Family Law

1. Define marriage (Article 1).

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 to stipulation,
except that marriage settlements may fix the property relations during the marriage
within the limits provided by this Code.
2. Purpose of marriage (Article 1)
For the establishment of conjugal and family life
3. Essential requisites of marriage (Article 2)
a. Legal capacity of the contracting parties who must be a male and a female and not
less than 18 years old
b. Consent freely given in the presence of the solemnizing officer
4. Formal requisites of marriage (Article 3)
a. Authority of the solemnizing officer to solemnize marriage
b. Valid marriage license
c. Marriage Ceremony
5. Effect of absence of any essential or formal requisites (Article 4)
The absence of any of the essential or formal requisites shall render the marriage
void ab initio.
6. How many witnesses shall be present in the solemnization of the marriage? (Article 6)
At least two (2) witnesses of legal age
7. In case of marriage in articulo mortis and the other party can no longer sign the marriage
certificate, who shall sign said certificate in the behalf of the disabled party? (Article 6)
It shall be sufficient for one of the witnesses to the marriage to write the name of
said party, which fact shall be attested by the solemnizing officer.
8. Who can solemnize marriage? (Article 7)
a. Incumbent Member of the Judiciary within the courts jurisdiction
b. Priest, Rabbi, Imam, or Minister of any church or religious sect duly authorized
by his church or religious sect and registered with the civil registrar general,
acting within the limits of the written authority granted by his church or religious
sect and provided that at least one of the contracting parties belongs to the
solemnizing officer's church or religious sect
c. Ship Captain or Airplane Chief
d. Military Commander of a unit to which a chaplain is assigned, in the absence of
the latter, during a military operation
e. Consul-general, Consul, or Vice-consul

f.

Mayor

9. Places where marriage can be solemnized (Article 8)

a. Chambers of the judge or in open court
b. Church, chapel, or temple
c. Office of the consul-general, consul, or vice-consul
d. Where both of the parties request the solemnizing officer in writing in which case
the marriage may be solemnized at a house or place designated by them in a
sworn statement to that effect.
10. Who issues a marriage license? (Article 9)
Marriage license shall be issued by the local civil registrar of the city or
municipality where either contracting party habitually resides.
11. Who solemnizes marriage between Filipinos abroad? (Article 10)
Consul-general, Consul, or Vice-consul of the Republic of the Philippines
12. Duties of a consular official (Article 10)
a. Issuance of the marriage license and other duties of the local civil registrar
b. Solemnize marriage between Filipino citizens abroad
13. Contents of a marriage license (Article 11)
a. Full name of the contracting party;
b. Place of birth;
c. Age and date of birth;
d. Civil status;
e. If previously married, how, when and where the previous marriage was dissolved
or annulled;
f. Present residence and citizenship;
g. Degree of relationship of the contracting parties;
h. Full name, residence and citizenship of the father;
i. Full name, residence and citizenship of the mother; and
j. Full name, residence and citizenship of the guardian or person having charge, in
case the contracting party has neither father nor mother and is under the age of
twenty-one years.
14. True or False. The applicants, their parents or guardians shall be required to exhibit their
residence certificates in any formality in connection with the securing of the marriage
license. (Article 11)
15. The local civil registrar, upon receiving the application for a marriage license, shall
require the presentation of the original birth certificate or in default thereof, baptismal
certificates of the contracting parties or copies of such documents duly attested by
the persons having custody of the originals. (Article 12)

16. True or False. The certificates stated above needs to be sworn to and shall be exempt
from the documentary tax stamp. (Article 12)
17. True or False. The signature and official title of the person issuing the certificate shall be
sufficient proof of its authenticity. (Article 12)
18. Other documents to be presented before the local civil registrar if the documents already
enumerated were destroyed or loss. (Article 12)
a. Residence Certificate
b. Instrument drawn up and sworn to before the local civil registrar concerned
or any public official authorized to administer oaths. Such instrument shall
contain the sworn declaration of two witnesses of lawful age, setting forth the full
name, residence and citizenship of such contracting party and of his or her
parents, if known, and the place and date of birth of such party.
19. Instance when there is no need for the presentation of birth or baptismal certificate (aside
from being destroyed or loss) (Article 12)
a. If the parents of the contracting parties appear personally before the local
civil registrar concerned and swear to the correctness of the lawful age of
said parties, as stated in the application
b. When the local civil registrar shall, by merely looking at the applicants upon
their personally appearing before him, be convinced that either or both of
them have the required age.
20. In case either of the contracting parties has been previously married, the applicant shall
be required to furnish instead of a birth or baptismal certificate, the (Article 13):
a. Death Certificate of the deceased spouse
b. Judicial Decree of the absolute divorce or Judicial Decree of annulment or
Declaration of Nullity of the previous marriage
21. What shall the applicant furnish in case the death certificate cannot be secured? (Article
13)
Affidavit setting forth this circumstance and his or her actual civil status and the
name and date of death of the deceased spouse
22. In addition to the formal and essential requisites of marriage, what other requirement
shall be exhibited to the local civil registrar in applying for a marriage license if either or
both of the contracting parties are 18-21 years old? (Article 14)
Parental Consent
23. 21-25 years old? (Article 15)
Parental Advice
24. If the parties failed to obtain such advice, or if it be unfavorable, the marriage license
shall not be issued until when? (Article 15)
The marriage license shall not be issued till after three months following the
completion of the publication of the application therefor.

