a non.resident respondent, $here he may be found in the Philippines at the election of the
petitioner.
$e'tion 5. Contents and form of petition. . ()) The petition shall allege the complete facts constituting the
cause of action.
(#) it shall state the names and ages of the common children of the parties and specify the regime
governing their property relations, as $ell as the properties involved.
8f there is no adequate provision in a $ritten agreement bet$een the parties, the petitioner
may apply for a provisional order for spousal support, custody and support of common children,
visitation rights, administration of community or con*ugal property, and other matters similarly
requiring urgent action.
(!) it must be verified and accompanied by a certification against forum shopping. The verification
and certification must be signed personally by me petitioner. @o petition may be filed solely by
counsel or through an attorney.in.fact.
8f the petitioner is in a foreign country, the verification and certification against forum
shopping shall be authenticated by the duly authori(ed officer of the Philippine embassy or
legation, consul general, consul or vice.consul or consular agent in said country.
(-) it shall be filed in six copies. The petitioner shall serve a copy of the petition on the 4ffice of
the 5olicitor ;eneral and the 4ffice of the City or Provincial Prosecutor, $ithin five days from the
date of its filing and submit to the court proof of such service $ithin the same period.
Failure to comply $ith any of the preceding requirements may be a ground for immediate
dismissal of the petition.
$e'tion 0. &ummons. . The service of summons shall be governed by 1ule )- of the 1ules of Court and
by the follo$ing rules%
()) >here the respondent cannot be located at his given address or his $hereabouts are
un&no$n and cannot be ascertained by diligent inquiry, service of summons may, by leave of
court, be effected upon him by publication once a $ee& for t$o consecutive $ee&s in a
ne$spaper of general circulation in the Philippines and in such places as the court may order 8n
addition, a copy of the summons shall be served on the respondent at his last &no$n address by
registered mail or any other means the court may deem sufficient.
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(#) The summons to be published shall be contained in an order of the court $ith the follo$ing
data% (a) title of the case, (b) doc&et number, (c) nature of the petition, (d) principal grounds of the
petition and the reliefs prayed for, and (e) a directive for the respondent to ans$er $ithin thirty
days from the last issue of publication.
$e'tion (. Motion to dismiss. . @o motion to dismiss the petition shall be allo$ed except on the ground of
lac& of *urisdiction over the sub*ect matter or over the parties, provided, ho$ever, that any other ground
that might $arrant a dismissal of the case may be raised as an affirmative defense in an ans$er.
$e'tion 1. Ans-er. . ()) The respondent shall file his ans$er $ithin fifteen days from service of
summons, or $ithin thirty days from the last issue of publication in case of service of summons by
publication. The ans$er must be verified by the respondent himself and not by counsel or attorney.in.fact.
(#) 8f the respondent fails to file an ans$er, the court shall not declare him or her in default.
(!) >here no ans$er is filed or if the ans$er does not tender an issue, the court shall order the
public prosecutor to investigate $hether collusion exists bet$een the parties.
$e'tion -. In.estigation report of pu/+ic prosecutor. . ()) >ithin one month after receipt of the court order
mentioned in paragraph (!) of 5ection < above, the public prosecutor shall submit a report to the court
stating $hether the parties are in collusion and serve copies thereof on the parties and their respective
counsels, if any.
(#) 8f the public prosecutor finds that collusion exists, he shall state the on the finding of collusion
$ithin ten days from receipt of a copy of a report The court shall set the report for hearing and 8f
convinced that the parties are in collusion, it shall dismiss the petition.
(!) 8f the public prosecutor reports that no collusion exists, the court shall set the case for pre.trial.
8t shall be the duty of the public prosecutor to appear for the 5tate at the pre.trial.
$e'tion )*. &ocia+ -or3er. . The court may require a social $or&er to conduct a case study and submit
the corresponding report at least three days before the pre.trial. The court may also require a case study
at any stage of the case $henever necessary.
$e'tion )). "re4tria+. .
051 "re4tria+ mandator,. . pre.trial is mandatory. 4n motion or motu proprio6 the court shall set
the pre.trial after the last pleading has been served and filed, or upon receipt of the report of the
public prosecutor that no collusion exists bet$een the parties.
021 otice of pre4tria+. . (a) The notice of pre.trial shall contain%
()) the date of pre.trial conference, and
(#) an order directing the parties to file and serve their respective pre.trial briefs in
such manner as shall ensure the receipt thereof by the adverse party at least
three days before the date of pre.trial.
