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Philippine.
EX: In mixed marriages, the national law of the husband governs with regards
A. Marriage
to property relations.
- is a special contract of permanent union between a man and a woman
EXs to the EX:
entered into in accordance with law for establishment of conjugal and family
(1) If the national law of the husband violates public policy of the forum
life. It is the foundation of the family life and an inviolable social institution
(2) The national law of the wife happens to be the law of the forum
whose nature, consequences, and incidents are governed by law and not
subject to stipulation, except that marriage settlements may fix property
Marriage Settlement
relations during the marriage within the limits provided by law.
What governs property regime (in order):
Validity of Marriage
(1) Marriage settlement
1. Marriage in PH
(2) Absolute Community of Property (FC presumption)
GR: Must comply with all the formal and substantive requirements of law
(3) Local Customs
(refer to Arts 2 & 3 of FC)
.
GR: capacity of foreigners to contract marriage in the Philippines is subject to
GR: Property relations of the spouses are governed by Philippine law,
their national law thus, they are required under the Family Code to obtain a
certificate of legal capacity, such should be issued by the proper diplomatic regardless of the place of marriage and their residence. Marriage settlement
or consular officials. (refer to Art. 21 of FC) governs property regime
EX: Where there is no marriage existing or effective, Philippine laws apply, the
Principle of Exterritoriality regime of absolute community of property is presumed under the Family Code
Even if the act be done abroad, still if executed before Philippine diplomatic EX to the EX: (application of Philippine laws):
and consular officials, the solemnities of Philippine laws shall be observed. (1) Where both spouses are aliens
The theory is that the act is being done within an extension of (2) With respect to the extrinsic validity of contracts affecting property not
Philippine territory. (refer to Art. 10 of FC) situated in the Philippines and executed in the country where the property
2. Marriage in another country is located.
See Art. 26 of FC (3) With respect to the extrinsic validity of contracts entered into the Philippines
GR: Marriages abroad which are valid in the country where the marriage is but affecting property situated in a foreign country whose laws require
celebrated are valid in the Philippines with respect to the extrinsic validity of different formalities for its intrinsic validity.
marriage. (Doctrine of lex loci celebrationis, the law of the place of
celebration) B. Divorce
EX: -the legal dissolution of the marriage bond rendered by a competent court for
1. Those contracted by any party below eighteen years of age even with causes defined by law which arose after marriage.
the consent of parents or guardians.
2. Those bigamous or polygamous marriage. Declaration of Nullity of Marriage
3. Those contracted through mistake of one of contracting party as to one in which the marriage did not legally exist, the cause of which occurred
identity of the other. prior to the marriage.
4. Those contracted by person who is psychologically incapacitated.
5. Those incestuous marriage GR: Divorce between Filipino spouses is not recognized
6. Those void marriages for reasons of public policy GR: Divorce legally obtained by foreign spouse recognized.
GR: Divorce between foreign spouses is recognized
Take note:
Marriage abroad not falling within any of the exceptions will be Partial Divorce (refer to Art. 26 of FC)
considered valid in the Philippines. Article 26 of the Family Code has equalized the effect of divorce
It extends the benefit to the Filipino spouse and entitles the latter to re-
The exceptions to the general rule apply only to Filipino citizens, marry.
not to aliens. If the Filipino spouse can remarry, it means the marital bond is
completely severed as he/she can remarry without any fear of being
Marriages Between Foreigners Solemnized Abroad liable for bigamy.
1. Apply the rule of lex loci celebrationis, but not the exceptions under Art. 26 Divorce is now recognized in our country, between an alien spouse and
of the Family Code which apply only to Filipinos. But universally considered a Filipino spouse, if secured by the former but not by the latter.
incestuous marriages and marriages that are highly immoral are excepted.
2. Proxy marriages are not allowed under internal law. DECLARATION OF NULLITY OF VOID MARRIAGE AND ANNULMENT OF
3. Marriages on board a vessel on the high seas. The country whose flag the MARRIAGE
ship is flying has jurisdiction over the ship, the rule is that compliance with
the law of the said country is required for the marriage to be valid. A declaration of nullity of void marriage or an annulment of voidable marriage
4. If the parties or at least the husband is a Muslim, it is believed that we would involves the status of a person.
recognize up to 4 marriages of the same husband (Phil. Muslim Code on
Personal Laws) The annulment of marriage may involve a conflict of laws situation, when the
action or annulment or declaration of nullity filed in the country contains
Philippine courts do not take cognizance of foreign laws, in cases involving foreign element, such as the marriage taking place abroad, one of the parties
marriage abroad are commenced in the Philippines, the party who raises being a Filipino citizen and resident of the country or domiciled in the
issues relating thereto, must allege and prove: Philippines, while the other spouse being an alien and non-resident, in which
1. existence of foreign law on marriage as a question of fact; case issues concerning which law should govern may arise.
