Article XV. Sec. 2.

1987 Philippine Constitution:

Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the
state.

Article 1 of EO 209 PhilLaw:

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. (52a)
I. Death

II. Divorce

III. Declaration of Nullity of Marriage

IV. Annulment
 Divorce Annulment

Divorce is the legal dissolution of the

marriage bond rendered by a
competent court for causes defined by
Annulment is a legal procedure for
law which arose after marriage.
declaring a marriage null and void.
Divorce presupposes that the
Unlike divorce, it is usually retroactive,
marriage is valid.
meaning that an annulled marriage is
considered to be invalid from the
After the effectively of the Civil Code,
beginning almost as if it had never
divorce was no longer recognized,
taken place (though some
except that under Article 26 of the
jurisdictions provide that the marriage
Family Code, a divorce validly
is only void from the date of the
obtained by foreign spouse against
annulment
the Filipino spouse is recognized and
given effect, and the latter free to
remarry
DIVORCE BETWEEN FILIPINO SPOUSES IS NOT
RECOGNIZED
A divorce between Filipino spouses is not valid and is
not recognized in the country.

DIVORCE LEGALLY OBTAINED BY FOREIGN

SPOUSE RECOGNIZED.
The divorced validly obtained by a foreigner in his
country or in a country which grants divorce, who is married to
a Filipino citizen is recognized, insofar as the foreigner is
concerned.
DIVORCE BETWEEN FOREIGN SPOUSE IS
RECOGNIZED
If the divorce secured by a foreign spouse is against a
Filipino spouse is valid and recognized insofar as the foreign
spouse is concerned, with more reason a divorce between
foreign spouses is valid.

PARTIAL DIVORCE UNDER ARTICLE 26 OF

FAMILY CODE.
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is thereafter validly
obtained abroad by alien spouse capacitating him or her to
remarry, the Filipino spouse shall likewise have capacity to
remarry under Philippine Law.
LAW GOVERNING DIVORCE.

A state has the power to exercise judicial

jurisdiction to dissolve the marriage of spouses one of
whom is domiciled in the state

Philippine courts have no jurisdiction over a

petition for divorce, it being outlawed in the country.
Severance
of Marital
Ties
VOID MARRIAGE
It is one that is non-existent from the time of performance
o Considered invalid from the time the parties tried to enter it
Cannot be ratified or convalidated by free cohabitation or
prescription
o The passage of time cannot validate a void marriage
It may be attached directly or collaterally
Bur for purposes of remarriage, there must be a judicial
declaration of absolute nullity of marriage
VOIDABLE MARRIAGE
It is invalid only if a court declares it is invalid;
Can be ratified or convalidated by free cohabitation or
prescription;
Can only be attacked directly;
Defective at the time of marriage;
If no person initiates an action in court to invalidate a
voidable marriage, it will always be considered a valid
marriage.
NATURE OF, AND JURISDICTION OVER,
ANNULMENT OF MARRIAGE

An action for annulment of marriage is an

action in rem for it concerns the status of the parties,
and status affects or binds the whole world.
Jurisdiction over an action for annulment of marriage
depends upon the nationality or domicile of the
parties not the place of celebration of marriage.
JURISDICTION OVER:
a.The subject matter of the litigation;
b.The person of the parties therein; and
c.In actions in rem or quasi-inrem, the res such as the
relation between husband and wife in an action for
annulment of marriage, even if the defendant is a non-
resident of the country.

Philippine courts have jurisdiction over an action for

annulment of marriage, even if the marriage is celebrated in a
foreign country and the defendant is an alien who is a non-
resident of the Philippines.
JURISDICTION:

Philippine courts can acquire judicial jurisdiction over

the case so long as the plaintiff or petitioner is a Filipino
citizen, whether or not the defendant is a foreigner or a non-
resident.

If defendant cannot be located or is unknown, Section

6 of the new Rule and Rule 14 of the Rules of Court govern
the service of summons.
JURISDICTION:

Philippine courts can acquire judicial jurisdiction over

the case so long as the plaintiff or petitioner is a Filipino
citizen, whether or not the defendant is a foreigner or a non-
resident.

