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Understanding Marriage Settlements & Property Regimes in the Philippines

Jul 11, 2025

Real Estate Law

Understanding Marriage Settlements & Property Regimes in the Philippines

1. What is a marriage settlement?

A marriage settlement is a written agreement executed between two parties who plan to get married, prior to the celebration of their marriage. This agreement fixes the terms and conditions that will govern their present and future property relations during the marriage. These agreements are more commonly known as “Pre-Nuptual Agreements.”

2. Are we required to have a marriage settlement before we get married?

No, it is not mandatory that couples planning to get married should execute a marriage settlement. In the absence of a marriage settlement, or when the property regime agreed upon is void, the system of Absolute Community of Property as established under the Family Code shall govern (Article 75 of the Family Code of the Philippines).

3. What is a property regime?

It refers to the set of rules agreed upon by the parties to a marriage which govern their property relations during marriage. Our Family Code provides three (3) different types property regimes:

(1) Absolute Community of Property;

(2) Conjugal Partnership of Gains;

(3) Complete Separation of Properties.

Nevertheless, the future spouses may customize their property regime to suit their preferences, provided that the provisions are not contrary to law.

4. What are the differences between the three property regimes?

In Absolute Community of Property, the husband and the wife become co-owners of all the properties that they bring into the marriage and those acquired by either or both of them during the duration of their marriage, save for some exceptions (Article 90, Family Code).

In Conjugal Partnership of Gains, the husband and wife retain ownership over their respective properties acquired prior to their marriage. The parties then 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 during their marriage. Upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements (Article 106, Family Code).

In Complete Separation of Properties, 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 (Article 145, Family Code of the Philippines). The parties may choose to have this property regime cover their present, future, or all of their property in general. It may, at their discretion, pertain to their property as a whole or partially. In the latter case, the properties not agreed upon as separate shall pertain to the absolute community (Article 144, Family Code).

5. What property regime will govern our marriage?

The property regime that will govern your marriage depends on whether or not you and your spouse choose to execute a marriage settlement prior to the celebration of your marriage. Should both of you decide to enter into a particular form of marriage settlement, then such shall govern. However, if no marriage settlement is adopted or when the marriage settlement is void and the marriage was celebrated under the auspices of the Family Code, or after August 03,1988, the Absolute Community of Property regime will automatically apply.

However, for marriages that were celebrated prior to August 03, 1988, or during the effectivity of the provisions pertaining to property relations found in the New Civil Code, the then-prevailing property regime applicable in the absence of a marriage settlement or in case the one executed by the parties was deemed void, was the system of Conjugal Partnership of Gains.

Note that Complete Separation of Property is never presumed at the onset. To avail of this particular property regime, it must be specifically provided for in the marriage settlement, or there must be a judicial decree ordering such Complete Separation of Property. Instances when a judicial decree may be issued to this effect include marriages where one or both of the parties were parties to prior marriages that were dissolved due to the death of one spouse, and the surviving spouse failed to comply with the requirements under Article 103 of the Family Code. Another instance is where parties voluntarily file for the dissolution of their property regime before the court.

6. Must a marriage settlement be in writing?

Yes, a marriage settlement must be in writing to be enforceable. Oral agreements regarding the future property regime fail to comply with the provisions of Article 77 of the Family Code of the Philippines. For a marriage settlement to be enforceable --

a. It must be in writing;

b. It must be signed by both parties;

c. It must be made before the celebration of the marriage;

d. It must generally confine itself to property relations;

e. It must be duly registered in the civil registry and registry of property in order to bind third persons;

f. The marriage must be celebrated (Article 77, Family Code of the Philippines); and

g. If made by minors, their parents must consent by signing also; if by other incompetents, such as those under civil interdiction, the guardian must consent and also sign (Articles 78 and 79, Family Code).

7. Is a marriage settlement executed after the celebration of the marriage valid?

A marriage settlement must be executed before the celebration of marriage to be binding and enforceable (Article 77, Family Code).

8. My husband and I executed a pre-nuptial agreement before our wedding but we never registered the same with any government agency. Is it still valid?

As between the you and your husband, it is valid, since the marriage settlement takes the nature of a contract. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith (Article 1159, New Civil Code of the Philippines). However, your marriage settlement shall not bind third persons unless it is registered in the local civil registry where your marriage is recorded as well as in the proper registries of properties (Article 77, Family Code).

9. What if my husband and I decide to change certain terms in our marriage settlement after our marriage, is this allowed?

As a general rule, modifications made after the celebration of the marriage are void (Article 76, Family Code). However, the Family Code enumerates instances when modifications made after the marriage may be allowed, to wit:

(a) When the legal separation proceedings, if still pending, are terminated by reason of the reconciliation of the spouses; (Article 66[1], Family Code)

(b) When the final decree of legal separation is set aside by reason of the reconciliation of the spouses; (Article 66[2], Family Code)

(c) When the spouses who were legally separated reconciled and agreed to revive their former property regime; (Article 67, Family Code);

(d) If the aggrieved spouse petitions the court for sole administratorship of the conjugal partnership in case of abandonment by the other spouse or failure to comply with his or her obligations to the family; (Article 128, Family Code);

(e) When there was judicial separation of property under Article 135; or

(f) When the spouses jointly file a petition for the voluntary dissolution of their property regime; (Article 136, Family Code).

10. My fiancé and I executed a marriage settlement, but our marriage did not push through. What will happen to the marriage settlement agreed upon by us?

The marriage settlement would be rendered void. However, if there are provisions or stipulations in the marriage settlement that are independent of the celebration of the marriage, those stipulations may remain valid.

11. My fiancé was imprisoned and one of penalties the court imposed on him is civil interdiction. Can we still execute a marriage settlement?

Yes. The Family Code allows a person upon whom a sentence of civil interdiction has been pronounced to execute a marriage settlement, provided that a guardian appointed by a competent court shall be made a party to such agreement (Article 79, Family Code).

12. If we did not execute any marriage settlement before our marriage, may we still change our property relations during our marriage?

No, any modification to the marriage settlement must be made before the celebration of the marriage, for the modifications and changes to be valid. (Article 76 of the Family Code of the Philippines) However, you may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains, and for the separation of your common properties during their marriage (Article 136 of the Family Code).

13. I married my husband, an American, and we executed a pre-nuptial agreement. Would the pre-nuptial agreement be binding in the Philippines, despite the fact both the marriage and the marriage settlement was celebrated/executed in the United States?

Yes, the pre-nuptial agreement between you and your husband would be valid, unless there are provisions which are contrary to our country's public policy. The property relations of the spouses shall be governed by Philippine laws, in the absence of any contrary stipulations in the marriage settlement, regardless of the place of the celebration of the marriage and the residence of the spouses (Article 80 of the Family Code).

14. If my present partner and I are unmarried, what property regime governs our relationship?

The regime is that of co-ownership. When parties who are capacitated to contract marriage live together as man and wife without the benefit of marriage or under a void marriage, they are deemed as co-owners in equal share of their wages, salaries and properties (Article 147, Family Code).

