Notes on Marriage in the Philippines

Marriage is not merely a personal covenant but a fundamental social institution. As enshrined in Article XV, Section 2 of the 1987 Constitution, marriage is declared an “inviolable social institution” and the “foundation of the family,” enjoying paramount protection from the State. This constitutional mandate underpins the entirety of Philippine Family Law, primarily governed by Executive Order No. 209, otherwise known as the Family Code of the Philippines. Understanding the legal architecture of marriage — from its formation and inherent duties to its property implications and avenues for dissolution — is paramount for legal enthusiasts and the public alike.

This article aims to demystify these crucial facets, providing a comprehensive overview of how marital bonds are formed, how property relations are governed, and the distinct legal pathways available for their dissolution under Philippine law.

The Formation of Marriage: Requisites for Validity

For a marriage to be legally recognized in the Philippines, it must strictly comply with both essential and formal requisites. The absence or defect of these requisites dictates whether a marriage is void from its inception or merely voidable.

A. Essential Requisites (Article 2, Family Code) These are the core elements fundamental to the existence of a marriage:

  1. Legal Capacity: Both parties must be at least eighteen (18) years of age, male and female, and possess no legal impediments to marriage. It is within this requisite that psychological incapacity (Article 36) finds its pivotal role, rendering a marriage void ab initio if a party is inherently incapable of fulfilling marital obligations.
  2. Consent Freely Given: The genuine, spontaneous, and uncoerced consent of both contracting parties, expressed in the presence of the solemnizing officer. A vitiated consent (e.g., through fraud, force, or if a party is of unsound mind) renders the marriage merely voidable.

B. Formal Requisites (Article 3, Family Code) These are the procedural requirements for solemnization:

  1. Authority of the Solemnizing Officer: The marriage must be solemnized by a person authorized by law, subject to a crucial exception: if either or both parties believed in good faith that the officer had the authority, the marriage remains valid.
  2. Valid Marriage License: Generally indispensable, though specific exceptions exist, such as marriages in articulo mortis (at the point of death) or those between a man and a woman who have cohabited as husband and wife for at least five (5) years without any legal impediment.
  3. Marriage Ceremony: The personal appearance of the contracting parties before the solemnizing officer, where they declare, in the presence of at least two witnesses, that they take each other as husband and wife.

The absence of an essential or formal requisite (with the noted exceptions) results in a void ab initio marriage, while an irregularity in the formal requisites does not invalidate the marriage but may impose penalties on those responsible.

Marital Duties: The Essence of the Bond

Beyond the solemn exchange of vows and the signing of certificates, the Family Code outlines the profound and reciprocal obligations that define the essence of a marital union. These are not mere suggestions but fundamental duties inherent in the marital covenant, serving as the very benchmark against which a spouse’s capacity to engage in marriage is assessed, particularly in cases of psychological incapacity.

Article 68 of the Family Code succinctly states: “The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.” Other articles further elaborate on shared responsibilities. Let’s break down what these core duties entail:

  1. To Live Together (Cohabitation):
    1. This duty goes beyond merely sharing the same roof. It signifies the establishment of a common life, a shared home, and a conjugal bond. It implies intimacy, companionship, and the nurturing of a shared existence.
    1. While physical cohabitation is the general rule, Article 69 acknowledges limited exceptions, such as one spouse living abroad for compelling reasons, provided it does not undermine the family’s solidarity. However, persistent refusal to cohabit without just cause can be a serious breach.
  2. To Observe Mutual Love, Respect, and Fidelity:
    1. Love: This encompasses emotional commitment, affection, and genuine concern for the well-being and happiness of the other spouse. It’s about nurturing the emotional bond that forms the heart of the marriage.
    1. Respect: It means treating one’s spouse with dignity, valuing their personhood, opinions, and aspirations, and refraining from actions that would cause dishonor, humiliation, or emotional distress. This includes honoring their autonomy and individual space.
    1. Fidelity: While primarily referring to sexual exclusivity (prohibiting adultery or concubinage), it also extends to emotional loyalty and commitment to the marriage. It’s about being true to one’s marital vows in every sense.
  3. To Render Mutual Help and Support:
    1. Help: This duty implies mutual assistance, cooperation, and companionship in all aspects of married life – whether it’s navigating daily challenges, sharing responsibilities, or offering emotional solace and encouragement.
    1. Support: This is a joint obligation (Article 70) to provide everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, commensurate with the family’s financial capacity (Article 194). This includes both financial and non-financial contributions necessary for the upkeep and well-being of the family unit.
  4. To Jointly Fix the Family Domicile (Article 69):
    1. This highlights the principle of equality in marriage, where decisions regarding the family’s place of residence are made through mutual agreement, with disagreements settled by the court in the best interest of the family.
  5. To Jointly Manage the Household (Article 71):
    1. Another reflection of spousal equality, this duty emphasizes shared responsibility in the day-to-day running of the home, its upkeep, and the allocation of household resources.
  6. To Procreate and Rear Children (Implicit):
    1. While not explicitly stated in Article 68, the Family Code, rooted in the constitutional protection of the family, implicitly recognizes the purpose of marriage to include the procreation and rearing of children. A willful and persistent refusal to have children, without valid reason, could be construed as a breach of an essential marital obligation.

