IV. INTRODUCTION TO THE FAMILY CODE
This Code shall have retroactive effect insofar as it
Tolentino, “Persons and Family Relations in the Civil Code”
A. Effect and Retroactivity
E.O. 29, as amended by E.O. 227
EXECUTIVE ORDER NO. 227, July 17, 1987
AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE
KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES"
Sec. 1. Article 26 of the Executive Order No. 209 is hereby
amended to read as follows:
"Art. 26.All marriage solemnized outside the Philippines in
accordance with the laws in force in the country where they
were solemnized, and valid there as such, shall also be valid in
this country, except those prohibited under Articles 35(1), (4),
(5) and (6), 36, 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him or her to remarry,
the Filipino spouses shall have capacity to remarry under
Philippine law."
Sec. 2. Article 36 of Executive Order No. 209 is hereby
amended to read as follows:
"Art. 36. A marriage contracted by any party who, at the time of
the celebration, was psychologically incapacitated to comply
with the essential marital obligations of marriage, shall likewise
be void even if such incapacity becomes manifest only after its
solemnization."
Sec. 3. Article 39 of the Executive Order No. 209 is hereby
amended to read as follows:
"Art. 39. The action or defense for the declaration of absolute
nullity of marriage shall not prescribe. However, in the case of
marriages celebrated before the effectivity of this Code and
falling under Article 36, such action or defense shall have taken
effect."
Sec. 4. This Executive Order shall take effect upon the
effectivity of the Family Code of the Philippines.
Done in the City of Manila, this 17th day of July, in the year of
Our Lord, nineteen hundred and eighty-seven.
R.A. 6809
AN ACT LOWERING THE AGE OF MAJORITY FROM
TWENTY-ONE TO EIGHTEEN YEARS, AMENDING FOR
THE PURPOSE EXECUTIVE ORDER NUMBERED TWO
HUNDRED NINE, AND FOR OTHER PURPOSES
R.A. 7610
AN ACT PROVIDING FOR STRONGER DETERRENCE
AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR
OTHER PURPOSES
FC 256
Art. 256.
does not prejudice or impair vested or acquired rights in
accordance with the Civil Code or other laws.
FC 36
Art. 36. A marriage contracted by any party who, at the time of
the celebration, was psychologically incapacitated to comply
with the essential marital obligations of marriage, shall likewise
be void even if such incapacity becomes manifest only after its
solemnization. (As amended by Executive Order 227)
FC 39
Art. 39. The action or defense for the declaration of absolute
nullity of a marriage shall not prescribe. (As amended by
Executive Order 227 and Republic Act No. 8533; The phrase
"However, in case of marriage celebrated before the effectivity
of this Code and falling under Article 36, such action or defense
shall prescribe in ten years after this Code shall taken effect"has
been deleted by Republic Act No. 8533 [Approved February 23,
1998]).
FC 105
Art. 105. In case the future spouses agree in the marriage
settlements that the regime of conjugal partnership gains shall
govern their property relations during marriage, the provisions
in this Chapter shall be of supplementary application.
The provisions of this Chapter shall also apply to conjugal
partnerships of gains already established between spouses before
the effectivity of this Code, without prejudice to vested rights
already acquired in accordance with the Civil Code or other
laws, as provided in Article 256.
FC 162
Art. 162. The provisions in this Chapter shall also govern
existing family residences insofar as said provisions are
applicable
FC 257
Art. 257. This Code shall take effect one year after the
completion of its publication in a newspaper of general
circulation, as certified by the Executive Secretary, Office of the
President.
Done in the City of Manila, this 6th day of July, in the year of
Our Lord, nineteen hundred and eighty-seven.
Lupo Atienza v. Judge Brilliantes, 243 SCRA 32
Bernabe vs. Alejo, 374 SCRA 180
Fuentes vs. Roca, G.R. No. 178902, April 21, 2010
B. Repeal/Amendment
FC 254
Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of
Republic Act No. 386, otherwise known as the Civil Code of the
Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30,
31, 39, 40, 41, and 42 of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare Code, as amended, and
all laws, decrees, executive orders, proclamations, rules and
regulations, or parts thereof, inconsistent herewith are hereby
repealed.
FC 255
Art. 255. If any provision of this Code is held invalid, all the
other provisions not affected thereby shall remain valid.