15. Are we allowed to revive the property regime that was subsisting during our marriage, despite the fact that we had been legally separated?

Yes. You can revive the property regime that was in existence during your marriage as an exception to the rule that modifications to the marriage settlements must only be made before the celebration of the marriage. To be more specific, Article 76 of the Family Code allows spouses who were legally separated but later on, reconciled and agreed to revive their former property regime, to modify their marriage settlements. However, the spouses may also elect for complete separation of properties.

16. My girlfriend and I have been living together as husband and wife without the benefit of marriage. Does she have a share in the properties I acquired despite the fact that I am the only one working?

Yes. In the absence of proof to the contrary, properties acquired while parties who are capacitated to contract marriage live together as man and wife without the benefit of marriage lived together, shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. Any property acquired during their union is prima facie presumed to have been obtained through their joint efforts. A party who did not participate in the acquisition of the property shall be considered as having contributed thereto jointly if said party’s “efforts consisted in the care and maintenance of the family household.” Unlike the conjugal partnership of gains, the fruits of the couple’s separate property are not included in the co-ownership. (Valdez v. RTC, Branch 102, Quezon City, G.R. No. 122749, July 31, 1996). Your girlfriend’s acts of taking care of the house and attending to your household needs, if such is the case, may be considered as her contribution.

17. What if I only recently learned that my marriage to my husband was void but he knew all along that our marriage was void. What will happen to our properties?

The share of the party who is in bad faith in the property regime shall be forfeited in favor of their common children. However, if the union produced no children or if the common children or their descendants waive their right to their respective share, the properties shall belong to you, the innocent spouse (Article 147, Family Code).

18. My girlfriend is married to another man but they have since separated and we have been living together as man and wife for several years. What governs our property relation?

You and your girlfriend are deemed co-owners of the properties acquired through your "actual" joint contribution of money, property, or industry in proportion to your respective contributions. Absent any proof of actual contributions, the contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidence of credit. However, since your girlfriend is validly married to another, her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in her valid marriage. (Article 148, Family Code).

19. My husband and I acquired a house in 1990. I discovered three years later that he sold the house to another person without asking for my permission. Since the house is considered part of our community property, is the transaction void?

Yes, the sale of the house is void. The transaction occurred when the Family Code was already the governing law as regards property relations between spouses. Specifically, Articles 96 and 124 of the Family Code provide that administration and enjoyment of the community property or the conjugal property, as the case may be, shall belong to both spouses jointly. This aligns with the recognition of the State’s obligation to ensure the fundamental equality of women and men before the law (Sections 2 and 5, Republic Act 7192, otherwise known as “Women in Development and Nation Building Act”). The Family Code further states that alienations or encumbrances of the community property or conjugal property without the consent of the other spouse are null and void. However, the special nature of these void transactions can become binding contracts upon the acceptance by the other spouse or upon authorization by the court before the continuing offers are withdrawn by either or both spouses (Cuenco vs. Spouses Bautista, G.R. No. 246445, 30 June 2021).

20. My husband and I bought a residential lot in 1961. I later found out that, sometime in 1963, he sold the lot to another person without asking for my consent. Since the lot is considered part of our conjugal property, is the transaction void?

No, the sale of the lot is merely voidable, i.e., valid until annulled. Since the sale was contracted in 1963, before the effectivity of the Family Code, Articles 165 and 166 in relation to Article 173 of the Civil Code apply. The aforementioned provisions state that even though the husband is the administrator of the conjugal partnership, he cannot alienate or encumber any real property that belongs to the conjugal partnership without the wife’s consent. If he alienates or encumbers such property, the wife may, during the marriage and within ten (10) years from the transaction in question, ask the courts for the annulment of the contract that her husband entered without her consent. The Supreme Court, in the recent case of Spouses Cuenco vs. Spouses Bautista (G.R. No. 246445, 30 June 2021), ruled the transaction as merely voidable and not void. The Court concluded that a sale that fails to comply with Article 166 of the New Civil Code is not void, but merely voidable in accordance with Article 173 of the Civil Code.

The Complete Guide to DSWD Travel Clearance for Minors

Jul 11, 2025

Family Law

The Complete Guide to DSWD Travel Clearance for Minors

1. What is a DSWD Travel Clearance?

A DSWD Travel Clearance is a document issued by the Department of Social Welfare and Development (DSWD) to a Filipino child age below 18 years of age, regardless of civil status, leaving the Philippines alone or with someone other than his or her parents. This is one of the safeguards provided by law to Filipino children, to curb the occurrence of the human trafficking, which remains as a primary threat to the safety and vulnerability of our youth.

2. Who is considered a minor?

A minor, also referred to as a “child,” refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental disability or condition (Section 3[a], Republic Act 7610).

3. Who is required to secure a Travel Clearance?

The following minors must secure a travel clearance:

(1) Filipino minors who are traveling alone using a Philippine Passport for travel outside the Philippines;

(2) Filipino minors travelling with prospective adoptive parent/s for purposes of inter-country adoption;

(3) Filipino minors travelling with a person other than his/her parent/s, legal guardian or person exercising parental authority/legal custody over him/her;

(4) Filipino minors who are illegitimate and is travelling with his/her biological father; and

4. Who are the minors that need not secure a Travel Clearance?

The following are the minors who are not required to secure a Travel Clearance:

(1) A minor accompanied by the following:

(a) Either or both of the minor’s parents, if the minor is legitimate;

(b) The minor’s biological mother, if the minor is illegitimate;

(c) The minor’s father who has been granted sole parental authority or custody by the proper court, if the minor is illegitimate;

(d) The minor’s legal guardian;

(e) The person, including one of the minor’s parents, who was granted sole parental authority or legal custody by the proper court, in which case the court decision should specifically include a statement to this effect, i.e., naming the person to whom sole parental authority of legal custody over the minor has been granted;

(f) Minor’s adoptive parents with adoption decree & Certificate of Finality.

(2) A minor who is an immigrant or a permanent resident abroad, with foreign passport, or whose parents are in the foreign service holding diplomatic/official passport such as Ambassador/General Consul/Consul/Attaches, provided he/she is holding a valid passport and a visa such as a dependent visa/identification card which serves as proof that the travel does not constitute child trafficking (Admin. Order No. 12, 2017).

(3) A minor who is not a Philippine citizen, and is holding a foreign passport.

5. Who may apply for Travel Clearance?

The following persons are allowed to file an application for Travel Clearance:

(1) The minor’s parent/s or legal guardian;

(2) The minor who is at least thirteen (13) years of age;

(3) The minor’s travelling companion; and

(4) A duly authorized representative of the parent/s within the 4th degree of consanguinity or affinity, legal guardian supported by an authorization letter with a valid I.D. (Admin. Order No. 12, 2017).

6. Where do you file an application for Travel Clearance?

The application for travel clearance, together with the supporting documents required shall be submitted to the Department of Social Welfare and Development (“DSWD”) Regional Office that has jurisdiction over the minor’s residence (Admin. Order No. 12, 2017).