Property Relations: Navigating Marital Assets and Liabilities

The Family Code meticulously governs the financial framework of marriage, establishing how properties are acquired, owned, administered, and ultimately divided.

A. Regimes for Valid Marriages:

  1. Marriage Settlements: The primary governing instrument. Future spouses may execute a prenuptial agreement, which dictates their property regime.
  2. Default Regimes (in absence of a settlement):
    • Absolute Community of Property (ACP): The default for marriages celebrated on or after August 3, 1988. This regime pools almost all properties owned by the spouses at the time of marriage and those acquired thereafter into a common mass, with specific exceptions (e.g., properties acquired by gratuitous title unless expressly stipulated).
    • Conjugal Partnership of Gains (CPG): The default for marriages celebrated before August 3, 1988. Spouses retain their separate properties, but the “gains” or profits from their work, industry, or common fund during the marriage become conjugal.
  3. Complete Separation of Property: Allows each spouse full ownership and administration of their individual properties, requiring a specific agreement.

B. Property Relations for Unions Without Marriage: The Family Code also addresses the property rights of couples cohabiting without a valid marriage:

  1. Article 147 (Parties Capacitated to Marry): When a man and a woman, without legal impediment, live exclusively as husband and wife in a void or non-marital union, their wages and properties acquired through joint efforts are owned in equal shares. Non-monetary contributions (e.g., household care) are recognized for property acquisition.
  2. Article 148 (Parties Not Capacitated to Marry): Applies when a legal impediment exists (e.g., bigamous cohabitation). In such cases, only properties acquired through actual joint contribution of money, property, or industry are co-owned, strictly in proportion to their contributions. There is no presumption of equal sharing, and domestic efforts are not considered contributions for property acquisition.

Dissolution of Marriage: Pathways to Termination

Despite the constitutional sanctity of marriage, Philippine law provides specific avenues for its termination, often reflecting a complex balance between societal ideals and individual realities. General divorce is not available for Filipino citizens (with exceptions for Muslim Filipinos and valid foreign divorces of a Filipino by a foreign spouse).

A. Declaration of Nullity of Marriage:

  • Nature: Confirms that a marriage was void ab initio – it never legally existed due to a fundamental flaw at its inception.
  • Key Ground: Psychological Incapacity (Article 36): This is not a medical illness but a legal concept describing a grave, juridically antecedent (existing at marriage), and “incurable” (durable/enduring personality trait beyond volitional control) inability to fulfill essential marital obligations. The landmark Rosanna L. Tan-Andal v. Mario Victor M. Andal (G.R. No. 196359, May 11, 2021) ruling clarified that expert testimony is not indispensable, allowing for proof based on the “totality of evidence.”
  • Effect: Parties are legally free to contract a new marriage.

B. Annulment of Marriage:

  • Nature: Declares a voidable marriage invalid. A voidable marriage is valid until a court formally annuls it due to a specific defect.
  • Grounds: Include vitiated consent (fraud, force, unsound mind, lack of parental consent), physical incapacity to consummate, or serious sexually transmissible diseases. These grounds typically have prescriptive periods for filing the petition.
  • Effect: The marriage is terminated from the date the annulment decree becomes final, allowing parties to remarry.
  • A Tale of Two Terminations: Conceptually, Nullity and Annulment are often likened to “opposite tails of a coin.” While both lead to the complete dissolution of the marital bond and allow for remarriage, they originate from fundamentally different legal premises: one never truly existed, while the other was valid but flawed.

C. Legal Separation:

  • Nature: This remedy does NOT dissolve the marriage bond. Spouses remain legally married but are separated in bed and board.
  • Grounds: Based on grave marital offenses such as physical violence, drug addiction, habitual alcoholism, sexual infidelity, or abandonment.
  • Effect: The common property regime is dissolved, and issues of child custody and support are determined. However, as the marriage bond persists, neither party can remarry.

Conclusion: The Evolving Marital Landscape

The Philippine legal framework governing marriage is a robust, yet evolving, system. While rooted in a strong constitutional affirmation of marriage as an inviolable institution, it provides mechanisms to address unions that are either inherently defective or have profoundly broken down. The prevalence of nullity cases, particularly those citing psychological incapacity, underscores the nuanced approaches the legal system employs in the absence of a general divorce law. Understanding these intricate provisions is vital for any individual navigating the complex and deeply personal journey of marriage and family life in the Philippines.

Disclaimer: This article provides general legal information and should not be construed as legal advice. For specific legal concerns, it is advisable to consult with a qualified Philippine attorney.