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
spouses 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

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