7. What are the requirements for the issuance of a DSWD Travel Clearance?

(1) For minor/s travelling alone to a foreign country for the first time:

(a) Duly accomplished Application Form;

(b) An assessment Report from the Local Social Welfare and Development Office (LSWDO) or SWOII of the Social Welfare and Development (SWAD) Team when necessary;

(c) The birth certificate of the minor on security paper (SECPA) from Philippine Statistics Authority (“PSA”) and a photocopy of the minor’s passport;

(d) A certified true copy of the marriage certificate on security paper (SECPA) of the minor’s parents, or the Court Decision regarding Legal Guardianship of the minor, or tallaq or fasakh certification from the Shariah Court or any Muslim Barangay or Religious leader;

(e) In the case of illegitimate minor, a certificate of no marriage (CENOMAR) of the minor’s mother from the Philippine Statistics Authority (PSA) on Security paper (SECPA);

(f) A notarized (notarized at the place of residence) affidavit or written consent of parents, the solo parent and the legal guardian, whichever is applicable, permitting the minor to travel to a foreign country. In the absence of both parents or an appointed legal guardian, the relative’s consent in the order of preference provided under Article 216 of the Family Code of the Philippines (Executive Order No. 209 as amended) shall prevail.

In such cases, an Assessment Report by the Social Worker of the LSWDO should also be submitted with a copy of the parent/s/legal guardian’s valid identification card with specimen signature, and visa of parents if working abroad (for legitimate children, both grandparents who have the custody of the minor). For illegitimate or non-marital child, consent of maternal grandparents is required.

(g) Two (2) original colored passport size photos (white, red, or blue background) of the minor taken within the last six (6) months from the time of application. Scanned pictures are not allowed.

(h) Affidavit of Support and certified copy of any evidence to show financial capability of sponsor (parents/legal guardian or other person/agency shouldering the travel expenses):

i. Certificate of Employment

ii. Latest Income Tax Return

iii. Bank Statement, etc.

iv. Letter of invitation indicating that all expenses to be incurred shall be bourne by the sponsoring school/agency/institution.

(i) In case either or both parents of the minor are deceased, a certified true copy of the Death Certificate/s of each of the parents on security paper (SECPA);

(j) Unaccompanied Minor Certificate from the Airlines; and

(k) Waiver from the parents releasing DSWD from any liability/responsibility in case of untoward incident during the travel of the child.

(2) For travels succeeding the first by the unaccompanied minor to a foreign country:

(a) Duly accomplished application form;

(b) Notarized affidavit or written consent of both parents, the solo parent and the legal guardian, whichever is applicable, with a copy of the valid identification card with specimen signature;

(d) Two (2) original colored passport size photos (white, red or blue background) of the minor taken within the last six (6) months from the time of application. No scanned pictures will be accepted;

(e) Unaccomplished Minor Certificate from the Airlines; and

(f) Waiver the parents releasing DSWD from any liability/responsibility in case of untoward incident during the travel of the child.

(3) Minor/s travelling for the first time with a person other than the parents or legal guardian:

(a) Duly accomplished application form;

(b) Certified true copy of birth certificate of the minor (SECPA);

(c) Notarized affidavit or written consent of both parents or solo parent or legal guardian, attached with valid identification card with specimen signature;

(d) Certified true copy of marriage certificate (SECPA) of the minor’s parents or a certificate of legal guardianship, in the case of solo parent, a solo parent identification card from the LSWDO or a certification of being a solo parent (assessment report of the LSWDO as attachment), a court decree of separation, annulment or divorce, in case of illegitimate minor, a certificate of no marriage from the PSA, if applicable; in case of deceased parent, a photocopy of the death certificate;

(e) Two (2) original colored (white, red or blue background) passport size photos of minor taken within the last six (6) six months, No scanned pictures will be accepted; and

(f) Photocopy of the passport of the traveling companion.

(4) Minor/s travelling subsequently with other the parents or legal guardian:

(a) Duly accomplished application form;

(b) Original copy of the Travel Clearance previously issued by DSWD field Office.

(c) Notarized affidavit of consent from biological parent/s guardian authorizing a particular person to accompany the child in his/her travel abroad, with a copy of the valid identification card with specimen signature;

(d) Two (2) original colored (white, red or blue background) passport size photos of minor taken within the last six (6) months, No scanned pictures will be accepted;

(e) Photocopy of the passport of the travelling companion (Admin. Order No. 12, 2017).

8. What are the additional requirements for minor/s under special circumstances?

(1) For a Filipino minor migrating to another country, he or she must present a Visa petition approval.

(2) For a minor who will study abroad, he or she must present an Acceptance or Certificate of Enrollment or Registration from the school where the minor is to be enrolled.

(3) For a minor who will attend a conference, study tour, competition, Student Exchange Program, Summer Camp, Pilgrimage, World Youth Day and Other Related activities, he or she must present the following:

i. Certification from sponsoring organization;

ii. Affidavit of Undertaking of companion indicating the safety measures undertaken by the sports agency (for sports competition); and

iii. Signed invitation from the sponsoring agency/organization abroad with itinerary of travel and list of participants and duration of the activity/travel.

(4) For a minor under legal guardianship, he or she must present a certified true copy of the Court Order on Legal Guardianship.

(5) For a minor going abroad for medical purposes, he or she must present the following:

i. Medical abstract of the minor;

ii. Recommendation from attending physician that such medical procedure is not available in the country; and

iii. Written acceptance from the hospital/attending physician who shall provide treatment and services for the child.

(6) For a minor going abroad for inter-country adoption, the following must be presented:

i. Placement Authority issued by ICAB

ii. Authority to escort issued by ICAB

(7) For minor/s whose parent/s are seafarers, he or she must present the following:

i. A certification from the manning agency attesting to the parent’s employment; and

ii. Photocopy of the Seaman’s Book.

(8) For a minor under Foster Care, he or she must present the following:

i. Notarized affidavit of undertaking by the foster parents indicating purpose of travel, destination, duration of travel, and a provision stating the commitment of the foster parent on the personal appearance of the child and foster parents to the Regional Director or his/her duly authorized representative, within five (5) days upon return to the country;

ii. Notarized affidavit of consent from the Regional Director or authorized representative;

iii. Photocopy of Foster Placement Authority (original to be attached for verification);

iv. Photocopy of Foster Care License of the family (original to be attached for verification);

v. DSWD certification of child legally available for adoption (CDCLAA), except those under Kinship Care wherein their parents did not relinquish the minor for adoption; and

vi. Return ticket/s.

(9) For abandoned minors with an alleged missing parent, if parents are married, the following shall be the requirements:

i. Social Case Study Report executed by a licensed social worker of the local government unit;

ii. Blotter report from either the local police or barangay certification from the locality or the last known address of the alleged missing parent; and

iii. One (1) returned registered mail to the last known address of the alleged missing parent(s) or known relative(s) (Admin. Order No. 12, 2017).

9. Is the minor child required to personally appear before the DSWD?

No, the child is not required to personally appear before the DSWD during the application process. However, a minor may be called in for an in-depth interview with the social worker if it is deemed appropriate by the DSWD representative handling his/her case. (Admin. Order No. 12, 2017).