2. alleged foreign marriage by convincing evidence.
Mixed Marraiges VOID AND VOIDABLE MARRIAGES
Between Filipino and Foreigner Abroad
If the marriage is valid under the law of one of the spouses while void Void Marriages: refer to Articles 35-38 of FC
under the law of the other, the validity of marriages should be uphold, unless GR: Prior final judgment of nullity, required only for remarriage
the marriage is universally incestuous or highly immoral. (The same rule as to LEGAL SEPARATION
foreigners who get married abroad). Procedure for Legal Separation
Between Filipino and a Foreigner in the Philippines Refer to A. M. NO. 02-11-11-SC (RE: PROPOSED RULE ON LEGAL
The national law of the Filipino should be followed, otherwise our SEPARATION); MARCH 15, 2003
public policy would be violated.
Consequences of Marriage C. Adoption
(1) Rights and obligations between 5) Adoption; It is a juridical act which creates between two persons a relationship similar to
husband and wife; 6) Support; that which results from legitimate paternity and filiation
(2) Property relations between 7) Parental Authority;
husband and wife; 8) Emancipation and age of majority; Foreign and Local Adoption
(3) Family; and Section 290 (Restatement of the Law , Second, Conflict of Laws 2d. An
(4) Paternity and filiation; 9) Summary judicial proceedings in adoption rendered in a state having judicial jurisdiction under the rule of
family law section 78 will usually be given the same effect in another state as is given by
the other state to a decree of adoption rendered by its own courts
Jurisdiction
1
The statute in force at the time of the commencement of the action determines e.) is eligible to adopt under his/her national law;
the jurisdiction of the court. f.) is in a position to provide the proper care and support and to give the
necessary moral values and example to all his children, including the child to
Laws on Adoption: be adopted;
Republic Act 8552: Domestic Adoption of Filipino Children g.) agrees to uphold the basic rights of the child as embodied under the
Republic Act 8043: Inter-Country Adoption of Filipino Children Philippine laws, the U.N Convention on the Rights of the Child, and to abide
Sec 289 (U.S Restatement of the Law , Second, Conflict of Laws 2d) by the rules and regulations issued to implement the provisions of this Act.;
h.) comes from a country with whom the Philippines has diplomatic relations
Effects or Consequences of Adoption and whose government maintains a similarly authorized and accredited
agency and that adoption is allowed under his/her national laws; and
Family Code i.) possesses all the qualifications and none of the disqualifications provided
Art. 189 in herein and in other applicable Philippine laws.
Legitimacy of filiation; Acquisition of reciprocal rights and obligation from the
relationship of parent and child and the right to use the surname of the Paternity & Filiation
adopters by the adopted. Refer to the relationship or tie which exists between the children and their
Terminate parental authority of natural parents over the adopted. parents.
Parental authority vested in adoptive parents. Filiation
Adopted remains intestate heir of parents and other blood relatives. Natural Filiation
Art. 190 relationship of the child to his parents is by blood
Rules governing intestate succession to the estate of the adopted. Filiation by adoption
artificial in nature as the relationship is only created by law
Republic Act 8552 Legitimate Children: Art. 164 of FC
Section 16. Parental Authority Illegitimate Children: Art. 165 FC
All legal ties between biological parents and adoptee shall be severed. Rights of a Legitimate Child: Art. 174 of FC
Legal ties vested on the adopter/s. Rights of an Illegitimate Child: Art. 176 of FC
Except when biological parent is the spouse of adopter.
Section 17. Legitimacy Legitimation
Adoptee shall be considered legitimate child of adopter/s. Remedy or process by means of which those who in fact were not born in
Section 18. Succession wedlock, and should therefore be ordinarily considered illegitimate children,
Intestate: Adopter/s and adoptee shall have reciprocal rights of succession. are by fiction & upon compliance with certain requirements, regarded by law
Testate: Law on Testamentary succession shall prevail. as legitimate.