(b) The notice shall be served separately on the parties and their respective counsels as
$ell as on the public prosecutor. 8t shall be their duty to appear personally at the pre.trial.
(c) @otice of pre.trial shall be sent to the respondent even if he fails to file an ans$er. 8n
case of summons by publication and the respondent failed to file his ans$er, notice of
pre.trial shall be sent to respondent at his last &no$n address.
$e'tion )!. Contents of pre4tria+ /rief. . The pre.trial brief shall contain the follo$ing%
(a) statement of the $illingness of the parties to enter into agreements as may be allo$ed by
la$, indicating the desired terms thereof,
(b) concise statement of their respective claims together $ith the applicable la$s and
authorities,
(c) dmitted facts and proposed stipulations of facts, as $ell as the disputed factual and legal
issues,
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16
(d) ll the evidence to be presented, including expert opinion, if any, briefly stating or describing
the nature and purpose thereof,
(e) The number and names of the $itnesses and their respective affidavits, and
(f) 5uch other matters as the court may require.
Failure to file the pre.trial brief or to comply $ith its required contents shall have the same effect as
failure to appear at the pre.trial under the succeeding paragraphs.
$e'tion )3. Effect of fai+ure to appear at the pre4tria+. . Ja) 8f the petitioner fails to appear personally, the
case shall be dismissed unless his counsel or a duly authori(ed representative appears in court and
proves a valid excuse for the non.appearance of the petitioner.
(b) 8f the respondent has filed his ans$er but fails to appear, the court shall proceed $ith the pre.
trial and require the public prosecutor to investigate the non.appearance of the respondent and
submit $ithin fifteen days thereafter a report to the court stating $hether his non.appearance is
due to any collusion bet$een the parties. 8f there 8s no collusion, the court shall require the public
prosecutor to intervene for the 5tate during the trial on the merits to prevent suppression or
fabrication of evidence.
$e'tion )4. "re4tria+ conference. .t the pre.trial conference, the court%
(a) 'ay refer the issues to a mediator $ho shall assist the parties in reaching an agreement on
matters not prohibited by la$.
The mediator shall render a report $ithin one month from referral $hich, for good reasons,
the court may extend for a period not exceeding one month.
(b) 8n case mediation is not availed of or $here it fails, the court shall proceed $ith the pre.trial
conference, on $hich occasion it shall consider the advisability of receiving expert testimony and
such other ma&ers as may aid in the prompt disposition of the petition.
$e'tion )5. "re4tria+ order. . Ja) The proceedings in the pre.trial shall be recorded. Epon termination of
the pre.trial, the court shall 8ssue a pre.trial order $hich shall recite in detail the matters ta&en up 8n the
conference, the action ta&en thereon, the amendments allo$ed on the pleadings, and except as to the
ground of declaration of nullity or annulment, the agreements or admissions made by the parties on any
of the matters considered, including any provisional order that may be necessary or agreed upon by the
parties.
(b) 5hould the action proceed to trial, the order shall contain a recital of the follo$ing,
()) Facts undisputed, admitted, and those $hich need not be proved sub*ect to 5ection )0
of this 1ule,
(#) Factual and legal issues to be litigated,
(!) 6vidence, including ob*ects and documents, that have been mar&ed and $ill be
presented,
(-) @ames of $itnesses $ho $ill be presented and their testimonies in the form of
affidavits, and
(") 5chedule of the presentation of evidence.
(c) The pre.trial order shall also contain a directive to the public prosecutor to appear for the 5tate
and ta&e steps to prevent collusion bet$een the parties at any stage of the proceedings and
fabrication or suppression of evidence during the trial on the merits.
(d) The parlies shall not be allo$ed to raise issues or present $itnesses and evidence other than
those stated in the pre.trial order.
The order shall control the trial of the case, unless modified by the court to prevent manifest
in*ustice.
(e) The parties shall have five days from receipt of the pre.trial order to propose corrections or
modifications.
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$e'tion )0. "rohi/ited compromise. . The court.shall not allo$ compromise on prohibited matters, such
as the follo$ing%
(a) The civil status of persons,
(b) The validity of a marriage or of a legal separation,
(c) ny ground for legal separation,
(d) Future support,
(e) The *urisdiction of courts, and
(f) Future legitime.
$e'tion )(. #ria+. . ()) The presiding *udge shall personally conduct the trial of the case. @o delegation of
the reception of evidence to a commissioner shall be allo$ed except as to matters involving property
relations of the spouses.