10. How much is the processing fee for a travel clearance issued to a minor?

The DSWD shall collect a processing fee for each travel clearance issued to minors traveling abroad under the following options:

(a) PhP300.00 with validity of one (1) year.

(b) PhP600.00 with validity of two (2) years.

This is subject to change without prior notice as may be determined by the DSWD.

11. What is the period of validity of a Travel Clearance?

A Travel Clearance is valid for either one (1) or two (2) years, depending on the period applied for, and shall be valid for multiple travels, except for minors travelling with foster parents (Memorandum Circular No. 23, 2014).

However, should there be amendments or changes in the issued/used travel clearance, amendments can be made free as long as the travel clearance is within the validity period (Admin. Order No. 12, 2017).

12. How long do we have to wait before the DSWD Travel Clearance is issued?

The travel clearance may be obtained within three (3) working days upon submission of the required documents (Admin. Order No. 12, 2017). However, the actual processing time may vary from case to case especially during this pandemic.

13. Is there a penalty for failure to secure a travel clearance for the child should he or she travel abroad without his or her parents?

Yes, the persons responsible may be imprisoned or fined. The requirement of a travel clearance for minors is in accordance with the primary objective of the law to prevent child trafficking (Admin. Order No. 12, 2017). Facilitating the travel of a child who travels alone to a foreign country without the required clearance or permit from the Department of Social Welfare and Development (DSWD), or a written permit, or justification from the child’s parent or legal guardian, is deemed as Attempted Trafficking (Section 4-A[a], R.A. 9208, as amended by R.A. 10364). An attempt to commit child trafficking is punished severely by a penalty of imprisonment of fifteen (15) years and a fine of not less than Five Hundred Thousand Pesos (P500,000.00) but not more than One Million Pesos (P1,000,000.00) (Section 10[b], R.A. 9208, as amended by 10364).

14. My 12-year-old child wants to visit his grandparents in the U.S. However, I might not be able to accompany her due to my work schedule. Would my child be allowed to travel abroad alone?

No, your child would not be allowed to travel abroad. It is prohibited for minors below thirteen (13) years of age to travel alone (Admin. Order No. 12, 2017).

15. My girlfriend and I had a child out of wedlock. My girlfriend is an OFW in Japan while I am in the Philippines taking care of our 8-year-old daughter. My daughter and I are set to go to Japan to spend the Christmas with her mother. Would I still need to secure a travel clearance for my daughter?

Yes, you would still need to secure a travel clearance for your daughter. Children conceived and born outside a valid marriage are illegitimate (Article 165, Family Code of the Philippines). Since you and your girlfriend are not yet married, your daughter is considered an illegitimate child. Under Article 176 of the Family Code, illegitimate children shall be under the parental authority of the mother. However, if the child will be travelling with the mother, a travel clearance would not be necessary. But if the minor is travelling with a person other than his/her mother, a travel clearance is required. You must also present a Certificate of No Marriage (CENOMAR) of her biological mother from the Philippine Statistics Authority (PSA) (Admin. Order No. 12, 2017).

16. My girlfriend and I had a son before we got married. After giving birth, my girlfriend left us and never returned. I want to bring my 5-year-old son to my parents who are living in New York. Would I still need to secure a travel clearance for our child?

Yes, you would still need to secure a travel clearance. A Filipino minor who is illegitimate and is travelling with his or her biological father must secure a travel clearance in order to travel abroad. In addition, you must also submit a Certificate of No Marriage (CENOMAR) of your son’s biological mother from the Philippine Statistics Authority (PSA). However, if you have been granted sole parental authority by the proper court proving, for example, that your girlfriend’s abandonment was a compelling reason to deprive her of custody over your illegitimate son, then you are no longer required to secure a travel clearance for your child. In such a case, the court decision must specifically include a statement naming you as the person to whom sole parental authority is granted (Admin. Order No. 12, 2017).

17. I am 15 years old and an orphan as both my parents died in a car accident. However, the court has not yet appointed a legal guardian for me. If I plan to go to Japan to participate in a quiz bee competition, to whom can I ask consent to be able to travel abroad?

The minor child’s paternal or maternal grandparents may give their consent to the child’s overseas travel even without securing a Court order granting them guardianship over the child. When both grandparents are deceased, the relatives or acting guardians of the minor should undergo the judicial process of obtaining legal guardianship over the minor. Otherwise, they would not be able to give their consent for the child to travel abroad alone. (Admin. Order No. 12, 2017).

18. My wife and I are in the middle of a custody battle over our fifteen-year old son before the RTC of Manila. My mother, who lives in the United States, wants to see her only grandson before she passes. My wife has refused to let our son go, and has filed a Petition for the Issuance of a Hold Departure Order, which the court has granted. Can I still get a travel clearance for my son?

Unfortunately, no. A minor who is the subject of an on-going or pending custody battle will not be issued a travel clearance unless a court order is issued, allowing him to travel with either parent. You will have to wait for the issue of custody to be resolved by the court, and will then have to petition for the delisting of the name of your son from the Bureau of Immigration’s Watchlist.

Getting Married in the Philippines: A Guide to Legal Requirements

Jul 11, 2025

Family Law

Getting Married in the Philippines: A Guide to Legal Requirements

1. What are the requisites for a valid marriage in the Philippines?

The following essential requisites must be present in order that a marriage shall be valid:

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer (Article 2, Family Code).

In addition, the following formal requisites of marriage must also be complied with:

(1) Authority of the solemnizing officer;

(2) A valid marriage license unless the marriage is of exceptional character; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age (Article 3, Family Code).

2. Who has the authority to solemnize marriages in the Philippines?

Marriage may be solemnized by:

(a) Any incumbent member of the judiciary within the court’s jurisdiction;

(b) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect;

(c) Any ship captain or airplane chief in a marriage in articulo mortis between passengers or crew members, not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call;

(d) Any military commander of a unit, to which a chaplain is assigned, in the absence of the latter, during a military operation. As a commissioned officer, the military commander may only solemnize a marriage in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians;

(e) Any consul-general, consul or vice-consul of the Republic of the Philippines in marriages between Filipino citizens abroad. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official; (Article 7, Family Code) and

(f) Duly elected mayors of cities and municipalities (Sec. 444, (b)(xviii) Chapter 3, Local Government Code)

3. Is a marriage license required?

Generally speaking, a marriage license is required. This is issued by the local civil registrar of the city or municipality where either contracting party habitually resides. However, a marriage license is not required in the following exceptional cases:

(a) Marriage in articulo mortis (Article 27, Family Code);

(b) Marriage between passengers or crew members in a ship or airplane (Article 31, Family Code);

(d) Marriage in remote and inaccessible places (Article 28, Family Code);

(e) Marriages by Muslims and ethnic cultural minorities, provided they are solemnized in accordance with their customs, rites, or practices (Article 33, Family Code) and

(f) Marriage by parties who have cohabited for at least five (5) years, without any legal impediment to marry each other (Article 34, Family Code).

