Marriage is an important event that marks the beginning of a new chapter in life for couples. In the Philippines, getting married is not just a religious or romantic ceremony but also a legal process that requires couples to follow certain procedures. Understanding these procedures is crucial to ensure that the marriage is legally valid and recognized by the government. In this blog, we will discuss the legal procedures for getting married in the Philippines, including obtaining a marriage license, the waiting period, the wedding ceremony, and the registration of the marriage.

Obtaining a marriage license

Before couples can tie the knot in the Philippines, they must first obtain a marriage license from the local civil registrar. The couple needs to appear in person and bring the following documents:

• Original copies of their birth certificates
• Valid identification cards
• Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA) The couple should also be prepared to pay a fee for the marriage license.

The process of obtaining a marriage license involves filling out an application form, submitting the required documents, and attending a pre-marriage counseling or seminar. Once the application is processed, the couple will receive their marriage license, which is valid for 120 days.

Legal Age to Get Married in the Philippines

In the Philippines, the legal age to get married is 18 years old. This is in accordance with the Family Code of the Philippines, which states that a person must be of legal age to enter into a valid marriage.

However, there are some exceptions to this rule. The law allows individuals who are 18 years old but below 21 years old to get married with the consent of their parents or legal guardians. The consent must be given in writing and must be obtained prior to the marriage ceremony.

Meanwhile, individuals who are 21 years old and above do not need to seek the consent of their parents or legal guardians to get married. They are considered of legal age and can enter into a valid marriage without any restrictions.

It is important to note that getting married before reaching the legal age or without the proper consent can result in a voidable marriage. This means that the marriage can be annulled by either party, or by their legal representatives, within a certain period of time.

Furthermore, marrying a minor who is below 18 years old, even with the consent of their parents or legal guardians, is considered a criminal offense in the Philippines. The law prohibits child marriage and imposes penalties on those who violate the law.

Waiting period

After obtaining the marriage license, there is a mandatory 10-day waiting period before the wedding ceremony can take place. During this time, the local civil registrar will post a notice of the upcoming marriage in a public place, inviting anyone who has a legal objection to the union to come forward. The waiting period is meant to allow sufficient time for any objections to be raised and addressed.

Getting married

Once the 10-day waiting period has elapsed, the couple can schedule their wedding with the civil registrar or judge who will solemnize the marriage. The ceremony can take place in the civil registrar's office or in a location of the couple's choice, as long as it is within the jurisdiction of the registrar or judge. The couple needs to have two witnesses present during the ceremony who will also sign the marriage certificate.

Registering the marriage

After the wedding ceremony, the marriage certificate will be signed by the couple, witnesses, and the solemnizing officer. The couple must then register their marriage with the local civil registrar within 30 days from the date of the wedding ceremony. The couple should bring the original copy of the marriage certificate and pay the necessary registration fee. Failure to register the marriage within the required timeframe may result in penalties and difficulties in obtaining legal documents in the future.

Additional requirements and procedures for foreigners

If either of the couple is a foreigner, there may be additional requirements and procedures to follow. Foreigners need to obtain a Certificate of Legal Capacity to Contract Marriage from their respective embassies or consulates in the Philippines. They may also need to undergo additional steps, such as translation of documents or obtaining clearance from their home country's embassy.

Conclusion

Getting married is a significant event that requires careful planning and preparation. It is important for couples to understand the legal procedures for getting married in the Philippines to ensure that their marriage is legally valid and recognized by the government. By obtaining a marriage license, observing the waiting period, having a solemnizing officer, and registering the marriage, couples can make their union official and enjoy the rights and benefits of a legally recognized marriage. For foreigners, seeking legal advice or consulting with the Philippine embassy or consulate can help navigate the additional requirements and procedures.

When it comes to applying for a spouse visa in the Philippines, it is important to understand the process and requirements involved. A spouse visa allows foreign spouses of Filipino citizens to enter and stay in the Philippines for an extended period. However, the application process can be daunting, with various steps and requirements to be fulfilled.

The 13(a) Non-Immigrant Visa by Marriage, also known as Conversion to Non-Quota by Marriage, allows a foreign national to stay in the Philippines based on their marriage to a Filipino citizen. This visa is granted according to Section 13(a) of the Philippine Immigration Act of 1940 (PIA) and Foreign Service Circular No.21-10, and is available to citizens of countries that also grant permanent residence and immigration privileges to Philippine citizens.

This step-by-step guide aims to provide a comprehensive overview of the application process and help ensure a successful outcome. From eligibility requirements to document preparation and submission, this guide will cover everything you need to know to successfully apply for a spouse visa in the Philippines. Whether you are a first-time applicant or are looking for ways to improve your application process, this guide will serve as a helpful resource.

Determine Eligibility

Before proceeding with your spouse visa application, it is crucial to determine your eligibility. To qualify for a spouse visa in the Philippines, you must meet the following basic requirements:

• Your spouse must be a Filipino citizen
• You must be legally married to your Filipino spouse
• You must have a clean criminal record
• You must have an original valid passport

In addition to the basic requirements, there are additional requirements that may apply depending on your situation. For instance, if you were previously married, you will need to provide a copy of your divorce decree or annulment papers. If you are a widow or widower, you will need to provide a copy of your spouse's death certificate.

Furthermore, if your marriage was conducted in a foreign country, it must be valid under Philippine law. You may need to obtain an official translation of your marriage certificate and have it authenticated by the Philippine embassy in the country where the marriage took place.

It is also important to note that same-sex marriage is not recognized in the Philippines. Therefore, same-sex couples may not be eligible to apply for a spouse visa.

Overall, it is essential to review and understand the eligibility requirements thoroughly before beginning the application process. If you have any questions or concerns regarding your eligibility, it is best to consult with a legal expert or the Philippine embassy for further guidance.

Gather Required Documents

When applying for a 13(a) Non-Immigrant Visa by Marriage in the Philippines, there are several documents that foreign nationals must gather. The first requirement is a joint letter request addressed to the Commissioner from the applicant and the petitioning Filipino spouse. This letter should state the intention to apply for the 13(a) visa and request its issuance.

Another important document is the duly accomplished CGAF (BI Form 2014-00-001 Rev 0). This form contains personal information about the applicant and the Filipino spouse, such as their full name, date of birth, address, and contact details. It also requires information about the applicant's previous travels to the Philippines, as well as their educational and employment background.

