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Article 15, Section 2 of the 1987 Constitution states that Marriage, as an inviolable
social institution, is the foundation of the family and shall be protected by the State
The Constitutional view thus shows that marriage is a social institution secured form
violation and that the state is mandated to protect marriage. The state has a stake in the
inviolability of marriage because the constitution views marriage as the foundation of the
family. In turn, the family is viewed in the constitution as the foundation of the nation.
Following the Constitution, Article 1 of the Family Code of the Philippines echoes that of
the Constitution. Thus, 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.