4. How can I obtain a marriage license?

Where a marriage license is required, each of the contracting parties shall either file separately a sworn application for such license and fill up the appropriate application forms with the proper local civil registrar which shall specify the following:

(1) Full name of the contracting party;

(2) Place of birth;

(3) Age and date of birth;

(4) Civil status;

(5) If previously married, how, when, and where the previous marriage was dissolved or annulled;

(6) Present residence and citizenship;

(7) Degree of relationship of the contracting parties;

(8) Full name, residence, and citizenship of the father;

(9) Full name, residence, and citizenship of the mother; and

(10) Full name, residence, and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years (Article 11, Family Code).

5. What requirements do I need to apply for a marriage license?

You would need the following:

(1) Your original birth certificate or baptismal certificate of the contracting parties, or copies of such documents duly attested by the persons having custody of the original. PSA-issued birth certificates are widely accepted, though the proper civil registrar may require additional information if the PSA-issued copy has issues.

(2) If either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate, the death certificate of the deceased spouse or the judicial decree of absolute divorce, the judicial decree of annulment or the declaration of nullity of his or her previous marriage.

(3) In case either or both of the contracting parties, are between the ages of eighteen (18) and twenty-one (21), written consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned, shall be obtained.

(4) Any contracting party between the age of twenty-one and twenty-five shall be obliged to seek parental advice upon the intended marriage. If it is unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application thereof.

(5) In the case where parental consent or parental advice is needed, the parties concerned shall attach a certificate issued by proper authorities to the effect that the contracting parties have undergone marriage counseling.

(6) When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license could be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.

(7) The contracting parties must accomplish four (4) copies of the Application for Marriage License for the purpose of registration.

(Source: https://psa.gov.ph/content/registration-application-marriage-license)

6. I am a Filipino and I have been legally married with a man in the U.S. Will our marriage be recognized in the Philippines?

No, marriages between parties of the same sex are not recognized in the Philippines. Articles 1 and 2 of the Family Code of the Philippines provide a definition and spell out the basic requisites of marriage. These provisions confine marriages to involve only a male and a female. The Supreme Court upheld the ban on same-sex marriage in the country (Falcis vs. Civil Registrar General, G.R. No. 217910). Due to the current iteration of Philippine laws being confined to the heteronormative standards under which they have been drafted, we do not recognize the existence and specificities of other forms of intimacy.

7. I am a Filipino man who underwent sex reassignment to become a woman. My Filipino boyfriend and I subsequently got married in the U.S. Will our marriage be recognized in the Philippines?

No, your marriage could not be recognized in the Philippines. Articles 1 and 2 of the Family Code provide a definition and provide the prevailing requisites of marriage. These provisions confine marriages to involve only a male and a female. The words “sex”, “male”, and “female” as used in our marriage laws should be understood in their common and ordinary usage. The statutory language of the law remains unchanged and it cannot be argued that the term “sex”, as used in the context of the time when the law was drafted, is something alterable through surgery or something that allows a post-operative male-to-female transsexual to be included in the category “female” (Silverio vs. Republic of the Philippines, G.R. No. 174689, 22 October 2007). Thus, the ban on same-sex marriage in the Philippines, as upheld in the case of Falcis vs. Civil Registrar General (G.R. No. 217910, 03 September 2019) applies.

8. How long can a marriage license be used?

The marriage license shall be valid for one hundred twenty (120) days from the date of issuance. It shall be deemed automatically cancelled at the expiration of said period if the contracting parties do not use it (Article 20, Family Code). This means that the marriage must be celebrated within one hundred twenty (120) days from the issuance of the marriage license, otherwise the contracting parties will have to acquire a new marriage license upon the expiration of their current license.

9. I am in Italy and my fiancée is in the Philippines about to give birth. Can I ask my brother to stand in as proxy for me to get married so our child will be legitimate?

No, marriage by proxy is proscribed in the Philippines. Such marriage is void because of non-compliance with the formal and essential requisite of a marriage ceremony as prescribed in Articles 5 and 6 of the Family Code. Accordingly, it shall be necessary for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two (2) witnesses of legal age that they take each other as husband and wife. This act may constitute the consent freely given in the presence of the solemnizing officer.

10. I am in New York while my fiancée is in the Philippines and we are scheduled to get married tomorrow. However, my flight back to the Philippines has been delayed and I might not make it to our wedding. Can I attend my wedding through video conferencing?

No, marriage celebrated through video conferencing where either or both parties do not appear personally before the solemnizing officer, cannot be considered as valid in the Philippines. Both parties must personally appear before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife (Article 6, Family Code).

11. I am a Filipino citizen, and I got married with my American fiancée in New York City, U.S.A. Will my marriage be recognized in the Philippines?

Generally, marriages solemnized abroad in accordance with the laws in force in that country shall be valid in the Philippines (Article 26[1], Family Code of the Philippines). However, the following marriages are prohibited:

(a) Marriage where one or both parties are below eighteen (18) years of age (Article 35[1], Family Code);

(b) Bigamous or polygamous marriage (Article 35[4], Family Code);

(d) Marriages void under Article 53 (Article 35[6]);

(e) Psychological incapacity (Article 36, Family Code);

(f) Incestuous marriages (Article 37, Family Code); and

(g) Marriages that are void by reason of public policy (Article 38, Family Code).

If your marriage abroad with a foreigner falls under any of the above-enumerated exceptions, then your marriage will not be recognized in the Philippines.

Family Law

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Dissolving a Marriage in the Philippines: Nullity, Annulment, and Legal Separation

Jul 11, 2025

Family Law

Dissolving a Marriage in the Philippines: Nullity, Annulment, and Legal Separation

1. How can one legally dissolve his/her marriage in the Philippines?

A marriage may be dissolved through the filing of a Petition for Declaration of Nullity of Marriage or a Petition for Annulment of Marriage. Others may opt to file a Petition for Legal Separation, but such only entails separation from bed and board. The vinculo matrimonii, or the marital bond, is not severed in cases of Legal Separation.

2. What are the differences between and among petitions for the declaration of nullity of marriage, annulment, and legal separation?

In a Declaration of Nullity of Marriage, the marriage that is sought to be declared void ab initio or void from the beginning. Whereas in an Annulment, the marriage is considered voidable, or the marriage is valid but is susceptible of being voided pursuant to the grounds provided under the law. In both instances, the marriage of the parties is dissolved, allowing them to eventually remarry if they so desire. However, Legal Separation is only a separation from bed and board. The husband and the wife remain married to each other, and may not remarry.