(#) The grounds for declaration of absolute nullity or annulment of marriage must be proved. @o
*udgment on the pleadings, summary *udgment, or confession of *udgment shall be allo$ed.
(!) The court may order the exclusion from the courtroom of all persons, including members of
the press, $ho do not have a direct interest in the case. 5uch an order may be made if the court
determines on the record that requiring a party to testify in open court $ould not enhance the
ascertainment of truth, $ould cause to the party psychological harm or inability to effectively
communicate due to embarrassment, fear, or timidity, $ould violate the right of a party to privacy,
or $ould be offensive to decency or public morals.
(-) @o copy shall be ta&en nor any examination or perusal of the records of the case or parts
thereof be made by any person other than a party or counsel of a party, except by order of the
court.
$e'tion )1. Memoranda. . The court may require the parties and the public prosecutor, in consultation
$ith the 4ffice of the 5olicitor ;eneral, to file their respective memoranda support of their claims $ithin
fifteen days from the date the trial is terminated. 8t may require the 4ffice of the 5olicitor ;eneral to file its
o$n memorandum if the case is of significant interest to the 5tate. @o other pleadings or papers may be
submitted $ithout leave of court. fter the lapse of the period herein provided, the case $ill be considered
submitted for decision, $ith or $ithout the memoranda.
$e'tion )-. Decision. . ()) 8f the court renders a decision granting the petition, it shall declare therein that
the decree of absolute nullity or decree of annulment shall be issued by the court only after compliance
$ith rticle "/ and ") of the Family Code as implemented under the 1ule on 3iquidation, Partition and
7istribution of Properties.
(#) The parties, including the 5olicitor ;eneral and the public prosecutor, shall be served $ith
copies of the decision personally or by registered mail. 8f the respondent summoned by
publication failed to appear in the action, the dispositive part of the decision shall be published
once in a ne$spaper of general circulation.
(!) The decision becomes final upon the expiration of fifteen days from notice to the parties. 6ntry
of *udgment shall be made if no motion for reconsideration or ne$ trial, or appeal 8s filed by any of
the parties the public prosecutor, or the 5olicitor ;eneral.
(-) Epon the finality of the decision, the court shall forth$ith issue the corresponding decree if the
parties have no properties.
8f the parties have properties, the court shall observe the procedure prescribed in 5ection #) of this
1ule.
The entry of *udgment shall be registered in the Civil 1egistry $here the marriage $as recorded
and 8n the Civil 1egistry $here the Family Court+granting the petition for declaration of absolute nullity or
annulment of marriage is located.
$e'tion !*. Appea+. .
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051 "re4condition. . @o appeal from the decision shall be allo$ed unless the appellant has filed a
motion for reconsideration or ne$ trial $ithin fifteen days from notice of *udgment.
021 otice of appea+. . n aggrieved party or the 5olicitor ;eneral may appeal from the decision
by filing a @otice of ppeal $ithin fifteen days from notice of denial of the motion for
reconsideration or ne$ trial. The appellant shall serve a copy of the notice of appeal on the
adverse parties.
$e'tion !). Liquidation6 partition and distri/ution6 custod,6 support of common chi+dren and de+i.er, of
their presumpti.e ieg+times. . Epon entry of the *udgment granting the petition, or, in case of appeal, upon
receipt of the entry of *udgment of the appellate court granting the petition, the Family Court, on motion of
either party, shall proceed $ith the liquidation, partition and distribution of the properties of the spouses,
including custody, support of common children and delivery of their presumptive legitimes pursuant to
rticles "/ and ") of the Family Code unless such matters had been ad*udicated in previous *udicial
proceedings.
$e'tion !!. Issuance of Decree of Dec+aration of A/so+ute u++it, or Annu+ment of Marriage.7 (a) The
court shall issue the 7ecree after,
()) 1egistration of the entry of *udgment granting the petition for declaration of nullity or
annulment of marriage in the Civil 1egistry $here the marriage $as celebrated and in the
Civil 1egistry of the place $here the Family Court is located,
(#) 1egistration of the approved partition and distribution of the properties of the spouses,
in the proper 1egister of 7eeds $here the real properties are located, and
(!) The delivery of the children+s presumptive legitimes in cash, property, or sound
securities.
(b) The court shall quote in the 7ecree the dispositive portion of the *udgment entered and attach
to the 7ecree the approved deed of partition.
6xcept in the case of children under rticles !0 and "! of the Family Code, the court shall order the
3ocal Civil 1egistrar to issue an amended birth certificate indicating the ne$ civil status of the children
affected.
