Adlawan, Erickson Gabiel T.

BST III

TTH 10:30-12:00am prof. Hazel Hagmis

Marriage (also called matrimony or wedlock) is a social union or legal contract between people called spouses that creates kinship. The definition of marriage varies according to different cultures, but is usually an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged. Such a union is often formalized via a wedding ceremony. In terms of legal recognition, most sovereign states and other jurisdictions limit marriage to two persons of opposite sex or gender in the gender binary, and some of these allow polygynous marriage. In the 21st century, several countries and some other jurisdictions have legalized same-sex marriage. In some cultures, marriage is recommended or compulsory before pursuing any sexual activity. People marry for many reasons, including: legal, social, being in love, libidinal, emotional, financial, spiritual, and religious. These might include arranged marriages, family obligations, the legal establishment of a nuclear family unit, the legal protection of children and public declaration of commitment.The act of marriage usually creates normative or legal obligations between the individuals involved. Some cultures allow the dissolution of marriage through divorce or annulment. Polygamous marriages may also occur in spite of national laws.

Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26

Marriage, defined; purposes and characteristics Marriage, essential requisites Marriage, formal requisites Effect of absence of essential or formal requisites Minimum age for marriage Marriage ceremony Persons authorized to solemnize marriages Place of solemnization of marriage Issuance of marriage license Marriage by consular officials Marriage license application Determination of required age by local civil registrar Documents required if parties were previously married Parental consent required Parental advice required Marriage counseling required Posting of notice of marriage license application Knowledge of marriage impediments by local civil Marriage license fees Validity of marriage license Marriage by foreign citizens Marriage certificate or contract Distribution of copies of marriage certificate Duty of local civil registrar to prepare documents, Registry Book Marriage by Filipinos outside the Philippines

registrar

administer oaths

Chapter 2. Exempt From License Requirement

Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34

Marriage in articulo mortis Marriage in an inaccessible place Sworn affidavit of solemnizing officer Affidavit to be sent to local civil registrar Marriage solemnized by ship captain or airplane pilot Marriage solemnized by military commander Marriage by Muslims and cultural minorities Marriage by parties who have cohabited for at least five

years

Chapter 3. Void and Voidable Marriage Article 35 Article 36 Article 37 Article 38 Article 39 Article 40 Article 41 Article 42 Article 43 Article 44 Article 45 Article 46 Article 47 Article 48 Article 49 Article 50 Article 51 Article 52 Article 53 Article 54 Back to top Title II. Legal Separation Article 55 Article 56 Article 57 Article 58 Article 59 Article 60 Article 61 Article 62 Article 63 Article 64 Article 65 Article 66 Article 67 Back to top Title III. Rights and Obligations Between Husband and Wife Article 68 Article 69 Article 70 Article 71 Personal obligations of the spouses Who decides on the family domicile Responsibility for family support Household management by both spouses Legal separation, defined Grounds for denial of petition for legal separation Period to file action for legal separation Six months cooling-off period Duty of Court to initiate reconciliation No legal separation based on stipulation of facts or Effects of filing petition for legal separation Support of spouses and custody of children during Effects of decree of legal separation Other effects of decree of legal separation Filing of joint manifestation of reconciliation Effects of reconciliation Agreement to revive former property regime Void marriages Psychological incapacity Void incestuous marriages Void marriages by reason of public policy No prescription in void marriages Judicial declaration of nullity of marriage required Void, valid subsequent marriage Subsequent marriage terminated by recording of Effects of termination of second marriage by Bad faith of both spouses of subsequent marriage Grounds for annulment of marriage Circumstances that constitute fraud Prescriptive period to bring action for annulment Rules in actions for annulment or declaration of absolute Support and custody during pendency of cases Matters to be disposed of in final judgment Delivery of presumptive legitimes Registration of final judgment of annulment or Effects of subsequent marriage without registration of Legitimacy of children of voidable or void marriages

affidavit of reappearance reappearance

nullity of marriage

declaration of absolute nullity final judgment

confession of judgment pendency of petition

Article 72 Article 73 . Back to top

Relief from the courts in case of disagreement Exercise by a spouse of a profession, industry, etc

Title IV. Property Relations Between Husband and Wife Chapter 1. General Provisions Article 74 Article 75 Article 76 Article 77 Article 78 Article 79 Article 80 Article 81 How shall property relations to be governed Property regimes that may be agreed upon by spouses Modification of the marriage settlement Form of marriage settlements and its modifications Marriage settlements by minor Marriage settlements by persons under civil interdiction Property relations governed by Philippine law Stipulations in marriage settlements void if marriage

or other disability does not take place

Chapter 2. Donations by Reason of Marriage Article 82 Article 83 Article 84 Article 85 Article 86 Article 87 marriage Requisites for donations propter nuptias Donations propter nuptias governed by rules on ordinary One-fifth limitation on present property Donations propter nuptias of encumbered property Grounds for revocation Void donations or grants of gratuitous advantage donations

between spouses during the

Chapter 3. System of Absolute Community Section 1. General Provisions Article 88 Article 89 Article 90 System of absolute community of property (ACP) Effects of ACP during the marriage Rules on co-ownership suppletory to ACP explained

