Article 38 of the Family Code enumerates the marriages that are void for being contrary to public policy. Article 38 reads: continue reading…
Article 37 of the Family Code provides for the nullity of incestuous marriages. It reads: continue reading…
Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence. continue reading…
Under the Family Code of the Philippines, property matters between the husband and wife are set forth in relative detail, e.g., the forms and requisites of a marriage settlement or ante-nuptial agreement, donations by reason of marriage, the “default” property regime of absolute community of property (vis-a-vis separation of property, and conjugal partnership of gains), support for the spouse and the children, and the effects of legal separation and annulment of marriage on the spouses’ properties. The Family Code also provides for the property relations, and therefore acknowledges the existence of, common-law marriages, commonly known as live-in relationships.[1] The property relations of the parties during the period of cohabitation in a void marriage, regardless of the cause thereof, is governed by the provisions of Article 147 or Article 148 (“Property Regime of Unions Without Marriage”), such as the case may be, of the Family Code.[2] continue reading…
Divorce among Filipinos, wherever the marriage was celebrated and wherever the divorce proceedings were filed, is not allowed under Philippine laws. Under the nationality principle (Art. 15, Civil Code), all Filipinos are bound by Philippine laws on family rights and duties, status, condition, and legal capacity. continue reading…
Article 35(1) of the Family Code provides for the nullity of the marriage if contracted by any party below 18 years of age, even with the consent of parents or guardians. [Refer also to Grounds for Declaration of Nullity of Marriage] continue reading…
As a Ground for Annulment
Article 45(4) of the Family Code provides that a marriage may be annulled if the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife. [See also Grounds for Annulment]
As a Ground for Annulment
Article 45(6) of the Family Code provides that a marriage may be annulled if either party was afflicted with a sexually transmissible disease (STD) found to be serious and appears to be incurable. [See also Grounds for Annulment]
As a Ground for Annulment
Article 45(5) of the Family Code provides that a marriage may be annulled if either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. [See also Grounds for Annulment]
As a Ground for Annulment
Article 45(3) of the Family Code provides that a marriage may be annulled if the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. [See also Grounds for Annulment]
My continuing notes on Family Code matters, including annulment. See also backup file on entrepreneurship, business and e-commerce. Read more.