3. Where should the Petition for Declaration of Nullity of Marriage, Annulment of Marriage or Legal Separation be filed?

The Petition should be filed with the Regional Trial Court acting as a Family Court of the province or city where either spouse has been residing for at least six (6) months prior to the date of filing thereof. (Sections 2(b) and 4, A.M. No. 02-11-10-SC) (Section 2(c), A.M. No. 02-11-11-SC)

4. Who may file for a Petition for declaration of Nullity of Marriage?

A Petition for Declaration of Nullity of marriage may be filed solely by the husband or the wife. (Section 2(a), A.M. No. 02-11-10-SC) However, in cases of bigamous marriages, the first spouse has the legal standing to file for the declaration of the nullity of the second marriage of his spouse. When the right of the spouse to protect his marriage is violated, that spouse is an injured party and is therefore necessarily interested in the judgment of the suit. The case of Estrellita Juliano-Llave vs. The Republic of the Philippines ruled that the prior spouse "is clearly the aggrieved party as the bigamous marriage not only threatens the financial and the property ownership aspect of the prior marriage but, most of all, it causes an emotional burden to the prior spouse." Being a real party in interest, the prior spouse is entitled to sue in order to declare a bigamous marriage void. (Fujiki v. Marinay G.R. No. 196049, 26 June 2013)

5. Does the action for declaration of nullity of a marriage prescribe?

No. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (Article 39, Family Code of the Philippines, as amended by R.A. No. 8533)

6. What are the grounds for a Judicial Declaration of Nullity of Marriage?

The grounds for filing for a Judicial Declaration of Nullity of Marriage are:

(1) Absence of any essential or formal requisites of marriage; (Article 4, Family Code)

(2) Bigamous and polygamous marriages (Article 40, Family Code);

(3) Psychologically incapacitated spouse; (Article 36, Family Code)

(4) Subsequent marriage upon reappearance of spouse; (Article 42, Family Code)

(5) Incestuous marriages; (Article 37, Family Code)

(6) Void by reasons of public policy; (Article 38, Family Code)

(7) Void subsequent marriages; (Articles 41, Family Code)

(8) Bad faith of both spouses (Article 44, Family Code); and

(9) Non-compliance with recording requirement after declaration of nullity

(Article 53, Family Code).

7. What marriages are void from the very beginning?

The following marriages are considered void from the very beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without a license, except in marriages under exceptional circumstances;

(4) Those bigamous or polygamous marriages not falling under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.

(Article 35, Family Code)

8. What marriages are considered incestuous and, for that reason, can be a ground for the declaration of nullity of marriage?

Marriages between the following are incestuous and void from the beginning, regardless if the parties' relationship is legitimate or illegitimate:

(a) Between ascendants and descendants of any degree; and

(b) Between brothers and sisters, whether of the full or half-blood.

(Article 37, Family Code)

9. What marriages are considered against public policy and, for that reason, can be a ground for declaration of nullity?

The following marriages are void from the beginning by reason of public policy:

(a) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;

(b) Between step-parents and step-children;

(d) Between the adopting parent and the adopted child;

(e) Between the surviving spouse of the adopting parent and the adopted child;

(f) Between the surviving spouse of the adopted child and the adopter;

(g) Between an adopted child and a legitimate child of the adopter;

(h) Between the adopted children of the same adopter; and

(i) Between parties where one, with the intention to marry the other, killed that other person’s spouse or his or her own spouse. (Article 38, The Family Code)

10. My husband and I, both Filipino citizens, got married abroad at the age of 16. Our marriage was celebrated and solemnized in a country where it was legal to get married at that age. Could I file a Petition for Declaration of Nullity of Marriage?

Yes, you may file a Petition for Declaration of Nullity of Marriage. As a general rule, all marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, are also valid in the Philippines. However, the law simultaneously provides that such marriages should not expressly prohibited in our jurisdiction (Article 26, Family Code). A marriage contracted by minors, or those below eighteen years of age, even with the consent of parents or guardians, is considered void from the beginning (Article 35[1], Family Code). Since your marriage falls within the prohibition provided by statute, the same is void and you may file a petition to declare the nullity of such marriage.

11. My husband and I asked the wedding planner to process the requirements for our marriage. However, years later, we learned that the marriage license she provided was fake. What is the status of our marriage?

A valid marriage license is a requisite of marriage, the absence of which shall render the marriage void from the beginning (Article 3, Family Code). There are certain marriages which are exempted from requiring a marriage license for their validity (Article 27, 28, 31, 32, 33, 34, Family Code of the Philippines). However, your marriage does not appear to fall within such exceptions. Moreover, to be considered void on the ground of absence of a marriage license, the law requires that the absence of such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from the local civil registrar that no such marriage license was issued to the parties (Alcantara vs. Alcantara, G.R. No. 167746, 28 August 2007).

12. After we learned on our own assessment that our marriage is void because of the absence of a valid marriage license, my husband left me. After a few years, I found the love of my life and he proposed marriage. Can I remarry since my first marriage is void anyway?

No, a marriage though void still needs a judicial declaration of such fact before any party thereto can marry again; otherwise the second marriage will also be void (Apiag vs. Cantero, A.M. No. MTJ-95-1070, 12 February 1997). This was expressly provided for under Article 40 of the Family Code, to wit: the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.

13. What is psychological incapacity?

Psychological incapacity refers to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage. It is a ground to nullify a marriage under Article 36 of the Family Code and is confined to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage (Santos v. Court of Appeals, et al., G.R. No. 112019, 04 January 1995). However, the Supreme Court, in the recent case of Tan-Andal vs. Andal (G.R. No. 196359, 11 May 2021), modified the interpretation of the requirements of psychological incapacity. The Court ruled that it is not a medical but a legal concept, which 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. Further, the Court held that this psychological incapacity need not be a mental or personality disorder. It need not be a permanent and incurable condition. Therefore, the testimony of a psychologist or psychiatrist is not mandatory in all cases. The totality of the evidence, however, must still show clear and convincing evidence to cause the declaration of nullity of the marriage.

14. After 15 years of marriage, I’m no longer in love with my husband. We don’t have any problem but the love and affection are no longer present. Can I file a petition to declare our marriage a nullity based on such ground?

No, lack of affection or love is not counted as among the grounds for declaration of nullity of marriage. To be tired and to give up on one’s situation and on one’s spouse are not necessarily signs of psychological illness; neither can falling out of love be so labeled. When these happen, the remedy for some is to cut the marital knot to allow the parties to go their separate ways. This simple remedy, however, is not available to us under our laws. Ours is a limited remedy that addresses only a very specific situation – a relationship where no marriage could have validly been concluded because the parties; or where one of them, by reason of a grave and incurable psychological illness existing when the marriage was celebrated, did not appreciate the obligations of marital life and, thus, could not have validly entered into a marriage (Renato Reyes So v. Valera, G.R. No. 150677, 05 June 2009).

15. My husband and I fight all the time such that our relation is extremely strained. Can I file for the declaration of nullity of our marriage on that ground?

Yes, you may file a petition to declare the nullity of your marriage if you could prove that such strain is brought about by your husband's psychological incapacity. Article 36 of the Family Code considers as void a marriage contracted by any party, who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage. The marriage shall likewise be void even if such incapacity becomes manifest only after its solemnization. In view of the recent pronouncement of the Supreme Court in the case of Tan-Andal vs. Andal (G.R. No. 196359, 11 May 2021), which modified the interpretation of the requirements of psychological incapacity, the totality of evidence needs only to be clear and convincing to cause the declaration of nullity of marriage. The Court in that case held that psychological incapacity is not a medical but a legal concept, which 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. Further, the Court held that this psychological incapacity need not be a mental or personality disorder. It also need not be a permanent and incurable condition. Thus, you must prove that the strain in your relationship is an effect, manifestation, or symptom of such psychological incapacity.