$e'tion !3. Registration and pu/+ication of the decree8 decree as /est e.idence. . (a) The prevailing
party shall cause the registration of the 7ecree in the Civil 1egistry $here the marriage $as registered,
the Civil 1egistry of the place $here the Family Court is situated, and in the @ational Census and
5tatistics 4ffice. Ae shall report td the court compliance $ith this requirement $ithin thirty days from
receipt of the copy of the 7ecree.
(b) 8n case service of summons $as made by publication, the parties shall cause the publication
of the 7ecree once in a ne$spaper of general circulation.
(c) The registered 7ecree shall be the best evidence to prove the declaration of absolute nullity or
annulment of marriage and shall serve as notice to third persons concerning the properties of
petitioner and respondent as $ell as the properties or presumptive legitimes delivered to their
common children.
$e'tion !4. Effect of death of a part,8 dut, of the $ami+, Court or Appe++ate Court. . (a) 8n case a party
dies at any stage of the proceedings before the entry of *udgment, the court shall order the case closed
and terminated, $ithout pre*udice to the settlement of the estate in proper proceedings in the regular
courts.
(b) 8f the party dies after the entry of *udgment of nullity or annulment, the *udgment shall be
binding upon the parties and their successors in interest in the settlement of the estate in the
regular courts.
$e'tion !5. Effect+.it,. . This 1ule shall ta&e effect on 'arch )", #//! follo$ing its publication in a
ne$spaper of general circulation not later than 'arch =, #//!.
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!. A.M. 8o *!9))9)!9$C (Rule on 2rovisional &r/ers
$e'tion ). 2hen Issued6 . Epon receipt of a verified petition for declaration of absolute nullity of void
marriage or for annulment of voidable marriage, or for legal separation, and at any time during the
proceeding, the court, motu proprio or upon application under oath of any of the parties, guardian or
designated custodian, may issue provisional orders and protection orders $ith or $ithout a hearing.
These orders may be enforced immediately, $ith or $ithout a bond, and for such period and under such
termsI and conditions as the court may deem necessary.
$e'tion !. &pousa+ &upport. . 8n determining support for the spouses, the court may be guided by the
follo$ing rules%
(a) 8n the absence of adequate provisions in a $ritten agreement bet$een the spouses, the
spouses may be supported from the properties of the absolute community or the con*ugal
partnership.
(b) The court may a$ard support to either spouse in such amount and for such period of time as
the court may deem *ust and reasonable based on their standard of living during the marriage.
(c) The court may li&e$ise consider the follo$ing factors% ()) $hether the spouse see&ing support
is the custodian of a child $hose circumstances ma&e it appropriate for that spouse not to see&
outside employment, (#) the time necessary to acquire sufficient education and training to enable
the spouse see&ing support to find appropriate employment, and that spouse+s future earning
capacity, (!) the.duration of the marriage, (-) the comparative financial resources of the spouses,
including their comparative earning abilities in the labor mar&et, (") the needs and obligations of
each spouse, (0) the contribution of each spouse to the marriage, including services rendered in
home.ma&ing, child care, education, and career building of the other spouse, (=) the age and
health of the spouses, (<) the physical and emotional conditions of the spouses, (?) the ability of
the supporting spouse to give support, ta&ing into account that spouse+s earning capacity, earned
and unearned income, assets, and standard of living, and ()/) any other factor the court may
deem *ust and equitable.
(d) The Family Court may direct the deduction of the provisional support from the salary of the
spouse.
$e'tion 3. Chi+d &upport. . The common children of the spouses shall be supported from the properties
of the absolute community or the con*ugal partnership.
5ub*ect to the sound discretion of the court, either parent or both may be ordered to give an amount
necessary for the support, maintenance, and education of the child. 8t shall be in proportion to the
resources or means of the giver and to the necessities of the recipient.
8n determining the amount of provisional support, the court may li&e$ise consider the follo$ing
factors% ()) the financial resources of the custodial and non.custodial parent and those of the child, (#) the
physical and emotional health of the child and his or her special needs and aptitudes, (!) the standard of
living the child has been accustomed to, (-) the non.monetary contributions that the parents $ill ma&e
to$ard the care and $ell.being of the child.
The Family Court may direct the deduction of the provisional support from the salary of the parent.
$e'tion 4. Chi+d Custod,. . 8n determining the right party or person to $hom the custody of the child of
the parties may be a$arded pending the petition, the court shall consider the best interests of the child
and shall give paramount consideration to the material and moral $elfare of the child.
