Family Law in Philippines
Family law in the Philippines is primarily governed by the Family Code of the Philippines (Executive Order No. 209, 1987), which covers marriage, divorce (through annulment and legal separation), child custody, inheritance, domestic violence, and other family-related issues. The Philippines has a civil law system and is influenced by Roman law, with strong ties to Catholic teachings (as the country is predominantly Catholic).
Here’s an overview of family law in the Philippines:
1. Marriage
Legal Requirements for Marriage
The minimum age for marriage in the Philippines is 18 years for both men and women. However, individuals under 21 years of age must obtain parental consent (for those aged 18 to 20) and court approval (for those aged 20 to 21) to marry.
Marriages must be solemnized by a duly authorized person (e.g., a priest, judge, or mayor) and should be civilly registered.
Civil marriage is the legal norm in the Philippines, but religious ceremonies are often performed in addition to the civil one. A religious marriage, however, is not legally valid without civil registration.
The Philippines does not allow same-sex marriage. Only opposite-sex couples are legally permitted to marry.
Marriage Contracts
The Marriage License is required before a marriage ceremony can take place. The couple must apply for the license at the local civil registrar’s office.
Prenuptial agreements can be executed before marriage, and they typically govern the property regime of the couple.
2. Divorce and Annulment
Divorce
The Philippines is the only country (except for the Vatican City) where divorce is not available to married couples. However, divorce is allowed for Muslims under certain circumstances as per the Code of Muslim Personal Laws.
While there is no general divorce law, the law allows for the annulment of marriage, and legal separation is available.
Annulment of Marriage
Annulment is a legal process that declares a marriage voidable because it lacked certain requirements or was obtained under fraud, coercion, or other conditions specified in the Family Code.
Grounds for annulment include:
Lack of parental consent (if the person is between the ages of 18 and 21).
Psychological incapacity of either spouse.
Fraud or force used in the marriage contract.
Mental illness that was present at the time of marriage.
Impotence or incestuous relationships.
Legal Separation
Legal separation is distinct from annulment. It does not dissolve the marriage, but it allows the couple to live separately and resolve issues such as custody and property division.
Grounds for legal separation include:
Adultery (for the wife) or concubinage (for the husband).
Physical abuse or violence.
Alcoholism or drug addiction that causes harm to the spouse or family.
3. Property Regime
The Family Code outlines two main property regimes that married couples can choose from:
Absolute Community of Property (ACP): All property acquired during the marriage belongs to both spouses, and they share equal ownership. This is the default property regime if the couple does not sign a prenuptial agreement.
Conjugal Partnership of Gains (CPG): Property acquired during the marriage is divided between the spouses, but property owned before the marriage or acquired through inheritance is not part of the community property.
4. Child Custody and Support
Custody
The best interests of the child are the paramount consideration in child custody cases.
Joint custody is encouraged, allowing both parents to maintain their roles in the child’s upbringing. However, one parent may be awarded sole custody if it is in the child’s best interests, especially in cases of abuse or neglect.
In cases of separation or annulment, the mother is generally preferred for custody of children below 7 years old, unless proven otherwise. However, shared custody arrangements are possible.
Child Support
Parents are legally required to provide financial support for their children until they reach majority (18 years old) or complete their education (whichever comes later).
Support can include living expenses, schooling, medical care, and other needs.
A child support order may be enforced by the court if one parent fails to provide for the child’s needs.
5. Inheritance and Succession
The Philippine Civil Code governs inheritance laws, and the Family Code provides rules for the inheritance of property between spouses, children, and other relatives.
Forced heirship provisions ensure that a portion of the estate is reserved for the spouse, children, and legitimate descendants, even if the decedent made a will.
Testate succession occurs when the decedent leaves behind a valid will, and intestate succession applies when there is no will.
Rules for Inheritance
A surviving spouse and children (whether legitimate or illegitimate) have legal rights to the deceased’s estate.
If a person dies without a will, the estate will be divided equally between the surviving spouse and children.
Illegitimate children are entitled to a share of the inheritance, but less than that of legitimate children.
6. Domestic Violence and Protection Orders
Domestic violence is taken seriously in the Philippines, and there are laws in place to protect victims.
The Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262) provides legal protection for victims of domestic violence, including physical, emotional, sexual, and economic abuse.
Victims can seek a protection order from the courts, which may include:
Temporary or permanent protection orders.
Eviction of the abuser from the home.
Child custody orders to ensure the safety of the children.
The law also offers support services for victims, including counseling and shelters.
7. Adoption
Adoption in the Philippines is governed by Republic Act No. 8552 (The Domestic Adoption Act of 1998), and the Inter-Country Adoption Act of 1995 regulates international adoptions.
Adoption is a legal process where an individual or couple assumes full parental rights and responsibilities for a child. The child is treated as their legitimate child.
Adopting parents must meet certain eligibility criteria, such as being at least 16 years older than the child, being married for at least 5 years (for married couples), and having the financial and emotional capacity to provide for the child’s well-being.
The Department of Social Welfare and Development (DSWD) plays a central role in facilitating the adoption process.
8. Surrogacy and Assisted Reproduction
Surrogacy is not legal in the Philippines. There are no laws recognizing or regulating surrogate motherhood.
Assisted reproductive technologies (ART) like in vitro fertilization (IVF) are available, but their legal status is unclear in some respects, particularly in relation to parental rights and donor anonymity.
Egg or sperm donation is allowed, but anonymity may not be guaranteed in the same way as in other jurisdictions.
9. Same-Sex Relationships
Same-sex marriage is not legally recognized in the Philippines.
Civil unions or domestic partnerships are also not provided under the law.
However, same-sex relationships are not criminalized, and individuals have the right to live together, though they lack the legal protections and benefits afforded to opposite-sex couples.
Conclusion
Family law in the Philippines is influenced by both civil law and Catholic values. The law provides for marriage, divorce (in the form of annulment and legal separation), child custody, inheritance, and protection against domestic violence. While the legal system emphasizes the best interests of the child and spouse protection, there are certain gaps in the law, particularly in areas such as surrogacy, same-sex relationships, and assisted reproduction.
RELATED Blog
0 comments