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Family Code EO 209

Background
Under former President Corazon C. Aquino on July 6, l987 Executive
Order No. 209 was signed into law and is currently the present Family Code
of the Philippines. It took effect on August 3, l988, one year after its
publication. The Family Code grants spouses equal rights, gives dual
authority to parents in the family and provides for special protection for
children in case either parent remarries. Filipinos having strong Catholic
background and reverence for family life discouraged the implementation of
divorce laws in the Philippines. Today it is not technically called divorce but
instead it is termed as legal separation or annulment therefore, making
divorce unavailable for Filipinos. This law provides clear guidelines on each
spouse’s responsibility regarding marriage, property, authority and
annulment.
Summary of Titles
Marriage
Marriage is a special contract between a man and a woman. Its
requirements include that both parties, man and woman, are of legal age or
18 and have given their consent freely. If the couple is between the ages of
18-21 y/o, they are required to obtain consent from their respective parents.
However, if they are between the ages of 21-25, they have to practice the
tradition of “pamanhikan” by seeking the blessing of their parents upon the
marriage. Some marriages like having an under age spouse, not authorize
officiate, no marriage license, polygamous, mistaken identity, and
subsequent marriages are considered void.
Legal separation
The bonds of matrimony are not dissolved in legal separations or
annulments unlike divorce wherein there is total split of the couple. There are
only certain situations wherein legal separation is declared like cases of
domestic abuse, prostitution, imprisonment, drug or alcohol addiction,
homosexuality, polygamy, sexual infidelity, attempt to kill spouse, and
abandonment. Petitions for this can also be denied specially if the party
concerned condoned, consented or connived with the other spouse in the
grounds of legal separation of the marriage.
Rights and Obligations between husband and wife
Article 68 of the Family Code states that, “the husband and wife are
obliged to live together, observe mutual love, respect and fidelity, and
render mutual help and support.” They are jointly responsible for the support
of the family and maintenance of the household.
Property relations between husband and wife
Under Article 91 of the Family Code, “unless otherwise provided in this
Chapter or in the marriage settlements, the community property shall consist
of all the property owned by the spouses at the time of the celebration of the
marriage or acquired thereafter.” Conjugal properties are all property

” The parents have the obligation to support their children. Family Article 149 defines family. dwelling. It goes to show that the Filipino children have a right to be supported even beyond the age of majority. Children borne out of artificial insemination are likewise considered legitimate. as “being the foundation of the nation. Paternity and filiation Filiation of children may be by nature or adoption. If the future spouses failed to choose the system of complete separation of properties. registered in the name of one or both spouses. trade or vocation. Support Under Article 194. The law also protects the legitimacy of children against the whims of their mother or maliciousness of parents against each other when it provided under Article 167. Parental authority Parental authority includes “the caring for and rearing of such children for civic consciousness and efficiency and the development of their moral. clothing. People like ex-convicts who have been convicted with moral turpitude and alien or foreigner. and even livestock.” The parents are also responsible for any injuries of their children if it was caused by an act of omission. Adoption Adopted children acquire the all the rights. unless there is a judicial order to the contrary.” Parents exercise joint parental authority over their minor children. only minors may be adopted and the adopter must be at least 16 years older than the person being adopted. medical attendance. Legitimate children have the right to use the surname of the father and the mother. Natural filiation may be legitimate or illegitimate. or finish their education or training for a profession. is a basic social institution which public policy cherishes and protects”. in keeping with the financial capacity of the family. These include joint accounts. and brothers and sisters. . parents and children. it says that support “compromises everything indispensable for sustenance. it is still possible for them to be governed by this rule during their marriage by going to court for a judicial order. 18 years old. properties obtained through work or industry by both spouses. Article 220 states the different rights and obligations of the parents like their right to demand respect and obedience of their children. Under Article 183.acquired during the marriage. Adoption has civil purposes because the adopted shall be able to bear the adopter’s surname and the adopter will have the rights and obligations to the adopted. mental and physical character and well-being. Parents are obliged to support their children until they reach the age of majority. In case of disagreement. The family home is first in line granted to the immediate family and if not then given to the next of kin. obligations and status of legitimate children. “the father’s decision shall prevail. education and transportation. Family relations include husband and wife.