The applicant must also provide their Marriage Certificate or Marriage Contract, which proves their valid marriage to a Filipino citizen. In addition, the applicant must provide their Birth Certificate or a certified true copy of BI-issued Identification Certificate as a Filipino citizen of the Filipino spouse. This is to confirm the Filipino spouse's citizenship and to establish the legitimacy of the marriage.

A photocopy of the Filipino spouse's valid government-issued ID, such as their Passport, SSS/GSIS ID/PRC ID, Driver's License, TIN, or Voter's ID, is also required. This serves as a valid proof of identity for the Filipino spouse.

To prove the applicant's legal status in the Philippines, a photocopy of passport bio-page and latest admission with valid authorized stay must also be provided. Additionally, if the applicant has stayed in the Philippines for less than six (6) months, a valid Police Clearance from their country of origin or residence is required. If the applicant has stayed in the Philippines for six (6) months or more from the date of latest arrival, a National Intelligence Coordinating Agency (NICA) Clearance or a National Bureau of Investigation (NBI) Clearance is needed.

Lastly, a BI Clearance Certificate is required to confirm the applicant's good moral character and to ensure that they do not have any pending criminal cases in the Philippines. Foreign nationals can obtain the 13(a) Non-Quota Immigrant Visa/Marriage Visa in the Philippines through personal filing with the Philippine Bureau of Immigration (if residing in the Philippines), hiring an accredited agency to process on their behalf, or personal filing with the Philippine Embassy or Consulate of their country of origin/residence.

By gathering all the necessary documents and fulfilling all the requirements, foreign nationals can successfully obtain a 13(a) visa, allowing them to stay in the Philippines indefinitely as long as they maintain the conditions of the visa, including having a valid marriage with a Filipino citizen.

Steps in Submitting the Application

When applying for a Philippine spouse visa, it's important to submit your application in the right place. You must submit your application directly to the Philippine Embassy or consular office located in your home country. Before submitting your application, be sure to double-check the requirements as they may vary slightly depending on which embassy or consular office you are submitting to.

Location of the Philippine Embassy

When applying for a Spouse Visa in the Philippines, you will need to submit your application to the Philippine Bureau of Immigration (BI). Specifically, you will need to submit your application to the BI's Visa Extension Section, which is responsible for processing applications for all types of visas, including Spouse Visas.

To submit your Spouse Visa application, you will need to visit the BI's main office in Manila or one of its satellite offices in other parts of the Philippines. You will need to bring all the required documents with you, including your marriage certificate, your spouse's passport or national ID card, proof of financial support, and any other original documents that the BI may require.

Steps

The first step in the process is to apply for a visa at the Philippine Embassy or Consulate in the applicant's country of origin. The requirements and processing time for the visa application can vary depending on the type of visa being applied for. For example, the processing time for a 13A visa, which is a permanent residency visa for spouses of Filipino citizens, may take longer than a temporary visitor visa.

Once the visa application is submitted, it will undergo a review process, which may include an interview and background check. The applicant may also be required to submit additional documentation or undergo a medical exam.

After the review process is complete, the visa will either be approved or denied. If the visa is approved, the applicant will need to attend a visa interview at the Philippine Embassy or Consulate and may need to provide additional documentation.

Fees

The fees for applying for a Spouse Visa (or a Non-Quota Immigrant Visa by Marriage) in the Philippines are as follows:

1. Application fee: PHP 8,400 (approximately USD 168)
2. Legal Research Fee: PHP 10 (approximately USD 0.20)
3. Visa fee: PHP 3,120 (approximately USD 62.40)
4. ACR I-Card fee: PHP 2,880 (approximately USD 57.60)

Please note that these fees for visa application are subject to change and may vary depending on the exchange rate at the time of payment. Additionally, there may be other fees and requirements depending on your specific case and the processing time may vary. It is recommended to consult with the Philippine Embassy or Consulate in your country for the most up-to-date and accurate information.

Wait for Processing

Waiting for the processing of your Spouse Visa application can be a frustrating experience, but it's important to be patient and follow the proper procedures for following up with the BI. By doing so, you can increase your chances of a successful Spouse Visa application and start your new life with your spouse in the Philippines.

Processing time frame

After submitting your Spouse Visa application to the Philippine Bureau of Immigration (BI), you will need to wait for the processing time frame. The processing time frame for applying for a spouse visa in the Philippines can vary depending on various factors, such as the type of visa being applied for, the completeness of the application, and the workload of the immigration office. Generally, the processing time frame for a spouse visa can take anywhere from 6 months to a year or longer.

Follow-up procedures

If your Spouse Visa application is taking longer than expected to process, you may need to follow up with the BI to check on the status of your application. You can do this by contacting the BI's Visa Extension Section directly or by visiting the BI's main office or one of its satellite offices.

When following up on your application, be sure to provide the BI with your application reference number and any other relevant information that they may require. You may also need to provide additional documentation or attend an interview if requested by the BI.

It's important to note that while you can follow up on the status of your Spouse Visa application, you should avoid contacting the BI excessively or making demands on the processing time frame. Doing so may delay the processing of your application or even result in its denial.

Conclusion

In conclusion, applying for a spouse visa in the Philippines can seem like a daunting process but with careful planning and attention to detail you can make it a much smoother experience. One of the most important steps is to make sure that you have all the required documents before beginning your application process. Additionally, make sure to review the timeline of processing times so you know exactly when your visa will be approved or denied.

Most importantly, remember to stay positive and patient throughout the entire process – great things take time! With effort, dedication, and faith in yourself, you can successfully apply for a spouse visa in the Philippines.

A prenuptial agreement, commonly known as a prenup, is a legal contract entered into by two individuals before they get married. It outlines how their assets, finances, and other important matters will be handled in the event of a divorce or separation. While prenups are not mandatory in the Philippines, they can provide crucial protection for couples in various ways. In this blog, we will explore the importance of prenuptial agreements for couples in the Philippines and how they can safeguard their assets, clarify financial rights and obligations, protect family inheritance, address issues related to alimony or support, protect business interests, and provide peace of mind.

Protection of Assets

One of the significant advantages of a prenup is its ability to safeguard individual assets brought into the marriage. In the Philippines, there is a community property regime where all properties acquired by the spouses during the marriage are presumed to be owned in equal shares. However, with a prenup, couples can specify which properties will remain separate and which will be considered marital property. This can be especially crucial for individuals who have acquired properties, investments, or businesses before getting married and wish to protect them in case of a divorce.