Section 2. What Constitutes Community Property Article 91 Article 92 Article 93 What constitutes community property Properties excluded from the community property Presumptions on property acquired during marriage

Section 3. Charges Upon and Obligations of the Absolute Community Article 94 Article 95 Obligations and charges upon the ACP What may not be charged upon the ACP

Section 4. Ownership, Administration, Enjoyment and Disposition of the Community Property Article 96 Article 97 Article 98 Ownership, administration, etc. of ACP Disposition of interest in the ACP by will Donation of ACP property void without marital consent

Section 5. Dissolution of Absolute Community Regime Article 99 Article 100 Article 101 Causes and effects of termination of ACP Effects of separation de facto on the ACP Abandonment or failure to comply with obligations

Section 6. Liquidation of the Absolute Community Assets and Liabilities Article 102 Article 103 Article 104 Procedure in liquidation, inventory and payment of Liquidation of ACP upon death of either spouse Liquidation of community properties of two or more obligations of the ACP marriages

Chapter 4. Conjugal Partnership of Gains Section 1. General Provisions Article 105 Article 106 Article 107 Article 108 When Conjugal Partnership (CPG) governs What constitutes the CPG When the CPG commences Rules governing the CPG

Section 2. Exclusive Property of Each Spouse Article 109 Article 110 Article 111 Article 112 Article 113 Article 114 Article 115 Exclusive property of each spouse Rights of each spouse over exclusive property Other rights over his/her exclusive property Alienation of exclusive property terminates the spouses Property donated to or acquired by will Onerous donations to the spouses Rules on benefits received by the spouses

administration

Section 3. Conjugal Partnership Property Article 116 Article 117 Article 118 Article 119 Article 120 Property acquired during marriage presumed conjugal Properties that comprise the CPG Rules on property bought on installment basis Payments of principal, exclusive property; interest, Rules on improvements or buildings made on separate

conjugal property

Section 4. Charges Upon and Obligations of the Conjugal Partnership Article 121 Article 122 Article 123 Obligations and charges upon the CPG Personal debts, fines and pecuniary liabilities of each What may not be charged upon the CPG spouse

Section 5. Administration of the Conjugal Partnership Property Article 124 Article 125 Administration, enjoyment, disposition of the CPG Donation of CPG property void without marital consent; exception

Section 6. Dissolution of Conjugal Partnership of Gains Article 126 Article 127 Article 128 Causes and effects of termination of CPG Separation in fact, effects on CPG Situations under this Article; abandonment

Section 7. Liquidation of the Conjugal Partnership Assets and Liabilities Article 129 Article 130 Article 131 Article 132 Article 133 Steps in liquidating the CPG Liquidation of CPG upon death of either spouse Liquidation of CPG properties of two or more marriages Applicability of Rules of Court Support during liquidation of CPG

Chapter 5. Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage Article 134 Article 135 Article 136 Article 137 Article 138 Article 139 Article 140 Article 141 Article 142 Judicial separation of property Sufficient case for judicial separation of property Steps in voluntary separation of property Liquidation upon separation of property; support Regime after dissolution Recording of requirements Protections to creditors Revival of prior regime Transfer of administration of conjugal property

Chapter 6. Regime of Separation of Property Article 143 Article 144 Article 145 Article 146 Regime of complete separation of property defined Kinds of separation of property Rights of each spouse over his/her property Liability of each spouse for family expenses

Chapter 7. Property Regimes of Unions Without Marriages Article 147 Article 148 . Back to top Unions without marriage, under a void marriage; rules Rules on wages and salaries, acquired properties, etc

Title V. The Family Chapter 1. The Family as an Institution Article 149 Article 150 Article 151 Article 152 Article 153 Article 154 Article 155 Article 156 Article 157 Article 158 Article 159 Article 160 Article 161 Article 162 Back to top Title VI. Paternity and Filiation Chapter 1. Legitimate Children Article 163 Article 164 Article 165 Article 166 Article 167 Kinds of filiation of children Natural legitimate children; artificial insemination Illegitimate children Grounds to impugn legitimacy of a child Declaration of mother against legitimacy of a child Definition of family Persons having family relations with each other Earnest efforts at compromise before suits between Definition of family home How family home is constituted Beneficiaries of family home Liabilities of the family home What properties constitute the family home Maximum value of the family home Alienation or encumbrance of the family home Effect of death on the family home Liability of family home to creditors Limitation on constitution of family home Applicability to existing family residences

family members

Article 168 Article 169 Article 170 Article 171

Status of child whose mother contracts another marriage Children born 300 days after termination of marriage Who can and when to impugn legitimacy of a child When heirs may impugn legitimacy

Chapter 2. Proof of Filiation Article 172 Article 173 Article 174 How to establish or prove filiation Who can and when to bring action to claim legitimacy Rights of legitimate children