The court may li&e$ise consider the follo$ing factors% (a) the agreement of the parties, (b) the
desire and ability of each parent to foster an open and loving relationship bet$een the child and the other
parent, (c) the child+s health, safety, and $elfare, (d) any history of child or spousal abase by the person
see&ing custody or $ho has had any filial relationship $ith the child, including anyone courting the parent,
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(e) the nature and frequency of contact $ith both parents, (f) habitual use of alcohol or regulated
substances, (g) marital misconduct, (h) the most suitable physical, emotional, spiritual, psychological and
educational environment, and (i) the preference of the child, if over seven years of age and of sufficient
discernment, unless the parent chosen is unfit.
The court may a$ard provisional custody in the follo$ing order of preference% ()) to both parents
*ointly, (#) to either parent ta&ing into account all relevant considerations under the foregoing paragraph,
especially the choice of the child over seven years of age, unless the parent chosen is unfit, (!K to the
surviving grandparent, or if there are several of them, to the grandparent chosen by the child over seven
years of age and of sufficient discernment, unless the grandparent is unfit or disqualified, (-) to the eldest
brother or sister over t$enty.one years of age, unless he or she is unfit or disqualified, (") to the child+s
actual custodian over t$enty.one years of age, unless unfit or disqualified, or (0) to any other person
deemed by the court suitable to provide proper care and guidance for the child.
The custodian temporarily designated by theI court shall give the court and the parents five days
notice of any plan to change the residence of the child or ta&e him out of his residence for more than
three days provided it does not pre*udice the visitation rights of the parents.
$e'tion 5. 'isitation Rights. . ppropriate visitation rights shall be provided to the parent $ho is not
a$arded provisional custody unless found unfit or disqualified by the court. .
$e'tion 0. *o+d Departure %rder. . Pending resolution of the petition, no child of the parties shall be
brought out of the country $ithout prior order from the court.
The court, motu proprio or upon application under oath, may issue ex.parte a hold departure order,
addressed to the 9ureau of 8mmigration and 7eportation, directing it not to allo$ the departure of the child
from the Philippines $ithout the permission of the court.
The Family Court issuing the hold departure order shall furnish the 7epartment of Foreign ffairs
and the 9ureau of 8mmigration and 7eportation of the 7epartment of Bustice a copy of the hold departure
order issued $ithin t$enty.four hours from the time of its issuance and through the fastest available
means of transmittal.
The hold.departure order shall contain the follo$ing information%
(a) the complete name (including the middle name), the date and place of birth, and the place of
last residence of the person against $hom a hold.departure order has been issued or $hose
departure from the country has been en*oined,
(b) the complete title and doc&et number of the case in $hich the hold departure $as issued,
(c) the specific nature of the case, and
(d) the date of the hold.departure order.
8f available, a recent photograph of the person against $hom a hold.departure order has been
issued or $hose departure from the country has been en*oined should also be included.
The court may recall the order. motu proprio or upon verified motion of any of the parties after
summary hearing, sub*ect to such terms and conditions as may be necessary for the best interests of the
child.
$e'tion (. %rder of "rotection. . The court may issue an 4rder of Protection requiring any person%
(a) to stay a$ay from the home, school, business, or place of employment of the child, other
parent or any other party, and to stay a$ay from any other specific place designated by the court,
(b) to refrain from harassing, intimidating, or threatening such child or the other parent or any
person to $hom custody of the child is a$arded,
(c) to refrain from acts of commission or omission that create an unreasonable ris& to the health,
safety, or $elfare of the child,
(d) to permit a parent, or a person entitled to visitation by a court order or a separation
agreement, to visit the child at stated periods,
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(e) to permit a designated party to enter the residence during a specified period of time in order to
ta&e personaL belongings not contested in a proceeding pending $ith the Family Court,
(f) to comply $ith such other orders as are necessary for the protection of the child.
$e'tion 1. Administration of Common "ropert,. . 8f a spouse $ithout *ust cause abandons the other or.
fails to comply $ith his or her obligations to the family, the court may, upon application of the aggrieved
party under oath, issue a provisional order appointing the applicant or a third person as receiver or sole
administrator of the common property sub*ect to such precautionary conditions it may impose.
The receiver or administrator may not dispose of or encumber any common property or specific
separate property of either spouse $ithout prior authority of the court.
The provisional order issued by the court shall be registered in the proper 1egister of 7eeds and
annotated in all titles of properties sub*ect of the receivership or administration.