If defendant cannot be located or is unknown, Section

6 of the new Rule and Rule 14 of the Rules of Court govern
the service of summons.
THE SUMMONS TO BE PUBLISHED SHALL BE
CONTAINED IN AN ORDER OF THE COURT WITH THE
FOLLOWING DATA:
1. Title of the case
2. Docket number
3. Nature of the petition
4. Principal grounds of the petition and relief prayed for
5. Directive for the respondent to answer within 30 days from
last issue of publication
NEW RULE ON ANNULMENT OF MARRIAGE

The Supreme Court promulgated the Rule on

declaration of absolute nullity of void marriages and annulment
of voidable marriages which took effect on March 15, 2003.

It governs petitions for declaration of nullity of void

marriages and for annulment of voidable marriages under the
Family Code.
ART. 35. The following marriages shall be void from the
beginning:

1. Those contracted by any party below 18 years of age even

with consent of parents or guardians;
2. 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;
3. Those solemnized without license;
ART. 35. The following marriages shall be void from the
beginning:

4. Those bigamous or polygamous marriages not falling under

Article 41;
5. Those contracted through mistake of one contracting party
as to the identity of the other; and
6. Those subsequent marriages that are void under Article 53
ART. 37. Marriages between the following are incestuous
and void from the beginning, whether the relationship
between the parties be legitimate or illegitimate:

1. Between ascendants and descendants; and

2. Between brothers and sisters, whether of the full or

half-blood
ART. 38. The following marriages shall be void from the
beginning for reason of public policy:

1. Between collateral blood relatives, whether legitimate of

illegitimate, up to the fourth civil degree;
2. Between step-parents and step children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and
adopted child;
ART. 38. The following marriages shall be void from the
beginning for reason of public policy:

6. Between an adopted child and a legitimate child of the

adopter;
7. Between adopted children of the same adopter; and
8. Between parties where one, with the intention to marry the
other, killed that other persons spouse, or his or her own
spouse.
PSYCHOLOGICAL INCAPACITY AS GROUND FOR
ANNULMENT.

Psychological Incapacity should refer to no less than a

mental (not physical) incapacity that causes a party to be truly
incognitive of the basic marital covenants that concomitantly
must be assumed and discharged by the parties to marriage
which as so expressed by Article 68 of the Family Code.
A petition for legal separation may be filed only by the
husband or the wife, as the case maybe, within five years from
the time of the occurrence of any of the following causes:

1. Repeated physical violence or grossly abusive conduct

directed against petitioner
2. Physical violence or moral pressure to compel the petitioner
to change religious or political affiliation
3. Attempt or respondent to corrupt of induce the petitioner,
common child to engage in prostitution
4. Final judgment sentencing the respondent to imprisonment
of more than six years, even if pardoned;
5. Drug addiction of habitual alcoholism of the respondent
6. Lesbianism or homosexuality of the respondent
7. Contracting by the respondent of subsequent bigamous
marriage, whether in or outside the Philippines
8. Sexual infidelity or perversion of the respondent;
9. Attempt on the life of the petitioner by the respondent; or
10. Abandonment of the petitioner by respondent without
justifiable cause of more than one year.
The court shall deny the petition on any of the following
grounds:
1. The aggrieved party has condoned the offense or act
complained of or has consented to the commission of the
offense or act complained of;
2. There is connivance in the commission of the offense or act
constituting the ground for legal separation;
3. Both parties have given ground for legal separation;
4. There is collusion between the parties to obtain the decree
of legal separation; or
5. The action is barred by prescription
Best evidence The registered Decree shall be the best
evidence to prove the legal separation of the parties and shall
serve as notice to third persons concerning the properties of
petitioner and respondent.

The court shall immediately issue a Decree of

Reconciliation declaring that the legal separation proceeding
is set aside and specifying the regime of property relations
under which the spouses shall be covered.