Chapter 3. Illegitimate Children Article 175 Proof of filiation of illegitimate children; when and how to claim filiation Article 176 Rights of illegitimate children Chapter 4. Legitimated Children Article 177 Article 178 Article 179 Article 180 Article 181 Article 182 Back to top Title VII. Adoption Article 183 Article 184 Article 185 Article 186 Article 187 Article 188 Article 189 Article 190 Article 191 Article 192 Article 193 Back to top Title VII. Support Article 194 Article 195 Article 196 Article 197 Article 198 Article 199 Article 200 Article 201 Article 202 Article 203 Article 204 Article 205 What is included in support Who are obliged to support each other Support between illegitimate brothers and sisters Properties liable for support of relatives Support during certain proceedings Order of support Rules when obligation to support falls upon two or more Rules on amount of support Amount of support subject to change or modification Demandibility of support Options given to the obligor Support exempt from attachment or execution Definition and purpose of adoption; who may be Who may not adopt Adoption jointly by husband and wife Joint parental authority in adoption Who may not be adopted Consent necessary for adoption Effects of adoption Rules on legal or intestate succession Rescission of adoption Rescission of adoption by adopters Rescission where adopted is a minor or handicapped; adopted Who can be legitimated When legitimation takes place Rights of legitimated children Retroactive effect of legitimation Legitimation benefits childs descendants Who can and when to impugn legitimation; grounds bring action to

legal effects

persons

Article 206 Article 207 Article 208 Back to top

When stranger gives support Unjust refusal to give support Support by contract or will

Title IX. Parental Authority Chapter 1. General Provisions Article 209 Article 210 Article 211 Article 212 Article 213 Article 214 Article 215 What is parental authority Parental authority cannot be renounced Joint parental authority; duties of children under parental Effect of death of one spouse or remarriage of surviving Effect of separation of the parents Substitute parental authority by grandparent Prohibited testimony

authority parent

Chapter 2. Substitute and Special Parental Authority Article 216 Article 217 Article 218 Article 219 Persons exercising parental authority Parental authority over disadvantaged children Persons exercising special parental authority Liability of persons exercising special or substitute

parental authority

Chapter 3. Effect of Parental Authority Upon the Person of the Children Article 220 Article 221 Article 222 Article 223 Article 224 Rights and duties of parents Liability of parents and guardians for damages caused Guardian for childs property Disciplinary measures by court order Disciplinary measures to be imposed by children

Chapter 4. Effect of Parental Authority Upon the Property of the Children Article 225 Article 226 Article 227 Joint legal guardianship over childs property; bond Properties belonging to child in ownership; parents Rules when parents entrust their property to a child rights over fruits

Chapter 5. Suspension or Termination of Parental Authority Article 228 Article 229 Article 230 Article 231 Article 232 Article 233 Back to top Title X. Emancipation and Age of Majority Article 234 Article 235 Article 236 Article 237 Emancipation of a child (Repealed by RA 6809) Effect of emancipation (Repealed by RA 6809) Permanent termination of parental authority Revival of terminated parental authority Suspension of parental authority by civil interdiction Suspension and deprivation of parental authority by Permanent deprivation of parental authority Authority of persons exercising substitute or special

court order parental authority

Title XI. Summary Judicial Proceedings in the Family Law

Chapter I. Prefatory Provisions Article 238 Scope of application of summary rules

Chapter 2. Separation in Fact Between Husband and Wife Article 239 Article 240 Article 241 Article 242 Article 243 Article 244 Article 245 Article 246 Article 247 Article 248 Verified petition for authorization to enter into transaction Claims for damages litigated in separate action Jurisdiction over petition in RTC of either spouses Notice to other spouse Preliminary conference without lawyers Courts duty in non-appearance of the other spouse Ex parte proceedings in other spouses absence Petition decided in summary hearing Judgment immediately final and executory Rules governing petition for administration of separate

residence

property

Chapter 3. Incidents Involving Parental Authority Article 249 Article 250 Article 251 Article 252 Verified petition under Articles 223, 225 and 235 Petition in court where child resides Notice to parents or guardians Rules in Chapter 2 applicable

Chapter 4. Other Matters Subject To Summary Proceedings Article 253 Summary rules for Articles 41, 51, 69, 73, 96, 214, and 217

Title XII. Final Provisions Article 254 Article 255 Article 256 Article 257 Notes: Free PDF newsletters on legal issues available for download Yahoo downloads (the best free software for Windows like Firefox 3 and others) Google Chrome (BETA) for Windows: Google Chrome is a browser that combines a minimal design with sophisticated technology to make the web faster, safer, and easier Repeal of Titles in Book 1 of the Civil Code Separability clause Retroactive effect Effectivity of the Family Code

Who Can Solemnize A Marriage?

A person authorized to solemnize marriages must be a priest, minister or rabbi of any religious denomination...a judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages...a judge or magistrate who has resigned from office, or one of miscellaneous other federal and state judges, justices, magistrates, and retired judges, magistrates or justices. The duties imposed upon the person solemnizing the marriage include conducting the ceremony, insuring the correctness of the facts set out in the marriage license, issuance of the marriage certificate, and returning the

license, endorsed with the fact of the marriage, to the county recorder of the county in which the marriage ceremony was performed.