Family Code

Question 1

EO no. Family Code of the Philippines

Answer 1

EO 209

Question 2

Effectivity date of EO 209

Answer 2

August 3, 1988

Question 3

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

Answer 3

Marriage

Question 4

Essential Requisites of Marriage:

Answer 4

1. Legal capacity of the contracting parties, who must be a male and a female; Eighteen (18) years old or above; and not
   under any impediment mentioned by law .
2. Consent freely given in the presence of a solemnizing
   officer.

Question 5

Formal Requisites of Marriage:

Answer 5

1. Authority of the Solemnizing Officer
2. Valid Marriage License; and
3. Marriage ceremony where the contracting parties appear before the solemnizing officer and personally declare that
   they take each other as husband and wife in the presence of
   not less than 2 witnesses of legal age.

Question 6

Effects of absence of both essential and formal requisites:

Answer 6

Void ab initio marriage – in Layman’s term, a void ab initio marriage is marriage which is void from the very beginning.
Thus, it produces no legal effects.

Question 7

Effect when there is a defect on the essential requisites:

Answer 7

Voidable – valid until declared void by a competent authority

Question 8

Effect if there is an irregularity on the formal requisites:

Answer 8

Valid, but the person responsible for the irregularity shall be
civilly, administratively, and criminally liable. If the irregularity
was caused by the civil registrar, he shall also be
administratively liable

Question 9

Suppose A and B got married at the age of 16. They got 3 children during their marriage. Are their children legitimate?

Answer 9

No. Their marriage is void.

Question 10

marriage which is not valid from its
inception

Answer 10

Void marriage

Question 11

Kinds of void marriage:

Answer 11

1. Absence of essential requisites
2. Psychological incapacity
3. Incestuous marriage
4. Contrary to public policy…
5. Void subsequent marriages

Question 12

Can stepbrother and stepsister be married?

Answer 12

Yes. The following can now marry each other:
* brother – in – law ad sister-in-law
* stepbrother and stepsister
* guardian and war

Question 13

It
refers to a personal condition that prevents a spouse to comply with
fundamental marital obligations only in relation to a specific partner
that may exist at the time of the marriage but may have revealed through
behavior subsequent to the ceremonies.

Answer 13

Psychological Incapacity

Question 14

Effects of declaration of nullity of marriage

Answer 14

1. Termination of marital bonds as if it never existed;
2. The children are deemed illegitimate, except when the ground for the
   declaration of nullity is psychological incapacity or a void subsequent
   marriage under Article 53 of the FC.
3. Spouses may re-marry

Question 15

“ A marriage is voidable if there is a ________ It is considered valid and
produces all its civil effects until it is set aside by final judgment of a
competent court in an action for annulment”

Answer 15

defect in any of its essential
requisites (legal capacity and consent).

Question 16

Grounds of Annulment

Answer 16

1. Absence of consent to contract marriage from the parents,
   guardian over one or both of the parties between 18 years old
   to 21 years old;
2. Unsound mind of either party
3. Consent of either party obtained by Fraudulent means as enumerated in Art. 46 of the Family Code;
4. Vitiated consent of either party through Force, intimidation or undue influence;
5. Physical incapability of either party to consummate the marriage with the other, and such incapacity continues and
   appears to be incurable;
6. 6. Sexually transmissible disease of either party found to be serious and appears to be incurable

Question 17

Effects of Decree of Annulment

Answer 17

1. Termination of the marital bond but effects thereof are not totally wiped out;
2. Either of the former spouses may re-marry;
3. Children conceived or born before the judgment of has become final and
   executory, shall be considered legitimate.

Question 18

involves nothing more than bed- andboard separation of the spouses

Answer 18

Legal separation

Question 19

Grounds for legal separation

Answer 19

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
2. Physical violence or moral Pressure to compel petitioner to change religious or political affiliation.
3. Attempt of the 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;
4. Final judgment sentencing the respondent to imprisonment of more than
   6 years even if pardoned;
5. Habitual Alcoholism or Drug Addiction of the respondent;
6. Lesbianism or homosexuality of the respondent.
7. Contracting by respondent of a subsequent Bigamous marriage;
8. Sexual infidelity or perversion
9. Attempt by the respondent against the Life of the petitioner;
10. Abandonment of the petitioner by the respondent without justifiable
    cause for more than 1 year;

Question 20

The property regime of the spouses in the absence of a
marriage settlement or when the marriage settlement is
void.

Answer 20

Absolute community property Regime

Question 21

shall consist of all property owned
by the spouses at the time of the marriage or acquired
thereafter.

Answer 21

Community property

Question 22

formed by a husband and wife whereby they place in common fund the proceeds, products, fruits and income of their
separate properties, and those acquired by either or both spouses
through their efforts orby chance, the net gains or profits obtained
by either or both spouses to be divided between them equally (as a
general rule) upon the dissolution of the marriage or the
partnership.

Answer 22

Conjugal Partnership Gains

Question 23

Each spouse shall own, dispose of, possess, administer and enjoy
his or her own separate estate, without need of the consent of the
other. To each spouse shall belong all earnings from his or her
profession, business or industry and all fruits , natural , industrial or
civil , due or received during the marriage from his or her separate
property

Answer 23

Regime of separation of property