For example, if one spouse owns a property before marriage and wants to keep it as separate property, a prenup can specify that the property will not be considered part of the community property regime. This means that in case of divorce, the property will be retained by the original owner, and the other spouse will not have any claim to it. Prenups can also protect other assets, such as investments, businesses, and other valuable possessions, ensuring that they are not subject to division during divorce proceedings.

Clarification of Financial Rights and Obligations

Another essential aspect of prenups is that they can help couples define their financial responsibilities and expectations clearly. Financial matters can often be a source of conflict in marriages, and a prenup can address these issues in advance, helping to avoid misunderstandings and disputes down the road. For instance, a prenup can outline how expenses will be shared between the spouses, whether they will maintain joint accounts, and how debts will be managed.

By setting out these financial rights and obligations in a prenup, couples can have a clear understanding of their financial responsibilities during the marriage, which can help prevent conflicts and misunderstandings. This can be especially beneficial when it comes to managing joint finances, budgeting, and making financial decisions together. A well-drafted prenup can provide a roadmap for financial matters, ensuring that both parties are on the same page and have a clear understanding of their roles and responsibilities.

Protection of Family Inheritance

In the Philippines, family inheritance holds significant cultural and emotional value. It is often passed down from generation to generation, and families take great pride in preserving their lineage and heritage. However, in the event of a divorce or separation, family inheritance can become a contentious issue. This is where a prenuptial agreement can play a crucial role in protecting family inheritance.

A prenup can clearly outline how family inheritance will be treated in case of a divorce or separation. It can specify that any family inheritance received during the marriage will remain separate property and not subject to division or distribution. This can prevent any potential disputes or claims by the other party in the event of a divorce, ensuring that the family inheritance remains within the intended family lineage.

It is important to note that in the absence of a prenup, family inheritance can be considered as community property and subject to division under the community property regime in the Philippines. By having a prenup in place, couples can proactively protect family inheritance and ensure that it is not jeopardized in the event of a divorce or separation.

Alimony and Support

Another critical aspect that can be addressed in a prenuptial agreement is the issue of alimony or spousal support in case of a divorce. Alimony refers to the financial support that one spouse may be required to provide to the other spouse after a divorce to meet their financial needs. A prenup can outline the terms and conditions of alimony or support, including the amount, duration, and method of payment.

Having a prenup that includes provisions for alimony or support can provide clarity and predictability in case of a divorce, avoiding potential disputes or litigation. It can help both parties understand their financial responsibilities and obligations towards each other, and provide a framework for addressing any financial support needs that may arise after a divorce.

Protection of Business Interests

For couples where one or both parties own a business, a prenuptial agreement can be particularly crucial in protecting business interests. A well-drafted prenup can outline how the business will be managed, treated as marital or separate property, and handled in case of divorce or separation.

A prenup can specify that the business will remain separate property and not subject to division or distribution in case of a divorce. It can also outline how the business will be valued and divided if necessary, or provide for a buy-out provision to protect the business owner's interests. This can help prevent potential financial losses and disruptions to business operations that may arise in the event of a divorce.

Moreover, a prenup can also address issues such as the involvement of the spouse in the business, ownership percentages, and decision-making authority. This can provide clarity and certainty for both parties and help avoid potential conflicts or disputes related to the business during the marriage or in case of a divorce.

Peace of Mind

One of the intangible but significant benefits of a prenuptial agreement is the peace of mind it can provide for both parties. Knowing that their assets, financial rights, and obligations are clearly defined and protected can reduce stress and uncertainty in the relationship. It can also minimize emotional and financial stress in potential divorce proceedings, as many of the contentious issues have already been addressed in the prenup.

A well-drafted prenup can provide a sense of security and stability, allowing couples to focus on building their relationship without the fear of financial disputes or legal battles in the future. It can also promote open and honest communication about financial matters, which can contribute to a healthy and harmonious marriage.

Conclusion

In conclusion, prenuptial agreements, while not mandatory, can offer significant benefits to couples in the Philippines. They provide a legal framework for protecting assets, clarifying financial rights and obligations, safeguarding family inheritance, addressing issues related to alimony or support, protecting business interests, and providing peace of mind. By taking a proactive approach to addressing potential financial challenges in a marriage, a well-drafted prenup can help couples navigate divorce or separation with greater clarity and reduce emotional and financial stress.

It is important for couples to understand that a prenup should not be viewed as a plan for divorce, but rather as a tool for safeguarding interests and promoting a healthy and harmonious relationship. Open communication, trust, and mutual understanding should always be prioritized in a marriage, alongside a legally valid and carefully drafted prenuptial agreement.

When considering a prenup, it is crucial to seek the assistance of a qualified legal professional who specializes in family law and has experience in drafting prenuptial agreements in the Philippines. This ensures that the prenup meets all legal requirements and serves the best interests of both parties.

While prenuptial agreements may not be for everyone, they can provide valuable protection and peace of mind for couples in the Philippines. It is essential to carefully weigh the pros and cons, communicate openly with your partner, and seek professional legal advice to make informed decisions about whether a prenup is right for your specific circumstances. Ultimately, a well-crafted prenup can serve as a valuable tool in safeguarding your financial interests and promoting a healthy and stable marriage.

A spouse who is the primary beneficiary of a deceased member is entitled to death benefit if two qualifying factors are established: 1) that he/she is the legitimate spouse; and 2) that he/she is dependent upon the member for support. 

