Falcis III vs Civil Registrar General

G.R. No. 217910 September 3, 2019

Facts: 

On May 18, 2015, Jesus Nicardo M. Falcis III (Falcis) filed pro se before this Court
a Petition for Certiorari and Prohibition under Rule 65 of the 1997 Rules of Civil
Procedure. His Petition sought to “declare article 1 and 2 of the Family Code as
unconstitutional and, as a consequence, nullify Articles 46(4) and 55(6) of the
Family Code.”

The high court was asked about the constitutionality of the provision of
the Family Code of the Philippines defining marriage as "between a man and a
woman".

Falcis claims that Art 1 and 2 of FC deny the existence of individuals belonging to
religious denominations that believe in same-sex marriage and that they have a
right to found a family accordance with their religious convictions.

Issues: 

Marriage is a legally-binding relationship that unites two (2) individuals, marriage becomes
an "enabling constraint" that imposes certain duties on married couples and even limitations
on their actions. What are the certain limitations on the property relations between
spouses. 

Held: 

The law imposes certain limitations on the property relations between spouses.
For instance, the Family Code prescribes that in the absence of any
settlement between the spouses, their properties shall be governed by the
regime of absolute community of property. (art 74, FC)

Under this regime, each spouse is considered a co-owner of all the properties
they brought into the marriage, as well as those properties they will acquire after
marriage, regardless of their actual contribution.

The spouses may also choose a system of conjugal partnership of gains as

their property regime. Under this, "the husband and wife place in a common
fund the proceeds, products, fruits and income from their separate properties
and those acquired by either or both spouses through their efforts or by
chance[. ]"

The spouses may also decide on a separation of property during the marriage,
subject to a judicial order. Should the spouses choose this property regime, they
may, in their individual capacity, dispose of their own properties even without
the consent of the other.However, despite the separation, the law mandates that
the income of the spouses shall account for the family expenses.