The Family Code of the Philippines (Executive Order No. 209) came into effect in 1988 as the fundamental law governing individuals and their family relationships, such as marriages, legal separations and conjugal property relations. Its provisions include marriage laws, legal separation laws and conjugal property relations as well as many others.
According to some, applying Paragraph 2 of Article 26 would be both arbitrary and unfair to Filipinos in mixed marriages.
Marriage
Marriage is an inviolate social institution that forms the cornerstone of conjugal and family life, its nature, consequences, and incidents are not subject to negotiation; only property rights may be adjusted through marriage settlement agreements.
Statutory construction recognizes a long-held principle: interpretation should focus on the purposes and objects of each law rather than its potential effect on other laws or on rights or obligations acquired prior to implementation of that particular statute. This principle has been upheld both in the Constitution as well as by numerous Supreme Court decisions.
Filing for custody of children in the Philippines can be an intensive and complicated process. To make things simpler and smoother, it’s advisable to seek assistance from an experienced family lawyer who will guide you through all legalities, paperwork and hearings while providing valuable insight into Philippine child custody laws.
Separation
Legal separation can provide an alternative to divorce for couples experiencing irreconcilable differences within their relationships. In the Philippines, filing for legal separation may be done for various reasons including incompatibility, domestic abuse and financial issues; however there are certain requirements which must be fulfilled to obtain this form of resolution.
The Court ruled that Candelario’s petition cannot be declared null ab initio on grounds of psychological incapacity since the Family Code did not yet exist when his marriage took place on June 11, 1984. Furthermore, they concluded that Article 36 does not apply as grounds for nullity require all essential prerequisites of marriage to be present for nullification to take place under its provisions.
Family is an institution which must be upheld under law; therefore its nature, consequences and incidents cannot be stipulated for or altered without being in accordance with its provisions. Property rights may be determined in a marriage settlement as long as these do not prejudice or impair either spouse’s vested rights as provided for in this Code.
Divorce
There have been multiple bills introduced into the Philippine Congress in an attempt to legalize divorce, yet none has been approved. There is growing consensus that measures must be adopted that allow people to end irreparable marriages while upholding society values and religious beliefs as well as individual needs; for instance, without such laws many spouses are locked into abusive relationships with deadbeat husbands or cheating lovers who break promises and engage in illicit sexual encounters with multiple partners at a time.
The Family Code’s authors were well aware that many Filipinos cohabit without marriage due to poverty; ultimately, they decided to include a provision that allows any offspring born of unmarried cohabitation to be considered legitimate; this shows their understanding and pragmatism when crafting this law. Furthermore, this provision protects victims of domestic abuse as it stipulates that foreign divorce decrees issued against Filipino spouses will still be valid within their borders.
Adoption
Adoption under the Philippine Family Code is a legally mandated process requiring court proceedings. The Family Code covers individuals and family relations including marriages, legal separations, conjugal property relations rules regulating filiation arrangements and child adoption procedures.
The Philippine Domestic Adoption Act of 1998, known as RA 8552, sets forth rules and policies regarding domestic adoption of Filipino children. Only minors can be adopted through this legislation; additionally, no relatives within four degrees of consanguinity (such as brothers/sisters/nieces/nephews or grandnieces/grandnephews) can be adopted within its scope.
Philippine adoption processes typically take 12-24 months from start to finish, depending on ICAB approval of their child and travel arrangements. Once in country, prospective adoptive parents meet their child at an adoption agency meeting; during which assistance such as transportation, accommodation and meals will be provided as necessary.
