WELCOME: 2011

Primer on the family and family home

How does the Family Code define “family”?

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. (Art. 149, Family Code)

Art. 149 speaks of “family relations”. What are included under the term “family relations”?

Family relations include those: (1) Between husband and wife; (2) Between parents and children; (3) Among brothers and sisters, whether of the full or half-blood. (Art. 150)

Art. 149 states that “no custom, practice or agreement destructive of the family shall be recognized or given effect.” What’s an example of these destructive custom, practice or agreement?

Please read below (after this primer) excerpts of the Supreme Court decision in Concerned Employee vs. Mayor, A.M. No. P-02-1564. November 23, 2004. The Court said, among others, “Even if not all forms of extra-marital relations are punishable under penal law, the sanctity of marriage is constitutionally recognized and likewise affirmed by our statutes as a special contract of permanent union. Accordingly, the Court has had little qualms with penalizing judicial employees for their dalliances with married persons or for their own betrayals of the marital vow of fidelity.”

Please also read my discussion of the Estrada vs. Escritor ruling of the Supreme Court regarding live-in relationships and the Constitutional freedom of religion.

If there are lawsuits between members of the same family (like quarrels among brothers and sisters regarding their inheritance), what is the requirement, if any, of the Family Code?

No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed. This rule shall not apply to cases which may not be the subject of compromise under the Civil Code. (Art. 151)

If brothers and sisters, for example, cannot agree on the sharing or partition of their inheritance, but they do not want to resort to the filing of cases in court, what legal remedy do they have?

They can avail of Republic Act 9285 or the “Alternative Dispute Resolution Act of 2004.” Under the said law, the Office of Alternative Dispute Resolution has been created under the Department of Justice, and it helps provide parties to settle their dispute through mediation, conciliation, arbitration and other means

What is a family home?

The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated. (Art. 152)

When is the family home deemed constituted?

The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. (Art. 153)

Who are the beneficiaries of the family home?

The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of a family; and

(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support. (Art. 154)

Art. 153 states that the family home is exempt from execution, forced sale or attachment. Are there any exceptions?

The family home shall be exempt from execution, forced sale or attachment except:

(1) For nonpayment of taxes;

(2) For debts incurred prior to the constitution of the family home;

(3) For debts secured by mortgages on the premises before or after such constitution; and

(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished material for the construction of the building. (Art. 155)

What may be constituted as a family home? Who may constitute a family home?

The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter's consent.

The family home may also be constituted by an unmarried head of a family on his or her own property.

Nevertheless, property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home. (Art. 156)
What is the value of the family home?

The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by law.

In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the constitution of a family home shall be the basis of evaluation.

Urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. All others are deemed to be rural areas. (Art. 157)

Can the family home be sold or otherwise alienated? Under what conditions?

The family home may be sold, alienated, donated, assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same, the latter's spouse, and a majority of the beneficiaries of legal age. In case of conflict, the court shall decide. (Art. 158)

What happens to the family home if the unmarried head of the family, or one or both spouses die?

The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons therefor. This rule shall apply regardless of whoever owns the property or constituted the family home. (Art. 159)

Under what circumstances, other than Article 155, can the family home be subject to execution?

When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor, and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home, by the owner or owners of the property, or by any of the beneficiaries, the same rule and procedure shall apply.

At the execution sale, no bid below the value allowed for a family home shall be considered. The proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor. (Art. 160)

How many family homes can a person constitute

For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of, only one family home. (Art. 161)

Art. 149 states that “no custom, practice or agreement destructive of the family shall be recognized or given effect.” The following are excerpts from the Supreme Court decision in the case of Concerned Employee vs. Mayor (A.M. No. P-02-1564. November 23, 2004) and illustrate what these destructive custom, practice or agreement are.

As correctly found by DCA Perez, most of the allegations stated in the anonymous letter-complaint were unsubstantiated. Thus, they were correctly disregarded. What becomes clear though from the facts is that respondent, a single woman, engaged in sexual relations with a married man, resulting in a child born out of wedlock. Respondent admitted just as much in her complaint for parental recognition and support filed on 19 May 1998, her admissions therein verified under oath. Moreover, the illicit liaison occurred during her employment with the judiciary. For this reason, the DCA recommends that respondent be found guilty of disgraceful and immoral conduct and suspended for six months.