16. My wife and I were able to marry each other in 1990 when we were both only 17 years old. She left me for another man in 1993 and I have not heard from her or seen her since. Could I still file a case for the declaration of nullity of our marriage?

Yes, the action or defense for the declaration of absolute nullity of a marriage does not prescribe. (Article 39, The Family Code of the Philippines) In your case, the declaration of absolute nullity of your marriage is based on the lack of legal capacity to contract marriage as both you and your wife were minors at the time of the celebration of the marriage.

17. What would be the effects of the declaration of nullity of our marriage to the status of our children?

As the general rule, children born or conceived within void marriages are considered illegitimate (Article 165, Family Code). However, the following situations are exceptions to the rule:

(a) Children conceived or born before the judgement of absolute nullity of the marriage under Article 36 has become final and executory are considered legitimate; and

(b) Children conceived or born of subsequent marriages under Article 53 shall likewise be legitimate (Article 54, Family Code).

18. Who may enjoy parental authority and custody of the children upon the declaration of nullity of my marriage?

Generally, children conceived and born outside a valid marriage are illegitimate and shall be under the parental authority of their mother. Accordingly, mothers are entitled to the sole parental authority of their illegitimate children, notwithstanding the father’s recognition of the child (Article 165 and 176, Family Code of the Philippines). The Court has previously ruled that it will not deprive a mother of custody, absent any imperative cause showing her unfitness to exercise such authority and care (Briones vs. Miguel, G.R. No. 156343, 18 October 2004). Moreover, the choice of a child over seven (7) years of age (Article 213[1], Family Code) and over ten (10) years of age (Rule 99, Rules of Court) shall be considered in custody disputes only between married parents because they are, according to Article 211 of the Family Code, accorded joint parental authority over the persons of their common children. The Court clarified in Masbate vs. Relucio (G.R. No. 235498), that this choice is not available to an illegitimate child, much more one of tender age (Article 213[2], Family Code), because sole parental authority is given only to the mother, unless she is shown to be unfit or unsuitable (Article 176, Family Code). If the mother is found to be unsuitable, Article 214 of the Family Code provides that substitute parental authority shall be exercised by the surviving grandparent. In default of parents or a judicially appointed guardian, Article 216 of the Family Code states that the following persons shall exercise substitute parental authority over the child in the order indicated:

(1) The surviving grandparent, as provided in Article 214;

(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and

(3) The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified.

In view of the foregoing provisions of law, it must be noted that the paramount consideration in deciding to whom custody of children should be awarded is the best interest of the child.

How Does Legal Separation Work in the Philippines?

Jul 11, 2025

Family Law

How Does Legal Separation Work in the Philippines?

1. Do we have divorce in the Philippines?

Divorce may be classified into two — Absolute and Relative. In our jurisdiction, only relative divorce or legal separation is allowed, which involves nothing more than the bed-and-board separation of the spouses (Lapuz Sy vs. Eufemio, G.R. No. L-30977, January 31, 1972). A decree of legal separation shall entitle the spouses to live separately from each other, without severing their marriage bonds (Article 62, Family Code).

2. What are the grounds for Legal Separation?

The following are the grounds for legal separation which may or may not exist at the time of the marriage ceremony:

(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 the petitioner to change religious or political affiliation;

(3) Attempt of 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 six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year (Article 55, Family Code).

3. Within what period must a Petition for Legal Separation be filed?

As a general rule, an action for legal separation shall be filed within five years from the time of the occurrence of the cause (Article 57, Family Code).

4. If I file an action for Legal Separation, will I still be entitled to receive support from my spouse during the pendency of the case?

Yes, you shall be entitled to receive support from your spouse, which shall be in accordance with adequate provisions of the written agreement with your spouse. In the absence of an agreement, the Court will provide for support during the pendency of the case (Article 49 in relation to Article 62, Family Code).

5. Can I remarry after my Legal Separation is granted?

No, legal separation is merely the separation of spouses as to their bed and board. While it permits the partial suspension of marital relations, the marriage bond still exists as the marital bonds are not severed (Lapuz Sy vs. Eufemio, G.R. No. L-30977, January 31, 1972).

6. Who can have custody of the child once a petition for legal separation is granted?

The custody of the minor children shall be awarded to the innocent spouse, subject to the choice of the child over seven (7) years of age, unless the parent chosen is unfit. No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise (Article 63 in relation to Article 213, Family Code of the Philippines). Similarly, Section 6 of Rule 99 of the Rules of Court permits a child over ten (10) years of age to choose which parent he prefers to live with, unless the parent chosen is unfit to take care of the child by reason of moral depravity, habitual drunkenness, incapacity or poverty. The choice of a child over seven (7) years of age and over ten (10) years of age shall be considered in custody disputes only between married parents because they are, pursuant to Article 211 of the Family Code, accorded joint parental authority over the persons of their common children (Masbate vs. Relucio, G.R. No. 235498, 30 July 2018).

7. Can I file for Legal Separation for being punched by my spouse every time we argue?

Yes, repeated physical violence is one of the provided grounds for legal separation (Article 55, Family Code).

8. Can I file for Legal Separation after catching my wife for the first time having sexual intercourse with another man?

Yes, sexual infidelity or perversion is a ground for filing a petition for legal separation (Article 55[8], Family Code). Adultery, punishable under Article 333 of the Revised Penal Code, is not a continuing crime; it is consummated at every moment of carnal knowledge. Hence, every sexual act is a ground for legal separation (People vs. Zapata, G.R. No. L-3047, 16 May 1951).

9. What are the instances wherein the court could deny a petition for legal separation?

The court shall deny the petition for legal separation on any of the following grounds:

(1) The aggrieved party has condoned the offense or act complained of;

(2) The aggrieved party has consented to the commission of the offense or act complained of;

(3) There is connivance between the parties in committing the offense or act constituting the ground for legal separation;

(4) Both parties have given ground for legal separation

(5) There is collusion between the parties to obtain the decree of legal separation; or

(6) The action is barred by prescription (Article 56, Family Code).

10. Can I revoke the designation of my guilty spouse as my beneficiary in my insurance policy upon the grant of my petition for legal separation?

After the issuance of the Decree of Legal Separation, the innocent spouse may revoke the designation of the offending spouse as a beneficiary in any insurance policy even if such designation be stipulated as irrevocable. The revocation or change shall take effect upon written notification to the insurer (Section 22, A.M. No. 02-11-11-SC).

11. Can I still recover property donated to my guilty spouse upon the grant of our petition for legal separation?

Yes, within five (5) years from the date the decree of legal separation has become final, the innocent spouse may file a petition under oath in the same proceeding for legal separation to revoke the donations he/she made in favor of the offending spouse. If such donations involve property, such revocations should be recorded in the Register of Deeds in the places where the properties are located. (Article 64, Family Code; Section 22, A.M. No. 02-11-11-SC)

12. Do I have to use my husband’s surname after the decree for legal separation?

The Civil Code of the Philippines, Article 372, mandates that when the legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. (Laperal vs. Republic, G.R. No. L-18008, 30 October 1962). You may still use of your husband’s surname even after you are legally separated, if the same was your customary surname prior to issuance of the decree.