What if the spouse remarries? Will he/she still be entitled to the same benefits? As specified under Sections 8 and 13 of the Republic Act No. 1161, as amended otherwise known as Social Security (SS) Law, "Upon the covered employee's death, his primary beneficiaries shall be entitled to the monthly pension and his dependents to the dependents' pension: Provided, That he has paid at least thirty-six monthly contributions prior to the semester of death: Provided, further, That if the foregoing condition is not satisfied his primary beneficiaries shall be entitled to a lump sum benefit equivalent to thirty-five times the monthly pension: Provided, further, That if he has no primary beneficiaries, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to twenty times the monthly pension: Provided, however, That the minimum death benefit shall not be less than the total contributions paid by him and his employer on his behalf nor less than one thousand pesos: Provided, finally, That the beneficiaries of the covered employee who dies without having paid at least three monthly contributions shall be entitled to the minimum benefit. (As amended by Sec. 5, P.D. No. 1202, S-1977 and Sec. 8, P.D. No. 1636, S-1979)"

Factual Antecedents

On August 5, 2002, respondent Teresa G. Favila (Teresa) filed a Petition6 before petitioner SSC docketed as SSC Case No. 8-15348-02. She averred therein that after she was married to Florante Favila (Florante) on January 17, 1970, the latter designated her as the sole beneficiary in the E-1 Form he submitted before petitioner Social Security System (SSS), Quezon City Branch on June 30, 1970. When they begot their children Jofel, Floresa and Florante II, her husband likewise designated each one of them as beneficiaries. Teresa further averred that when Florante died on February 1, 1997, his pension benefits under the SSS were given to their only minor child at that time, Florante II, but only until his emancipation at age 21. Believing that as the surviving legal wife she is likewise entitled to receive Florante’s pension benefits, Teresa subsequently filed her claim for said benefits before the SSS. The SSS, however, denied the claim in a letter dated January 31, 2002, hence, the petition.

In its Answer,7 SSS averred that on May 6, 1999, the claim for Florante’s pension benefits was initially settled in favor of Teresa as guardian of the minor Florante II. Per its records, Teresa was paid the monthly pension for a total period of 57 months or from February 1997 to October 2001 when Florante II reached the age of 21. The claim was, however, re-adjudicated on July 11, 2002 and the balance of the five-year guaranteed pension was again settled in favor of Florante II.8 SSS also alleged that Estelita Ramos, sister of Florante, wrote a letter9 stating that her brother had long been separated from Teresa. She alleged therein that the couple lived together for only ten years and then decided to go their separate ways because Teresa had an affair with a married man with whom, as Teresa herself allegedly admitted, she slept with four times a week. SSS also averred that an interview conducted in Teresa’s neighborhood in Tondo, Manila on September 18, 1998 revealed that although she did not cohabit with another man after her separation with Florante, there were rumors that she had an affair with a police officer. To support Teresa’s non-entitlement to the benefits claimed, SSS cited the provisions of Sections 8(k) and 13 of Republic Act (RA) No. 1161, as amended otherwise known as Social Security (SS) Law.10

Ruling of the Social Security Commission

In a Resolution11 dated June 4, 2003, SSC held that the surviving spouse’s entitlement to an SSS member’s death benefits is dependent on two factors which must concur at the time of the latter’s death, to wit: (1) legality of the marital relationship; and (2) dependency for support. As to dependency for support, the SSC opined that same is affected by factors such as separation de facto of the spouses, marital infidelity and such other grounds sufficient to disinherit a spouse under the law. Thus, although Teresa is the legal spouse and one of Florante’s designated beneficiaries, the SSC ruled that she is disqualified from claiming the death benefits because she was deemed not dependent for support from Florante due to marital infidelity. Under Section 8(k) of the SS Law, the dependent spouse until she remarries is entitled to death benefits as a primary beneficiary, together with the deceased member’s legitimate minor children. According to SSC, the word "remarry" under said provision has been interpreted as to include a spouse who cohabits with a person other than his/her deceased spouse or is in an illicit relationship. This is for the reason that no support is due to such a spouse and to allow him/her to enjoy the member’s death benefits would be tantamount to circumvention of the law. Even if a spouse did not cohabit with another, SSC went on to state that for purposes of the SS Law, it is sufficient that the separation in-fact of the spouses was precipitated by an adulterous act since the actual absence of support from the member is evident from such separation. Notable in this case is that while Teresa denied having remarried or cohabited with another man, she did not, however, deny her having an adulterous relationship. SSC therefore concluded that Teresa was not dependent upon Florante for support and consequently disqualified her from enjoying her husband’s death benefits.

SSC further held that Teresa did not timely contest her non-entitlement to the award of benefits. It was only when Florante II’s pension was stopped that she deemed it wise to file her claim. For SSC, Teresa’s long silence led SSS to believe that she really suffered from a disqualification as a beneficiary, otherwise she would have immediately protested her non-entitlement. It thus opined that Teresa is now estopped from claiming the benefits. Hence, SSC dismissed the petition for lack of merit.

What's in a name? Why do people take matters to court because of the use of surnames? Whether it has to do with illegitimate children using their father's surname or a married woman adding her husband's surname, the process can become complicated without understanding the rule of law on using surnames. Republic Act 386 or An Act To Ordain And Institute The Civil Code Of The Philippines provides the following guidance on the use of surnames. 

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

Title XIII. - USE OF SURNAMES (n)

Art. 364. Legitimate and legitimated children shall principally use the surname of the father.

Art. 365. An adopted child shall bear the surname of the adopter.

Art. 366. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent.

Art. 367. Natural children by legal fiction shall principally employ the surname of the father.

Art. 368. Illegitimate children referred to in Article 287 shall bear the surname of the mother.

Art. 369. Children conceived before the decree an'ing a voidable marriage shall principally use the surname of the father.

Art. 370. A married woman may use:

      (1) Her maiden first name and surname and add her husband's surname, or

      (2) Her maiden first name and her husband's surname or

      (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."

Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless:

      (1) The court decrees otherwise, or

      (2) She or the former husband is married again to another person.

Art. 372. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.

Art. 373. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370.

Art. 374. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion.

Art. 375. In case of identity of names and surnames between ascendants and descendants, the word "Junior" can be used only by a son. Grandsons and other direct male descendants shall either:

      (1) Add a middle name or the mother's surname, or

      (2) Add the Roman Numerals II, III, and so on.

Art. 376. No person can change his name or surname without judicial authority.

Art. 377. Usurpation of a name and surname may be the subject of an action for damages and other relief.

Art. 378. The unauthorized or unlawful use of another person's surname gives a right of action to the latter.

Art. 379. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen names and stage names cannot be usurped.

Art. 380. Except as provided in the preceding article, no person shall use different names and surnames.

Executing any marriage settlement is not common among married couples unless the situation really calls for it. This is why issues involving properties create conflict as far as the law on property relations is concerned. The problem arises once the couple is annulled. Case in point: The spouse of Mr. X was given a parcel of land by his employer with a Certificate of Title issued in his name. The wife was surprised to discover that the donated property is excluded from their community properties. This means that the donated property is not considered to be part of the conjugal properties. Should the donated property be divided equally? 