Our landmark ruling in Estrada v. Escritor emphasizes that in determining whether the acts complained of constitute “disgraceful and immoral behavior” under the Civil Service Laws, the distinction between public and secular morality on the one hand, and religious morality, on the other should be kept in mind. The distinction between public and secular morality as expressed - albeit not exclusively - in the law, on the one hand, and religious morality, on the other, is important because the jurisdiction of the Court extends only to public and secular morality. Thus, government action, including its proscription of immorality as expressed in criminal law like concubinage, must have a secular purpose.

Thus, any judicial pronouncement that an activity constitutes “disgraceful and immoral” behavior under the contemplation of the Civil Service law must satisfy the test that such conduct is regulated on account of the concerns of public and secular morality. Such judicial declarations cannot be mere effectuations of personal bias, notably those colored by particular religious mores. Nor would the demand be satisfied by the haphazard invocation of “cultural” values, without a convincing demonstration that these cultural biases have since been recognized and given accord within the realm of public policy. The Constitution and the statutes of the land would serve as especially authoritative sources of recognition, since they are irrefutable as to what the public policy is. At the same time, the constitutional protections afforded under the Bill of Rights should be observed, to the extent that they protect behavior that may be frowned upon by the majority.

Even if not all forms of extra-marital relations are punishable under penal law, the sanctity of marriage is constitutionally recognized and likewise affirmed by our statutes as a special contract of permanent union. Accordingly, the Court has had little qualms with penalizing judicial employees for their dalliances with married persons or for their own betrayals of the marital vow of fidelity.

>How does the Family Code define “marriage”?

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. (Article 1)

What are the essential requisites that make a marriage valid?

Article 2 provides that a marriage is valid if these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer.

What are the formal requisites of marriage?

The formal requisites of marriage according to Article 3 are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

What is the effect if an essential or formal requisite is absent?

The absence of any of the essential or formal requisites renders the marriage void ab initio, except as stated in Article 35 (2).

What is the effect if any of the essential requisites is defective?

A defect in any of the essential requisites does not affect the validity of the marriage but the party or parties responsible for the irregularity will be civilly, criminally and administratively liable.

What is the age at which a man or woman can get married?

Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage.

(Note: Before the Family Code became effective in August 3, 1988, the minimum age for marriage under the New Civil Code of the Philippines was 16 for men and 14 for women.)

Is there any prescribed form for the marriage ceremony?

No prescribed form or religious rite for the solemnization of the marriage is required. It is necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration must be contained in the marriage certificate which must be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

If a party cannot sign the marriage certificate, what can be done?

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it is sufficient for one of the witnesses to the marriage to write the name of said party, which fact must be attested by the solemnizing officer.

Who are authorized to solemnize marriages?

Art. 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court's jurisdiction;

(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect;

(3) Any ship captain or airplane chief only in the case mentioned in Article 31;

(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;

(5) Any consul-general, consul or vice-consul in the case provided in Article 10.

Note: The Local Government Code of 1991 restored to the mayors their authority to solemnize marriages

For Filipinos residing or traveling abroad and who want to get married, who can solemnize the marriage?

The consul-general, the consul, or vice-consul of the Republic of the Philippines can solemnize the marriage.
What can be done if upon applying for a marriage license, the parties cannot produce their birth certificates?

The presentation of birth or baptismal certificate is not required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of the parties, as stated in the application, or when the local civil registrar is, by merely looking at the applicants upon their personally appearing before him, convinced that either or both of them have the required age. (Last paragraph, Article 12)

What are the requirements of the Local Civil Registrar if either of the contracting parties was previously married?

The previously married applicant must furnish, instead of the birth or baptismal certificate, the death certificate of the deceased spouse, or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of the previous marriage.

In case the death certificate cannot be secured, the party must make an affidavit stating this circumstance, actual civil status, and the name and date of death of the deceased spouse. (Article 13)

What is the effectivity of the marriage license once issued?

The license is valid in any part of the Philippines for a period of one hundred twenty days from the date of issue, and it is automatically cancelled at the expiration of the period if the contracting parties have not used it. The expiry date must be stamped in bold characters on the face of every license issued. (Article 20)

What are the requirements if a foreigner wants to get married here in the Philippines?

When either or both of the contracting parties are citizens of a foreign country, they must submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials, before a marriage license can be obtained.

Stateless persons or refugees from other countries must, instead of the certificate of legal capacity, submit an affidavit stating the circumstances showing their capacity to contract marriage. (Article 21)

What are the rules for marriages entered into by Filipinos in foreign countries?

All marriages solemnized outside the Philippines under the laws in force in the country where they were solemnized, and valid there as such, are 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 afterwards validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse has the capacity to remarry under Philippine law. (Article 26, as amended by Executive Order 227)

Under what circumstances will a marriage license no longer be required?