25. In the cases where parental consent or parental advice is needed, the party or parties
concerned shall, attach a certificate issued by a priest, imam or minister authorized to
solemnize marriage or a marriage counselor to the effect that the contracting parties
have undergone marriage counseling (Article 16)
26. For how many days shall the local civil registrar post a notice for marriage license of the
parties? (Article 17)
10 consecutive days
27. Where shall it be posted? (Article 17)
On a bulletin board outside the office of the local civil registrar located in a conspicuous
place within the building and accessible to the general public
28. Purpose of a marriage license.
To prove that there is no legal impediment for the parties to contract a marriage
To prove that the parties have the legal capacity to contract the marriage
29. When shall the marriage license be issued? (Article 17)
The marriage license shall be issued after the completion of the period of
publication.
30. What shall the local civil registrar do after finding that an impediment exists between the
parties who applied for a marriage license? (Article 18)
In case of any impediment known to the local civil registrar or brought to his
attention, he shall note down 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 otherwise by a competent court at
his own instance or that of any interest party.
31. True or False. The local civil registrar, after finding out that an impediment exists, shall
still issue said license before the completion of the period of the publication, unless
ordered otherwise by a competent court at his own instance or that of any interest party.
(Article 18)
32. True or False. Indigent parties shall still pay the required payment prescribed by law.
(Article 19)
33. Is the license valid only to the place where it was issued? (Article 20)
The license shall be valid in any part of the Philippines.
34. For how many days shall it remain valid? (Article 20)
One hundred twenty days from the date of issue, and shall be deemed
automatically canceled at the expiration of the said period if the contracting parties have
not made use of it

35. What shall be submitted by the parties if either or both of them are citizens of a foreign
country and want to obtain a marriage license in the Philippines? (Article 21)
Certificate of legal capacity to contract marriage, issued by their respective
diplomatic or consular officials
36. How about for stateless persons or refugees from other countries? (Article 21)
a. Certificate of legal capacity to contract marriage
b. Affidavit stating the circumstances showing such capacity to contract
marriage
37. What shall a marriage certificate state? (Contents of a marriage certificate Article 22)
a. The full name, sex and age of each contracting party;
b. Their citizenship, religion and habitual residence;
c. The date and precise time of the celebration of the marriage;
d. That the proper marriage license has been issued according to law, except in
marriage provided for in Chapter 2 of this Title;
e. That either or both of the contracting parties have secured the parental consent in
appropriate cases;
f. That either or both of the contracting parties have complied with the legal
requirement regarding parental advice in appropriate cases; and
g. That the parties have entered into marriage settlement, if any, attaching a copy
thereof.
38. Whose duty is it to furnish either of the contracting parties the original of the marriage
certificate and send the duplicate and triplicate copies of the certificate not later than 15
days after the marriage to the local civil registrar of the place where the marriage is
solemnized? (Article 23)
Person solemnizing the marriage
39. True or False. It shall be the duty of the solemnizing officer to prepare the documents
stated within Title I of the Family Code, and to administer oaths to all interested parties
without any charge in both cases. (Article 24)
40. True or False. All marriages solemnized outside the Philippines, in accordance 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 (Article 26)
41. Ana is a Filipina, and John is an American citizen. They were married in USA. After
several years, a divorce is validly obtained by John. Is Ana, a Filipino citizen, still
allowed to remarry under the Philippine laws even if divorce is not allowed in the
Philippines? Why? (Article 26)

42. Mary and Sam were already engaged, but Sam was diagnosed of leukemia and was
already weak at that time. They decided to get married despite of Sams condition and

immediately approved by their family. The marriage was solemnized in the hospital room
by their uncle, a judge. After a few years, Sam was cured and living a healthy life. Since
the wedding was not planned and was solemnized in the case of articulo mortis, they did
not have a marriage license. Is the marriage still valid even if there is no marriage license
and the other party did not actually die? (Article 27)