The law on property relations states that: 

Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.

Art. 92. The following shall be excluded from the community property:

(1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property;

(2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property;

(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (201a)

Art. 93. Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom. 

The property was donated to Mr.X during marriage, but it remains to be his exclusive property because the title was issued only in his name. It is not deemed to be part of the community property. This is why it is excluded from the community property.

Our current law prohibits the use of the wife's maiden name unless the changes have undergone a judicial process after the court declares nullity of marriage. Pampanga Rep. Gloria Macapagal Arroyo, also the former President of the Philippines proposed a bill that will entitle women to revert to her surname without court order. House Bill No. 6082 or the Reversion to Maiden Name Act seeks to bypass expensive court process in terms of surname revision. With this bill, a woman can revert to her maiden surname on the following circumstances: 

(1) after her marriage has been judicially declared null and void or after its annulment;

(2) After a judicial declaration of legal separation, provided that there has been no manifestation of reconciliation filed with the court;

(3) After a judicial declaration of separation of property, provided there has been no subsequent decree reviving the old property regime between the spouses;

(4) If the spouses stipulated in their marriage settlement that a regime of separation of properties shall govern their property relations;

(5) If the petitioner has been de facto separated from or abandoned by her husband for a period of not less than 10 years;

(6) If the petitioner’s husband may be presumed dead.

If this bill will be enacted into a law, the woman will no longer have to pay for the annulment proceedings, which usually range from P150,000 to P200,000. For the conversion of documents, the woman needs at least P50,000 to change the identification cards including Social Security System ID, telecommunications bills, postal ID and many others. 

The Republic Act 386 currently has the following conditions in terms of the use of surname: 

Art. 370. A married woman may use:

      (1) Her maiden first name and surname and add her husband's surname, or

      (2) Her maiden first name and her husband's surname or 

      (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."

Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless:

      (1) The court decrees otherwise, or

      (2) She or the former husband is married again to another person.

Art. 372. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.

Art. 373. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370.

Art. 374. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion.

There are many reasons marriages may be considered void or voidable and one of which is when the husband or wife is not aware of the marriage that has taken place. For instance, a husband had a secret affair with another woman while married and the woman decides to marry the man by forging his signature. No ceremony has taken place though it has been proven that two marriages have been registered. Can the husband still take some necessary actions to nullify marriage? What are the grounds for nullifying marriage? 

Art. 35. The following marriages shall be 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 such 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 the preceding Chapter;

(4) Those bigamous or polygamous marriages not failing 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.

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)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether 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. (81a)

Art. 38. The following marriages shall be 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, killed that other person's spouse, or his or her own spouse. 

Filing a petition for legal separation is an option married couples consider in place of annulment. However, there are many misconceptions about legal separation and one of which is that when you are legally separated, you are free to marry another individual. 

Before you decide on filing a petition, be sure you are familiar with the rules of court. A summary of the law on legal separation will give you an idea about the process. 

RULE ON LEGAL SEPARATION

Section 1. Scope. - This Rule shall govern petitions for legal separation under the Family Code of the Philippines.

The Rules of Court shall apply suppletorily. 

Sec. 2. Petition. - (a) Who may and when to file. - (1) A petition for legal separation may be filed only by the husband or the wife, as the case may be within five years from the time of the occurrence of any of the following causes:

(a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; 

(b) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(c) 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;

(d) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(e) Drug addiction or habitual alcoholism of the respondent; 

(f) Lesbianism or homosexuality of the respondent;

(g) Contracting by the respondent of a subsequent bigamous marriage, whether in or outside the Philippines;

(h) Sexual infidelity or perversion of the respondent;

(i) Attempt on the life of petitioner by the respondent; or 

(j) Abandonment of petitioner by respondent without justifiable cause for more than one year.

(b) Contents and form. - The petition for legal separation shall: 

(1) Allege the complete facts constituting the cause of action. 

(2) State the names and ages of the common children of the parties, specify the regime governing their property relations, the properties involved, and creditors, if any. If there is no adequate provision in a written agreement between the parties, the petitioner may apply for a provisional order for spousal support, custody and support of common children, visitation rights, administration of community or conjugal property, and other similar matters requiring urgent action,

(3) Be verified and accompanied by a certification against forum shopping. The verification and certification must be personally signed by the petitioner. No petition may be filed solely by counsel or through an attorney-in-fact. If the petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country

(4) Be filed in six copies. The petitioner shall, within five days from such filing, furnish a copy of the petition to the City or Provincial Prosecutor and the creditors, if any, and submit to the court proof of such service within the same period.cralaw

Failure to comply with the preceding requirements may be a ground for immediate dismissal of the petition. 

(c) Venue. - The petition shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing "or in The case of a non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.cralaw

Sec. 3. Summons. - The service of summons shall be governed by Rule 14 of the Rules of Court and by the following rules: 

(a) Where the respondent cannot be located at his given address or his whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may, by leave of court, be effected upon him by publication once a week for two consecutive weeks in a newspaper of general circulation in the Philippines and in such place as the court may order. In addition, a copy of the summons shall be served on respondent at his last known address by registered mail or by any other means the court may deem sufficient.

(b) The summons to be published shall be contained in an order of the court with the following data; (1) title of the case; (2) docket number; (3) nature of the petition; (4) principal grounds of the petition and the reliefs prayed for, and (5) a directive for respondent to answer within thirty days from the last issue of publication.

Sec. 4. Motion to Dismiss. - No motion to dismiss the petition shall be allowed except on the ground of lack of jurisdiction over the subject matter or over the parties; provided, however, that any other ground that might warrant a dismissal of the case may be raised as an affirmative defense in an answer. 

Sec. 5. Answer. - (a) The respondent shall file his answer within fifteen days from receipt of summons, or within thirty days from the last issue of publication in case of service of summons by publication. The answer must be verified by respondent himself and not by counsel or attorney-in-fact. chan robles virtual law library

(b) If the respondent fails to file an answer, the court shall not declare him in default.

(c) Where no answer is filed/or if the answer does not tender an issue the court shall order the public prosecutor to investigate whether collusion exists between the parties.

Sec. 6. Investigation Report of Public Prosecutor. - (a) Within one one month after receipt of the court order mentioned in paragraph (c) of the preceding section, the public prosecutor shall submit a report to the court on whether the parties are in collusion and serve copies on the parties and their respective counsels, if any.

