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

Who may Adopt? Requisites of Legitimation

Filipino Citizen 1. Child must be conceived and born outside of wedlock of parents who at the
Of legal age; in possession of full civil capacity and legal rights; time of the conception of the child were NOT disqualified by any impediment
Of good moral character; has not been convicted of any crime involving to marry each other;
moral turpitude; 2. There must be subsequent valid marriage
Emotionally and psychologically capable of caring for children; at least 16
yrs older than adoptee, except when adopter is biological parent of adoptee In Conflict of Laws, however, the requisites of legitimation are generally
or is the spouse of adoptees parent. considered those prescribed by the national law of the parents.
Alien (non-Filipino Citizen)
Must posses all qualification stated for Filipino nationals. Time legitimation relate back to
His country has diplomatic relations with the Philippines. PH birth of the child (Art. 180, FC)
Has been living in the Philippines for three consecutive years prior to filing Other countries time of legitimation
application for adoption and must maintain such residence until the
adoption decree is entered. Kinds of Legitimation
Guardian 1. Legitimation per subsequenes matrimonium- recognition of the child
by the father
Who may be adopted? 2. Legitimation per rescriptum principis recognition by conduct of public
Any person below 18 yrs of age who has been voluntarily committed to the repute of the parent
department under arts. 154, 155 and 156 of P.D 603 or judicially declared
available for adoption. Theories concerning Legitimation
Legitimate child of one spouse, by the other spouse. 1. Common Law Theory
Illegitimate child of adopter 2. Theory that subsequent intermarriage of the parents is sufficient to
Person of legal age regardless of civil status, if prior to adoption has been legitimize
considered by adopters as their own child since minority. 3. Theory that the fathers acknowledgment is sufficient to legitimize
Child whose adoption has been previously rescinded. 4. Theory that both an intermarriage and an acknowledgment by the parents
Child whose biological or adoptive parents have died. are necessary
A child not otherwise disqualified by law or these rules.
Forms of Legitimation
INTER-COUNTRY ADOPTION (Republic Act. No. 8043) 1. Legitimation from Birth
2. Legitimation from Subsequent Marriage
a socio-legal process of adoption a Filipino child by a foreigner or a Filipino 3. Legitimation from Recognition
citizen permanently residing abroad where the petition is filed, the supervised 4. Legitimation after Birth
trial custody is undertaken, and the decree of adoption is issued outside the 5. Recognized Natural Child
Philippines
Doctrine of Immutability of Status
Who may be adopted? Status of the child is not affected by the subsequent change of nationality of
the parents, however, the rights and obligations of parents and child will be
Only a legally free child may be the subject of inter-country adoption
determined by their new nationality
Who may adopt?

any alien or a Filipino citizen permanently residing abroad may file an

Prepared by:
application for inter-country adoption of a Filipino child if he/ she:
Alombro
a.) is at least 27 y/o and at least 16 years older than the child to be adopted, Altomera
at the time of application unless the adopter is the parent by nature of the child Bacarra
to be adopted or the spouse of such parent; Belonio
b.) if married, his/her spouse must jointly file for the adoption; Binahon
c.) has the capacity to act and assume all rights and responsibilities of parental
Makinano
authority under his national laws, and has undergone the appropriate
counseling from an accredited counselor of his/her country.
d.) has not been convicted of a crime involving moral turpitude;