43. Marriages exempted from marriage license (Articles 27, 28, 31, 32, 33, 34)
a. Marriage in articulo mortis
b. If 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
c. Marriage in articulo mortis between crew members solemnized by ship captain or
airplane chief
d. Marriage in articulo mortis solemnized by a military commander of a unit in the
absence of a chaplain within a military zone
e. Marriages among Muslims or among members of the ethnic cultural communities
provided they are solemnized in accordance with their customs, rites or practices
f. Cohabitation for at least 5 years
44. Void marriages (Articles 35 to 38)
a. Those contracted by any party below eighteen years of age even with the consent
of parents or guardians;
b. Those solemnized by any person not legally authorized to perform marriages
unless such marriages were contracted with either or both parties believing in
good faith that the solemnizing officer had the legal authority to do so;
c. Those solemnized without license, except those covered the preceding Chapter;
d. Those bigamous or polygamous marriages not failing under Article 41;
e. Those contracted through mistake of one contracting party as to the identity of the
other; and
f. Those subsequent marriages that are void under Article 53
g. Psychological incapacity
h. Incestuous marriage
i. Marriages void from the beginning for reasons of public policy
45. Define psychological incapacity. (Article 36)
46. Incestuous marriage (Article 37)
a. Between ascendants and descendants of any degree; and
b. Between brothers and sisters, whether of the full or half blood
47. Void marriage for reasons of public policy (Article 38)
a. Between collateral blood relatives whether legitimate or illegitimate, up to the
fourth civil degree;
b. Between step-parents and step-children;

c.
d.
e.
f.
g.
h.
i.

Between parents-in-law and children-in-law;

Between the adopting parent and the adopted child;
Between the surviving spouse of the adopting parent and the adopted child;
Between the surviving spouse of the adopted child and the adopter;
Between an adopted child and a legitimate child of the adopter;
Between adopted children of the same adopter; and
Between parties where one, with the intention to marry the other, killed that other
person's spouse, or his or her own spouse.

48. True or False. The action or defense for the declaration of absolute nullity of a marriage
shall prescribe. (Article 39)
49. True or False. The absolute nullity of a previous marriage may be invoked for purposes
of remarriage on the basis solely of a final judgment declaring such previous marriage
void. (Article 40)
50. The number of years required that the prior spouse had been absent for the present spouse
to have a well-founded belief that the former was already dead. (Article 41)
4 consecutive years
51. In case of disappearance where there is danger of death, how many years shall the prior
spouse be absent to be assumed dead? (Article 41)
2 consecutive years
52. If the absent spouse reappeared, what should be recorded in the civil registry of the
residence of the parties of subsequent marriage? (Article 42)
A sworn statement of the fact and circumstances of reappearance
53. Effects of the termination of the subsequent marriage (Article 43)
a. The children of the subsequent marriage conceived prior to its termination shall
be considered legitimate;
b. The absolute community of property or the conjugal 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
conjugal 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;
c. Donations 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
revoked by operation of law;
d. The innocent spouse may revoke the designation of the other spouse who acted in
bad faith as beneficiary in any insurance policy, even if such designation be
stipulated as irrevocable; and
e. The spouse who contracted the subsequent marriage in bad faith shall be
disqualified to inherit from the innocent spouse by testate and intestate
succession.

54. True or False. If both spouses of the subsequent marriage acted in bad faith, said
marriage shall be void. (Article 44)
55. Voidable marriage (Article 45)
a. Party in whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the marriage was solemnized
without the consent of the parents, guardian or person having substitute parental
authority over the party
b. Unsound mind
c. Consent of either party was obtained by fraud
d. Consent of either party was obtained by force, intimidation or undue influence
e. That either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable
f. That either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable
56. Marriage that constitute fraud (Article 46)
a. Non-disclosure of a previous conviction by final judgment of the other party of a
crime involving moral turpitude;
b. Concealment by the wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband;
c. Concealment of sexually transmissible disease, regardless of its nature, existing at
the time of the marriage; or
d. Concealment of drug addiction, habitual alcoholism or homosexuality or
lesbianism existing at the time of the marriage.
57. True or False. Deceit or misrepresentation as to character, health, rank, fortune, or
chastity shall constitute to fraud and will be a ground for annulment. (Article 46)
58. Who can file annulment of marriage and the required period? (Article 47)
a. Parent or guardian who did not give his consent (within 5 years after the party
reached 21 years old)
Parent or guardian or person having legal carge of the minor (at any time before
such party has reached the age of 21)
b. Sane spouse who had no knowledge f the others insanity
Any relative or guardian or person having legal charge of the insane (before the
death of either party)
Insane spouse during a lucid interval or after regaining sanity
c. Injured party within five years after the discovery of the fraud
d. Injured party within 5 years from the time the force, intimidation or undue
influence disappeared or ceased
e. Injured party within 5 years after the marriage
59. Duties of the Court in case of annulment or declaration of absolute nullity of marriage
(Article 48)
a. Order the prosecuting attorney or fiscal assigned to it to appear on behalf of the
State to take steps to prevent collusion between the parties and to take care that
evidence is not fabricated or suppressed