13. What will be the effect of our reconciliation to the legal separation proceeding?

If the legal separation is still pending, it shall be terminated at whatever stage it is. If the spouses reconciled after the issuance of the decree of legal separation, the final decree of legal separation shall be set aside, but the separation of property and forfeiture of any of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime (Article 66, Family Code).

Understanding Annulment in the Philippines

Jul 11, 2025

Family Law

Understanding Annulment in the Philippines

1. What are the grounds for the annulment of a marriage?

The following are the grounds for annulment of marriage, which must exist at the time the marriage was celebrated:

(1) That the party in whose behalf it is sought to have the marriage annulled was between eighteen (18) to twenty-one (21) years of age, and the marriage was solemnized without the consent of the parents, guardian, or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one (21), such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind unless, such party, after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually transmissible disease found to be serious and appears to be incurable (Article 45, Family Code).

2. I discovered after the marriage that my spouse's character is vastly different from when we were dating. Can I file for annulment?

Misrepresentation or deceit as to character, health, rank, fortune or chastity is not considered as fraud and it cannot be used as a ground for an action for the annulment of marriage (Article 46, Family Code).

3. If under the law, I am already considered an adult at 18 years of age, why do I still need to get my parents’ permission to get married?

Under Philippine law, a person who is already eighteen years old is generally considered to be an adult who is capacitated to act with legal effect. However, when pertaining to concerns regarding marital relations and conjugal responsibilities, the Family Code of the Philippines considers that a person of at least 18 years and below 21 years lacks the degree of maturity required to fully grasp and comprehend the reality and gravity of the responsibilities and consequences that a marital relationship would entail.

4. My spouse and I mutually agree to have an annulment. Would that have any effect on the case that I intend to file?

A prosecuting attorney or fiscal must first rule out collusion as a condition sine qua non for further proceedings. As stated in Article 48 of the Family Code, in all cases of annulment, the Court shall order a prosecuting attorney or fiscal assigned to appear on behalf of the State to take steps to prevent collusion between parties to a marriage and to take care that evidence is not fabricated or suppressed. Our family law is based on the policy that marriage is not a mere contract, but a social institution in which the state is vitally interested. Hence, the preservation of families is not the concern alone of family members (Tuason v. Tuason, G.R. No. 116607, 10 April 1996).

5. Can I file for annulment by reason of my wife’s concealment of her pregnancy by another man?

Yes, concealment by the wife of the fact that, at the time of the marriage, she was pregnant by a man other than her husband constitutes fraud (Article 46[2], Family Code). Under Article 45 of the Family Code, a marriage may be annulled if the consent of either party was obtained by fraud, existing at the time of the marriage. The action for annulment of a marriage may be filed within five (5) years after the discovery of the fraud (Article 47[3], Family Code). However, if you knew of the pregnancy and, thereafter, freely cohabit with your wife, then you may not annul your marriage. What the law punishes here, is the attempt of the wife to conceal a child not belonging to her husband, and passing it off as his.

6. Can I file for annulment by reason of my spouse’s confinement to a mental hospital?

It depends on when you learned your spouse to be insane. If you did not know that your spouse was suffering from an unsound mind at the time of the celebration of your marriage, which renders him incapable to comprehend what he is entering into and giving consent, this may be a ground for annulment of marriage (Article 45[2], Family Code). The law says that the sane spouse must have no knowledge of the other’s insanity (Article 47[2], Family Code). However, if you knew of your spouse's insanity at the time of the marriage ceremony, you may not ask for the annulment of your marriage. Nevertheless, the relatives, acting as the guardian of your insane spouse, may do so, for and on his behalf. (Article 47[2], Family Code).

7. Can I file for annulment after discovering that my husband was previously charged for murder?

No, you cannot file for annulment on the ground of fraud. To constitute fraud as a ground for annulment, there must be a non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude (Article 46[1], Family Code). Since your husband was merely charged and not convicted for the crime of murder, such non-disclosure does not constitute fraud sufficient to be a ground for annulment.

8. I was forced to marry my spouse. What does that make of our marriage?

Your marriage is valid until annulled. In Wiegel vs. Sempio-Diy (G.R. No. L-53703, 19 August 1986), the Court held that a marriage vitiated by force is voidable, or valid until annulled. The force must be of the nature that it would prevent you from exercising your free will. Article 45 of the Family Code enumerates the grounds for annulment of a marriage, among them is when the consent of either party was obtained by force, existing at the time of the marriage. Your marriage will continue to be valid if both of you freely cohabit as husband and wife after such force has disappeared or ceased. You, as the injured party, however, can file an action for annulment of your marriage within five (5) years from the time the force disappears or ceases (Article 47[4], Family Code).

9. We have been married for four years now and we still do not have a child. Can I file for annulment of our marriage on the ground of impotency?

Under Article 45, par. 5, of the Family Code, marriage can be annulled if, at the time of the marriage, either party is physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. An action for annulment of marriage based on this ground must be filed within five (5) years from the celebration of marriage. Accordingly, you must prove that your spouse's condition renders him/her completely incapable of consummating the marital union. Since impotency is an abnormal condition, it should not be presumed. The presumption is always in favor of potency; hence, as a ground for annulment, the party alleging impotency has the burden of proving the same (Jimenez vs. Canizares, G.R. No. L-12790, 31 August 1960).

10. I discovered during our marriage that my wife used to be a prostitute. Can I file for annulment on the ground of fraud?

No, the non-disclosure of your wife’s past as a prostitute does not constitute fraud sufficient to constitute a ground for annulment. The circumstances considered as fraudulent under Article 46 of the Family Code are exclusive. No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will be considered as grounds for an action for the annulment of the marriage.

11. I found out that my husband has a sexually transmissible disease and has passed it on to me, and that he had it even during our wedding day. Is there a requirement that the sexually-transmissible disease be incurable to be able to successfully pursue a petition for annulment?

You may file a petition for annulment on the ground that your consent to the marriage was obtained by fraud. Concealment of a sexually-transmissible disease, regardless of its nature, existing at the time of the marriage constitutes fraud (Article 46[c], Family Code). Since fraud alone is a ground for annulment of a marriage, the sexually-transmissible disease does not necessarily have to be incurable. However, the action to have the marriage annulled must be filed within five (5) years after the discovery of the fraud (Article 47[3], Family Code).

12. After our annulment was granted, can I compel my wife to stop using my (husband’s) surname?

It depends. In case of annulment of marriage, if the wife is the guilty party, she shall resume using her maiden name and surname. However, if the wife is the innocent spouse, she may choose to continue employing her former husband’s surname, unless:

(1) The court decrees otherwise; or

(2) She or the former husband are married again to another person (Article 371 of the New Civil Code of the Philippines).