(b) If the public prosecutor finds that collusion exists, he shall state the basis thereof in his report. The parties shall file their respective comments on the finding of collusion within ten days from receipt of copy of the report. The court shall set the report for hearing and if convinced that parties are in collusion, it shall dismiss the petition.

(c) If the public prosecutor reports that no collusion exists, the court shall set the case for pre-trial. It shall be the duty of the public prosecutor to appear for the State at the pre-trial.

Sec. 7. Social Worker. - The court may require a social worker to conduct a case study and to submit the corresponding report at least three days before the pre-trial. The court may also require a case study at any stage of the case whenever necessary,

Republic Act 10906 or an "An An act providing stronger measures against unlawful practices, businesses, and schemes of matching and offering Filipinos to foreign nationals for purposes of marriage or common law partnership, repealing for the purpose republic act no. 6955, also referred to as the 'anti-mail order bride law'" is one of the new laws under Duterte administration. This law penalizes an individual engaging in business which involves offering Filipino to foreigners for marriage or common law partnership. Anyone who violates this law will be penalized with 15 years of imprisonment. The person will also pay at least P500,000 thousand pesos as fine. 

Sec. 3. Prohibited Acts - It shall be unlawful for any person, whether natural or juridical, to commit, directly or indirectly, any of the following acts:

a) Engage in any business or scheme for money, profit, material, economic or other consideration which has for its purpose the matching or offering of a Filipino to a foreign nationals for marriage or common law partnership on a mail-order basis or through personal introduction, email, or websites on the internet. 

b) Exhibit, advertise, publish, print, or distribute, or cause the exhibition, advertisement, publication, printing, or distribution of brochures, flyers, or propaganda materials which are calculated to promote the prohibited acts in the preceding paragraph, or to post, advertise, or upload such materails through websites on the internet;

c) Solicit, enlist, or in any manner, attract, or induce any Filipino to become a member in any club or association whose objective is to match Filipino nationals to foreign nationals for the purpose of marriage or common law partnership for a fee; and

d) To use the postal service or any website on the internet to promote the prohibited acts under this section. 

The above notwithstanding, legitimate dating websites, which have for their purpose connecting individuals with shared interests in order to cultivate personal and dating relationships, are not covered by this Act. 

Many people have fallen prey to schemes including entering into a fake marriage. Everything seems like a dream-come-true to these individuals, but when both parties decide to part ways, it is only then that one party discovers that the marriage was actually fake. People who are not well-versed when it comes to the ins and outs of legal marriage may consider a marriage certificate as a strong proof of the validity of marriage. Surprising as it may seem, a marriage can still be considered valid despite the absence of registration of a marriage certificate at the local civil registry or the National Statistics Office. 

When both parties have entered into a contract of permanent union, the following requirements must be met in accordance with the Family Code. 

Requisites of Marriage

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)

Art. 2. No marriage shall be valid, unless 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. (53a)

Art. 3. The formal requisites of marriage 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. (53a, 55a)

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

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

Art. 5. 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. (54a)

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be 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 shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a)

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. (56a)

Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. (57a)

Art. 9. A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title. (58a)

Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. (75a)

Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following:

(1) Full name of the contracting party;

(2) Place of birth;

(3) Age and date of birth;

(4) Civil status;

(5) If previously married, how, when and where the previous marriage was dissolved or annulled;

(6) Present residence and citizenship;

(7) Degree of relationship of the contracting parties;

(8) Full name, residence and citizenship of the father;

(9) Full name, residence and citizenship of the mother; and

(10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years. 

If the requisites mentioned are present, there is no reason for marriage to be invalid. If a copy of the marriage certificate has not been filed to the local civil registry, it does not affect the validity of marriage. Married parties will just simply present a copy of marriage certificate to the civil registry for late registration. 

Marriage can go sour when there is no communication and this can lead to separation. While no formal closure has taken place, either party may presume that the marriage is over due to long separation. Both parties may even decide to enter into a new relationship after all, everyone has already moved on. However, the fact that marriage has not been nullified still deters both parties from pursuing plans on getting married. Now, if a man decides to take the relationship with the new found love to the next level, the previous marriage needs to be nullified, otherwise, he will be charged of a crime of bigamy.

What are the elements of bigamy?

According to Article 349 of the Revised Penal Code of the Philippines, a person can be criminally responsible for the crime of bigamy if: the offender is legally married; the marriage has not been nullified; or the absent spouse could not yet be presumed dead based on the Civil Code. Bigamy takes place when a second marriage is contracted and has met the essential requisites of a valid marriage.

Under Article 349 of the Revised Penal Code, the elements of the crime of Bigamy are:

(1) that the offender has been legally married;

(2) that the first marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;

(3) that he contracts a second or subsequent marriage; and

(4) that the second or subsequent marriage has all the essential requisites for validity.

Does signing a marriage contract automatically hold a man criminally responsible? The subsequent marriage will only be considered valid if it meets the requisites of a valid marriage. This means that the consent must be freely given by both parties in the presence of the solemnizing officer. The solemnizing officer should also have the authority to solemnize the marriage. Without a valid marriage license, the contract of marriage will not take place and the crime of bigamy will not prosper in court.

ART. 53. No marriage shall be solemnized unless all these requisites are complied with:

(1) Legal capacity of the contracting parties;

(2) Their consent, freely given;

(3) Authority of the person performing the marriage; and

(4) A marriage license, except in a marriage of exceptional character.

When married couples separate, is the obligation of the husband limited only to supporting children who are in the care of the wife? What if the wife incurred debts? Does the husband have an obligation to make a payment of the debt?

According to Article 91 of the Family Code, the absolute community property of the spouse or the pieces of property, which belong to the spouse during marriage or acquired thereafter shall have legal liability. These include the following:

(2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse with the consent of the other;

(3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited;

If the wife incurred the debt after the husband separated from her, the husband's obligation to pay the debt is considered jointly. This means that if the wife incurred the debt even when you have already separated, the husband still has an obligation to settle it, provided that the debt incurred benefited the family. It is also interesting to note that the husband assumes responsibility for the wife's debt if the consent was obtained from him.

On the other hand, Article 102 of the Absolute Community of Property states:

(1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse.

(2) The debts and obligations of the absolute community shall be paid out of its assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article 94.

(3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them.