60. Duties of the Court in case of annulment or declaration of absolute nullity of marriage
during the pendency of the action and in the absence of adequate provisions in a written
agreement between the spouses (Article 49)
a. Court shall provide for the support of the spouses and the custody and support of
their common children.
b. The Court shall give paramount consideration to the moral and material welfare of
said children and their choice of the parent with whom they wish to remain as
provided to in Title IX.
c. It shall also provide for appropriate visitation rights of the other parent.
61. How shall the value of presumptive legitimes of all common children be delivered? State
the exception. (Article 51)
a. In cash
b. Property
c. Sound securities
The parties, by mutual agreement judicially approved, had already provided for such
matters.
62. Who may ask for the enforcement of the judgement?
a. Children
b. Their guardian
c. Trustee of their property
63. Status of the children conceived or born before the judgment of annulment or absolute
nullity of the marriage under Article 36 has become final and executory. (Article 51)
Legitimate
64. Status of the children conceived or born of the subsequent marriage under Article 53.
(Article 54)
Legitimate
65. If only one of the contracting parties need parental consent or advice, must the other party
be present at the marriage counselling? (Article 16)
Yes
66. How long will the issuance of the marriage license be suspended if such certificate was
not attached? (Article 16)
Suspend the issuance of the marriage license for a period of three months from the
completion of the publication of the application
Legal Separation
1. Grounds for Legal Separation
a. Repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner;

b. Physical violence or moral pressure to compel the petitioner to change religious or

political affiliation;
c. Attempt 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;
d. Final judgment sentencing the respondent to imprisonment of more than six years,
even if pardoned;
e. Drug addiction or habitual alcoholism of the respondent;
f. Lesbianism or homosexuality of the respondent;
g. Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad;
h. Sexual infidelity or perversion;
i. Attempt by the respondent against the life of the petitioner; or
j. Abandonment of petitioner by respondent without justifiable cause for more than
one year.
2. Defenses for Legal Separation
a. Condonation
b. Consent
c. Connivance
d. Mutual guilt
e. Collusion
f. Prescription
3. When shall an action for legal separation be filed?
Within five years from the occurrence of the cause
4. When shall an action for legal separation be tried?
After 6 months have elapsed since the filing of the petition
5. In case of legal separation, what shall be done first by the court before trying such case?
Reconciliation of the spouses
6. Duty of the prosecuting attorney or fiscal
a. To take steps to prevent collusion between the parties
b. To take care that the evidence is not fabricated or suppressed
7. What shall be done by the court in the absence of a written agreement between the
spouses?
Designate either of them or a third person to administer the absolute community
or conjugal partnership property
8. Who may be the administrator of the absolute community or conjugal partnership
property of the spouses?
a. Either of the spouses
b. Third person

9. Effects of the decree of Legal Separation

a. The spouses shall be entitled to live separately from each other, but the marriage
bonds shall not be severed;
b. The absolute community or the conjugal 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 conjugal partnership, which shall
be forfeited in accordance with the provisions of Article 43(2);
c. The custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code; and
d. The offending spouse shall be disqualified from inheriting from the innocent
spouse by intestate succession. Moreover, provisions in favor of the offending
spouse made in the will of the innocent spouse shall be revoked by operation of
law.
10. What may be done by the innocent spouse after the finality of the decree of legal
separation with regard to the donations and insurance made by him in favor of the guilty
spouse?
Innocent spouse may revoke the donations made by him or by her in favor of the
offending spouse, as well as the designation of the latter as beneficiary in any insurance
policy, even if such designation be stipulated as irrevocable.
11. Where the revocation of the donations shall be recorded?
Registries of properties in the place where the properties are located
12. What shall be done by the spouses if they reconcile?
A corresponding joint manifestation under oath duly signed by them shall be filed
with the court in the same proceeding for legal separation
13. Consequences of the reconciliation of the spouses
a. Termination of the Legal Separation
b. Final decree of legal separation shall be set aside, but the separation of the
property and any forfeiture of the share of the guilty spouse already effected shall
subsist. (Exception to the last clause: The spouses agree to revive their former
property regime)
14. What shall the agreement to revive the former property regime contain?
a. Properties to be contributed anew to the restored regime;
b. Those to be retained as separated properties of each spouse; and
c. The names of all their known creditors, their addresses and the amounts owing to
each
15. In what court shall it be filed?
Same court where the action for Legal Separation is filed
16. What shall be done by the court after due hearing?

Take measure to protect the interest of creditors and such order shall be recorded
in the proper registries of properties