In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and will remain valid even if the ailing party subsequently survives. (Article 27)

If the residence of either party is so located that there is no means of transportation to enable the party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (Article 28)

Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (Article 33)

No license is necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties must state these facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer must also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.

What are the rules for marriages performed by a ship captain or a pilot?

A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (Article 31)

What are the rules for marriages performed by a military commander?

A military commander of a unit, who is a commissioned officer, has the authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (Article 32)

>What marriages are void from the beginning?

Article 35 of the Family Code provides that the following marriages are void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless the marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered under the preceding Chapter;
(4) Those bigamous or polygamous marriages not falling under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and(6) Those subsequent marriages that are void under Article 53.

What is the famous “Article 36” of the Family Code?

The article states that “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.”

The Family Code does not define what “psychological incapacity” is. But the Supreme Court in several decisions has clarified what “psychological incapacity” is. In the case of Santos vs. Court of Appeals, the Supreme Court stated:

"Psychological incapacity under Article 36 of the Family Code is not meant to comprehend all possible cases of psychoses. It should refer, rather, to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage. Psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability."

What marriages are considered incestuous and thus void?

Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood.

What marriages are void by reasons of public policy?

The following marriages are void from the beginning for reasons of public policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other party, killed his own wife or her own husband, or the other person's spouse.

Can persons who find out that their marriage is bigamous simply declare by themselves that the marriage is void?

No, they cannot. They must file a petition asking the court to declare the marriage as void. (Article 40)
If the husband or wife has been missing for several years and could not be located despite earnest and diligent efforts, can the present spouse get married again?

Article 41 provides that a marriage contracted by any person during subsistence of a previous marriage is void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead.

In case of disappearance where there is danger of death under the circumstances stated in Article 391 of the Civil Code, an absence of only two years is sufficient.

What step must the present spouse take to get married again?

For the purpose of contracting the subsequent marriage under Article 41, the spouse present must file a summary proceeding for the declaration of presumptive death of the absentee.

What happens if the spouse declared presumptively dead reappears later on?

The subsequent marriage is automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance must be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person; due notice must be given to the spouses of the subsequent marriage. The fact of reappearance can be disputed in court.

What are the effects if the subsequent marriage is terminated?

Article 43 provides that the termination of the subsequent marriage produces the following effects:

(1) The children of the subsequent marriage conceived before its termination are legitimate;
(2) The absolute community of property or the conjugal partnership, as the case may be, will be dissolved and liquidated, but if either or both spouses contracted marriage in bad faith, their share of the net profits of the community property or conjugal partnership property will be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse;
(3) Donations by reason of marriage will remain valid, except that if the donee contracted the marriage in bad faith, the donations will be revoked by operation of law;
(4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if the designation is stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith is disqualified to inherit from the innocent spouse by testate and intestate succession.

What are the reasons for annulling a marriage?

Article 45 provides that a marriage may be annulled for any of the following causes existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless after coming to reason, the party freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless the party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, the party afterwards freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other, and the incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.

Article 45, paragraph (3) speaks of fraud that may annul a marriage. What constitutes fraud?

Any of the following circumstances constitutes fraud referred to in Number 3 of Article 44:

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
(2) Concealment by the wife that at the time of the marriage, she was pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity constitutes fraud that will give grounds for the annulment of marriage.

Who can file for the annulment of a marriage and within what periods?

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before the party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage.

What is the duty of the Court in cases of annulment or declaration of nullity of marriages?

Article 48 provides that in all cases of annulment or declaration of absolute nullity of marriage, the Court must order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.
During the course of the trial for the annulment or declaration of nullity of marriages, how can the rights of the spouses and their children as to support, visitation rights, etc be ensured?

Article 49 provides that during the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court must provide for the support of the spouses and the custody and support of their common children. The Court must give paramount consideration to the moral and material welfare of the children and their choice of the parent with whom they wish to remain under Title IX. It must also provide for appropriate visitation rights of the other parent.
What are the things to be decided upon by the Court in cases of annulment or declaration of nullity?

Article 50 provides that the final judgment of the Court must provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of their presumptive legitime, unless such matters had been decided upon in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal partnership must be notified of the proceedings for liquidation.
How can the rights of the children be guaranteed?

Article 51 provides that in the partition, the value of the presumptive legitime of all common children, computed as of the date of the final judgment of the trial court, must be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters.

The children or their guardian or the trustee of their property may ask for the enforcement of the judgment.
Does this mean that the children will no longer inherit from their parents?