(4) The net remainder of the properties of the absolute community shall constitute its net assets, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements, or unless there has been a voluntary waiver of such share provided in this Code. For purpose of computing the net profits subject to forfeiture in accordance with Articles 43, No. (2) and 63, No. (2), the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution.

The inherited estate is one of the most talked about topics concerning property relation. While it is often said that when two people get married, anything acquired during marriage is deemed conjugal property, there are still some exceptions to the rule and this is where issues become complex. What if the property at the time of marriage has been inherited by one of the spouses? This is an interesting question because the problem usually arises when couples decide to call it quits due to irreconcilable differences. As a result, all of the properties acquired will be divided equally. What makes a property exclusive?

Section 2. Exclusive Property of Each Spouse

"Art. 109. The following shall be the exclusive property of each spouse:

    (1) That which is brought to the marriage as his or her own;

    (2) That which each acquires during the marriage by gratuitous title;

    (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and

    (4) That which is purchased with exclusive money of the wife or of the husband. (148a)

Art. 110. The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties.

Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located. (137a, 168a, 169a)

Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same. (n)

Art. 112. The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse. (n)

Art. 113. Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper. (150a)

Art. 114. If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains. (151a)

Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. (n)"

The husband and wife may decide to call it quits because a spark of romance no longer ignites their relationship. Sometimes, married couples stay together because of their children. When the time comes that they cannot stand each other, separation is the only option worth-exploring. By separation means being physically separated without going through any judicial process. After a long period of physical separation, both parties may decide to find somebody new and start all over again.

The common misconception of separated husband and wife is that long separation automatically nullifies marriage. This is not true at all. Even if you have separated for more than 10 years, it does not deny the fact that your marriage is still valid. Death and judicial process are the options that can declare your marriage null and void.

Preparing and notarizing a document that declare both parties free to marry other individuals may be an alternative to the judicial process that married couples need to undergo. The document is also a proof that they will not file charges of concubinage or adultery against each other. Are these documents enough to nullify marriage or allow both parties to remarry?

Illegal, Immoral, Void

Since 1933, the Supreme Court has ruled that these documents are considered illegal, immoral and void. This rule has been in existence for 83 years. If ever judges, lawyers and notaries-public have prepared and signed this kind of document, they will be reprimanded by the Court. Penalties such as suspension or disbarment will be imposed. Unfortunately, these practices still exist.

These documents will not vindicate both parties in the event they commit a crime of adultery or concubinage. According to Article 221, Civil code, "any contract for personal separation between husband and wife and every extra judicial agreement, during the marriage, for the dissolution of the conjugal partnership" will be considered void by the law to preserve the institutions of the family and marriage. Even a notarized document will be not be considered as a way of facilitating the disintegration of a marriage nor will it encourage the separation of spouses.

For anyone who may attempt to use a notarized document for the belief that it is enough to remarry someone just because it has been notarized by a lawyer or a judge, you need to think again. You can run from the law, but you can never hide. Since the process involved in filing for nullity of marriage is long and expensive, an attempt to reconcile is still deemed necessary.

Have you ever wondered if long separation is a valid reason for nullity of marriage? For instance, the husband left his family to work abroad, but after a few years, decided to stop communicating with his spouse. There is no communication and by no communication means that the spouse does not know where the husband resides. The line of communication became non-existent. Will this be a reason for remarrying someone? There is a common misconception that once a husband is separated from a spouse, it becomes a reason for one to automatically remarry. While not communicating with the spouse for so many years may seem like another case of abandonment, remarrying someone is not that simple. For an individual to remarry, petition for annulment must be filed.

Art. 35. The following marriages shall be 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 such 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 the preceding Chapter;

    (4) Those bigamous or polygamous marriages not failing 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.


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)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether 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. (81a)


Art. 38. The following marriages shall be 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, killed that other person's spouse, or his or her own spouse. (82)


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]).

Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (n)

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and 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 set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)

Art. 42. The subsequent marriage referred to in the preceding Article shall be 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 shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. (n)

Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:

    (1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;

    (2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall 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 shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are 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 such designation be stipulated as irrevocable; and

    (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. (n)


Art. 44. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law. (n)

Art. 45. 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 such party after coming to reason, freely cohabited with the other as husband and wife;

    (3) That the consent of either party was obtained by fraud, unless such 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, such party thereafter freely cohabited with the other as husband and wife;

    (5) That either party was physically incapable of consummating the marriage with the other, and such 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. (85a)


Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

    (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 of the fact 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 or homosexuality or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage."

In the Family Code Property Relations or also referred to as Property Regimes are divided into four types:

1. Complete Separation of Property
2. Property Regime of Unions Without Marriage
3. Conjugal Partnership of Gains
4. System of Absolute Community

While these four types of property relation may not apply to you, it will play a significant role once you get married. The property relations have to do with the law that applies to properties and other valuable things you accumulate over time. This includes your cars, jewelries and real estate. There are some details about property relation that you need to know whether you are the legal wife of the other woman or man.

The Family Code of the Philippines took effect on August 3, 1988. Since that day, the Absolute Community of Property will govern married couples. However, this property regime will only apply if they do not agree on another regime before getting married. The agreement before the weeding is referred to as the Marriage Settlements. Before August 3, 1988, the couples who got married without preparing marriage settlements beforehand, are covered by the Conjugal Partnership of Gains regime.

If the husband and wife agreed to Complete Separation of Property in their marriage settlements executed before the wedding, this Property Regime cannot be executed after the wedding.

On the other hand, the Property Regime of Unions Without Marriage is executed to two kinds of unmarried couples living together:

1. Those who are not legally married because of some legal impediment or incapacity of either or both of them, and

2. Those who are legally capable of marriage.

While both of these property relations are governed by the same property regime, each of them has different rules. Under the general law, a man is only allowed to marry one woman. If the man is already married to one and the marriage is still in effect, the other woman cannot be married. However, just because the other woman cannot be legally married does not necessarily mean that they do not have any right on the properties that they have accumulated together. According to the law, there are legal rights of the other woman that need to be taken into consideration.

Complete Separation of Property

This means each one of the spouses owns owns his or her exclusive properties, from both present and future property, including the ones they already own prior to getting married. If couples choose this property relation or regime, the means for supporting their family is through the use of common fund. The contribution of each part will depend on their income capacity.