$e'tion -. Effecti.it,. . This 1ule shall ta&e effect on 'arch )", #//! follo$ing its publication in a
ne$spaper of general circulation not later than 'arch =, #//!.
!. .'. @o /).))./).5C 'arch )", #//! (4n 1equirement of 5ol;en Cert)
2*ERE #*E *ELL CA I $ID #*I&9 !%%!LED #*E &*I# %U# %$ I#.AD %#*I!. U!***.
!ADAMM I#
5. .egal $e4aration
A. Groun/s
(FC)
Art. 55. petition for legal separation may be filed on any of the follo$ing grounds%
()) 1epeated physical violence or grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner,
(#) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation,
(!) ttempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner,
to engage in prostitution, or connivance in such corruption or inducement,
(-) Final *udgment sentencing the respondent to imprisonment of more than six years, even if pardoned,
(") 7rug addiction or habitual alcoholism of the respondent,
(0) 3esbianism or homosexuality of the respondent,
(=) Contracting by the respondent of a subsequent bigamous marriage, $hether in the Philippines or
abroad,
(<) 5exual infidelity or perversion,
(?) ttempt by the respondent against the life of the petitioner, or
()/) bandonment of petitioner by respondent $ithout *ustifiable cause for more than one year.
For purposes of this rticle, the term IchildI shall include a child by nature or by adoption. (?a)
B. 3efenses
(FC)
Art. 50. The petition for legal separation shall be denied on any of the follo$ing grounds%
()) >here the aggrieved party has condoned the offense or act complained of,
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(#) >here the aggrieved party has consented to the commission of the offense or act complained of,
(!) >here there is connivance bet$een the parties in the commission of the offense or act constituting the
ground for legal separation,
(-) >here both parties have given ground for legal separation,
(") >here there is collusion bet$een the parties to obtain decree of legal separation, or
(0) >here the action is barred by prescription. ()//a)
C. ;#en to file<try a'tions
(FC)
Art. 5(. n action for legal separation shall be filed $ithin five years from the time of the occurrence of the
cause. ()/#)
Art. 51. n action for legal separation shall in no case be tried before six months shall have elapsed since
the filing of the petition. ()/!)
Art. 5-. @o legal separation may be decreed unless the Court has ta&en steps to$ard the reconciliation of
the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable. (n)
Art. 0*. @o decree of legal separation shall be based upon a stipulation of facts or a confession of
*udgment.
8n any case, the Court shall order the prosecuting attorney or fiscal assigned to it to ta&e steps to prevent
collusion bet$een the parties and to ta&e care that the evidence is not fabricated or suppressed. ()/)a)
3. Effe'ts of Filing 2etition
(FC)
Art. 0). fter the filing of the petition for legal separation, the spouses shall be entitled to live separately
from each other.
The court, in the absence of a $ritten agreement bet$een the spouses, shall designate either of them or
a third person to administer the absolute community or con*ugal partnership property. The administrator
appointed by the court shall have the same po$ers and duties as those of a guardian under the 1ules of
Court. ()/-a)
Art. 0!. 7uring the pendency of the action for legal separation, the provisions of rticle -? shall li&e$ise
apply to the support of the spouses and the custody and support of the common children. ()/"a)
E. Effe'ts of 3e'ree of .egal $e4aration
(FC)
Art. 03. The decree of legal separation shall have the follo$ing effects%
()) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be
severed,
(#) The absolute community or the con*ugal partnership shall be dissolved and liquidated but the
offending spouse shall have no right to any share of the net profits earned by the absolute community or
the con*ugal partnership, $hich shall be forfeited in accordance $ith the provisions of rticle -!(#),
(!) The custody of the minor children shall be a$arded to the innocent spouse, sub*ect to the provisions
of rticle #)! of this Code, and
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(-) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate
succession. 'oreover, provisions in favor of the offending spouse made in the $ill of the innocent spouse
shall be revo&ed by operation of la$. ()/0a)
Art. 04. fter the finality of the decree of legal separation, the innocent spouse may revo&e the donations
made by him or by her in favor of the offending spouse, as $ell as the designation of the latter as
beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation
of the donations shall be recorded in the registries of property in the places $here the properties are
located. lienations, liens and encumbrances registered in good faith before the recording of the
complaint for revocation in the registries of property shall be respected. The revocation of or change in
the designation of the insurance beneficiary shall ta&e effect upon $ritten notification thereof to the
insured.
The action to revo&e the donation under this rticle must be brought $ithin five years from the time the
decree of legal separation become final. ()/=a)
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