No, the delivery of the presumptive legitimise will in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity will be considered as advances on their legitime.
What are required to be done with the judgment, partition, etc?

The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes must be recorded in the appropriate civil registry and registries of property; otherwise, it will not affect third persons.
When can the former spouses get married again to other persons?

Article 53 provides that either of the former spouses may marry again after complying with the requirements of Article 52; otherwise, the subsequent marriage will be void.
What is the status of the children in such cases?

Article 54 provides that children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory are legitimate. Children conceived or born of the subsequent marriage under Article 53 are also legitimate.

Family Code of the Philippines: Primer on legal separation

Men and women in troubled marriages have a variety of options under the Family Code in ending their relationship. At the very least, spouses can ask the courts for the judicial separation of their property as provided for in Articles 134 up to 142. Under this option, the conjugal property is liquidated and each spouse gets his or her own respective share. But the marital ties still remain. At the opposite end of the spectrum of legal options is “declaration of nullity of the marriage” with Article 36 of the Family Code as the most commonly used justification. The conjugal property is also liquidated, and more importantly, the spouses are free to marry other persons.

The Family Code, under Articles 55 to 67, also provides for “legal separation” where the conjugal property is liquidated, and the spouses are free to live independently of each other but without the right to marry other persons since the marriage ties are still binding.

What are the grounds for legal separation?

[1] Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

[2] Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

[3] Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

[4] Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

[5] Drug addiction or habitual alcoholism of the respondent;

[6] Lesbianism or homosexuality of the respondent;

[7] Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

[8] Sexual infidelity or perversion;

[9] Attempt by the respondent against the life of the petitioner; or

[10] Abandonment of petitioner by respondent without justifiable cause for more than one year.

The term "child" shall include a child by nature or by adoption.

Under what circumstances may the petition for legal separation be denied?

The petition may be denied on any of the following grounds:

[1] Where the aggrieved party has condoned the offense or act complained of;

[2] Where the aggrieved party has consented to the commission of the offense or act complained of;

[3] Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;

[4] Where both parties have given ground for legal separation;

[5] Where there is collusion between the parties to obtain decree of legal separation; or

[6] Where the action is barred by prescription.

When should the petition for legal separation be filed?

An action for legal separation shall be filed within five years from the time of the occurrence of the cause.

What is the so-called “cooling-off period”?

An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition.

What are the duties of the Family Court in petitions for legal separation?

[1] No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable.

[2] No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed.

What happens when the petition is filed?

[1] After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other.

[2] The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court.

[3] During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children.

What does Article 49 provide for?

Article 49 of the Family Code states, “During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided for in Title IX. It shall also provide for appropriate visitation rights of the other parent.”

What are the effects if the court grants the petition for legal separation?

[1] The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;

[2] The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43[2];

[3] The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of the Family Code; and

[4] The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.

What about the donations made by the spouses to each other?

The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

The action to revoke the donation must be brought within five years from the time the decree of legal separation has become final.

What if there is reconciliation between the spouses while the petition is being heard by the court?

[1] If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation.

[2] The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and

[3] The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime. The court's order containing the foregoing shall be recorded in the proper civil registries.

What protection, if any, is provided for the creditors of the spouses?

Article 67 provides that the agreement to revive the former property regime shall be executed under oath and shall specify:

[1] The properties to be contributed anew to the restored regime;

[2] Those to be retained as separated properties of each spouse; and

[3] The names of all their known creditors, their addresses and the amounts owing to each.

The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation, with copies of both furnished to the creditors named therein. After due hearing, the court shall, in its order, take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties.

The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim.

WELCOME

MESSAGE BOARD

Wednesday, October 26, 2011

PHILOSOPHY PAPER no. 3 (2nd TERM)

Wednesday, October 12, 2011

PHILOSOPHY PAPER no. 2 (2nd TERM)

Monday, October 03, 2011

PHILIPPINE HISTORY PAPER 2 (2nd TERM)

Saturday, October 01, 2011

PHILOSOPHY PAPER no. 1 (2nd TERM)

Friday, September 30, 2011

SOCIO PAPER # 4 2nd TERM

SOCIO PAPER #3 2nd TERM

Friday, September 23, 2011

SOCIOLOGY THEORETICAL FRAMEWORK (2nd TERM)

SOCIOLOGY IMPACT PAPER (2nd TERM)

Thursday, September 22, 2011

2ND TERM PHILIPPINE HISTORY

Saturday, August 06, 2011

SOCIO HAND OUT (FAMILY)