Property Regime of Unions Without Marriage

It applies to couples who are capable of getting married but due to some reason did not get married because the property relations resemble that in CPG. This means their possessions prior to their marriage remain theirs, but the properties they produce or acquire during their marriage will be shared equally by both couples.

Conjugal Partnership of Gains

Conjugal Partnership of Gains (CPG) is similar to Absolute Community of Property except that there is a difference in how the properties are acquired by each party prior to getting married. The properties produced during the marriage will go to the common fund or the Conjugal Property where both spouses have equal rights.

Absolute Community of Property

This property regime pools the property of the husband and the wife together into one common fund. This will include the properties owned prior to the marriage. Both parties also have equal rights to the common fund. When married couples decide to go separate says or dissolve their marriage, the property should be equally divided.

Marriage changes everything including the property relationship. Here are the basic rules on the effect of marriage to property relationship:

-the spouse cannot sell, donate, lease, mortgage or exchnage properties to each other;
-in the case of pre-nuptial agreement where the spouses' properties are separated, either spouse is not allowed to donate more than one-fifth of this or her property to the other spouse;
-when a property is donated, given or inherited via gratuitous act to either spouse within their marriage, the receiving spouse reserves the right to own the property exclusively.
-if there was a pre-nuptial agreement, the terms and conditions within that pre-nuptial agreement shall apply;
-special cases such as local customs and traditions, may also be applied.

Conjugal Property

-when property is acquire before the husband got married, the property shall be exclusively his;
-when property is acquired before the wife got married, the property will be exclusively hers;
-marriage joins exclusive properties as part of one estate within the conjugal property and the fruits of those properties shall be shared between the husband and wife for the duration of their marriage;
-in the event the husband and wife file for divorce, annulment or legal separation, the husband's exclusive property, acquired before the marriage and all its fruits shall not be included in the conjugal property and will be exclusively owned by him; the same theory applies to the exclusive property of the wife;
-when the spouses filed for separation of properties in court, the properties that the husband and the wife acquired during their marriage will be considered part of their conjugal property and this will be split in half between the wife and the husband.

Absolute Community Of Property

-when all properties are acquired by the spouses before their marriage and all properties acquired during their marriage, it will be considered as part of one whole estate of the absolute community of property, which is owned by both parties;
-when all properties are inherited, donated or given gratuitously to either of the spouse before their marriage shall be considered as part of the absolute community of property upon marriage, and shall be owned by both parties;
-in the event of divorce, annulment or legal separation, the regime of absolute community of property shall not be affected and will remain owned by both spouses, unless the spouses have filed for judicial separate of properties;
-in case the spouses filed Judicial Separation of Properties, the properties within the Absolute Community of Properties shall be split between the husband and the wife.

You might have already suspected your wife having an extra-marital affair but without meeting the elements of adultery and not presenting any tangible evidence will render accusations useless. As defined under Article 333 of the Revised Penal Code, “Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man, who has carnal knowledge of her knowing her to be married, even is the marriage be subsequently declared void.”

The Elements of Adultery

1. The woman is married;
2. The woman had sexual intercourse with a man not her husband;
3. The man she had sexual intercourse is aware that she is married.

The Crime of Adultery Can Be Filed If:

1. The married woman engages in sexual intercourse with a man not her husband;
2. The man is aware of the marriage of the woman, but still engages in sexual intercourse with her.

The offended spouse should be the one to file a case of adultery against the offending spouse. Unlike the criminal offenses of rape acts of lasciviousness, seduction and abduction, no one else can file a case of adultery on behalf of the offended spouse.

In adultery, proof of sexual intercourse is enough to file a case against the wife and her lover. If proven guilty, the woman may face imprisonment from 2 years, 4 months and 1 day to 6 years. However, if the crime was committed due to the abandonment by the offended spouse, the offending parties will face imprisonment from 6 months and 1 day to 2 years and 4 months. If the husband chooses to pardon his wife, the offending party will be absolved of the crime of adultery and the offended party can no longer charge her.

To grant pardon to the offending party, the pardon should come before the institution of the criminal prosecution and both offenders must be pardoned and not just the wife.

" Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed."

Getting married in the Philippines need not be complicated if you know the basic requirements and procedures. Whether it is a civil or church wedding, you need to make ample preparations so your wedding goes as planned. Applying for a marriage license is the first step you need to take as this is the most important document for civil or church wedding. The purpose of a marriage license is to verify your eligibility for marriage.  As much as possible, you should prepare both original and photocopy of the document.

You can claim your marriage license once you have completed the requirements. You will need to present the Certificates of Attendant to the LCR office where you have applied for your license. It is recommended that you file the registration within 15 days from the date of wedding celebration. The license will be released after 10 days from the date of application. The license will be considered valid for 120 days from the date of issue.

Requirements for securing a marriage license:

•    Community Tax Certificate (Cedula)
•    Application Form
•    NSO Authenticated birth certificate
•    Certificate of No Marriage
•    Recent 1x1 Photo
•    Affidavit of parental advice ( for groom or bride 22-25 years old )
•    Affidavit of parental consent (for groom or bride 18-21 years old)

Death certificate of the deceased spouse will be required from a widow or widower, while a certificate of legal capacity issued by the embassy will be required from a foreigner or an applicant who is not a Filipino citizen.

The marriage contract or license can be obtained from the Local Civil Registrar (LCR) office of the Municipal’s Office where the wedding will be held. The application form must be filled out with the necessary information. There are sections intended for groom and bride and after filling out the form, be sure to check the information before submitting the paper. You will be asked to attend seminars before getting married. These seminars are pre-marriage counselling and family planning and responsible parenthood seminar.  Both parties must attend the seminars.

Church wedding requirements:

•    marriage license,
•    baptismal and confirmation certificates
•    copy of NSO birth certificate
•    marriage preparation seminar
•    canonical interview
•    marriage banns
•     list of principal sponsors and entourage members
•     Confession

Civil wedding requirements:

•    Certified true copy of baptismal certificate or birth certificate of both parties
•    Marriage license
•    Community tax certificates
•    1 x 1 photo of each applicant
•    Certificate of attendance to a wedding seminar
•    Letter of intent to marry

Additional information about marriage can be found in Family Code of the Philippines:

“Art. 2. No marriage shall be valid, unless 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. (53a)

Art. 3. The formal requisites of marriage 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.

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Art. 5. 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.

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be 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 shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

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

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.”