V.MARRIAGE & PERSONAL RELATIONS BETWEEN
SPOUSES
A. The concept of “marriage”

FC 1
Article 1. 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. (52a)
NCC 52
Art. 52. Marriage is not a mere contract but an inviolable social
institution. Its nature, consequences and incidents are governed
by law and not subject to stipulation, except that the marriage
settlements may to a certain extent fix the property relations
during the marriage. (n)
FC 149
Art. 149. The family, being the foundation of the nation, is a
basic social institution which public policy cherishes and
protects. Consequently, family relations are governed by law
and no custom, practice or agreement destructive of the family
shall be recognized or given effect. (216a, 218a)
Art II Sec. 12, 1987 Constitution
SECTION 12. The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of
the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of
the youth for civic efficiency and the development of moral
character shall receive the support of the Government
Art. XV Sec. 2, 1987 Constitution
SECTION 2. Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the State.
B. Nature of marriage in Philippine law
FC 1
Article 1. 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. (52a)
Rule 131 Sec. 3 (aa), 1989 Rules on Evidence
Section 3. Disputable presumptions. — The following
presumptions are satisfactory if uncontradicted, but may be
contradicted and overcome by other evidence:
(aa)That a man and woman deporting themselves as husband
and wife have entered into a lawful contract of marriage;
NCC 220
Art. 220. In case of doubt, all presumptions favor the solidarity
of the family. Thus, every intendment of law or facts leans
toward the validity of marriage, the indissolubility of the
marriage bonds, the legitimacy of children, the community of
property during marriage, the authority of parents over their
children, and the validity of defense for any member of the
family in case of unlawful aggression.
Muslim Code, (P.D. 1083) Sec. 14
Article 14. Nature. Marriage is not only a civil contract but a
social institution. Its nature, consequences and incidents are
governed by this Code and the Shari'a and not subject to
stipulation, except that the marriage settlements may to a certain
extent fix the property relations of the spouses.
Goitia vs Campos-Rueda, 35 Phils 252
Sermonia v Republic, 233 SCRA 155
Perido v Perido, 63 SCRA 97
Silverio vs Republic, October 22, 2007
People v De La Cruz, G.R. No.187683, February 11, 2010
De Santis v Intestate Estate Jalandoni, December 1, 2010
Espinosa v Omana, AC No. 9081, October 12, 2011
Avenido v Avenido, G.R. No. 173540, Jan 22 2014
C. Agreements prior to marriage
1. Stipulations in marriage
FC 1
Article 1. 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. (52a)
NCC 221
Art. 221. The following shall be void and of no effect:
(1) Any contract for personal separation between husband and
wife;
(2) Every extra-judicial agreement, during marriage, for the
dissolution of the conjugal partnership of gains or of the
absolute community of property between husband and wife;
(3) Every collusion to obtain a decree of legal separation, or of
annulment of marriage;
(4) Any simulated alienation of property with intent to deprive
the compulsory heirs of their legitime.
Espinosa v Atty. Omana, A.C. No. 9081, October 12, 2011
2. Breach of promise to marry
NCC 19 – 21
Art. 19. Every person must, in the exercise of his rights and in
the performance of his duties, act with justice, give everyone his
due, and observe honesty and good faith.
Art. 20. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the latter
for the same.
Art. 21. Any person who wilfully causes loss or injury to
another in a manner that is contrary to morals, good customs or
public policy shall compensate the latter for the damage
NCC 2176
Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if there is no pre-
existing contractual relation between the parties, is called a
quasi-delict and is governed by the provisions of this Chapter.
(1902a)
NCC 1403 2(c)
Art. 1403. The following contracts are unenforceable, unless
they are ratified:
(2) Those that do not comply with the Statute of Frauds as set
forth in this number. In the following cases an agreement
hereafter made shall be unenforceable by action, unless the
same, or some note or memorandum, thereof, be in writing, and
subscribed by the party charged, or by his agent; evidence,
therefore, of the agreement cannot be received without the
writing, or a secondary evidence of its contents:
(c) An agreement made in consideration of marriage, other than
a mutual promise to marry;
MC 22
Article 22. Breach of contract. Any person who has entered into
a contract to marry but subsequently refuses without reasonable
ground to marry the other party who is willing to perform the
same shall pay the latter the expenses incurred for the
preparation of the marriage and such damages as may be granted
by the court.
Hermosisima v. CA 109 Phil 629
Wassmer v. Velez 12 SCRA 648
Tanjanco v. CA 18 SCRA 994
Baksh v. CA, 219 SCRA 115
Abanag v Mabute, AM P-11-2922, April 4, 2011