Property Regimes

Property Regimes FAQs

1. What is a property regime?
Property regime is those set of rules agreed upon by the parties to a marriage which governs their
property relations during the course of their married life. (Article 75 Family Code of the Philippines)
2. What are the different property regimes under Philippine law?
Philippine law recognizes three property regimes, to wit:
1. Regime of Absolute Community of Property;
2. Regime of Conjugal Partnership of Gains; and
3. Regime of Complete Separation of Properties.
3. What are the differences between the three property regimes?
Absolute Community of Property

Conjugal
Partnership
Gains

of

Complete
Separation
Properties

of

Parties deemed as co-owners of properties they both own at the time of the Parties
retain
celebration of marriage and those acquired thereafter. (Article 90 Family ownership
over
their
respective
Code of the Philippines
properties.
The
parties 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.
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
of the Philippines)

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)

Administration and enjoyment of the community property shall belong to The administration
both spouses jointly. (Article 96 Family Code of the Philippines)
and enjoyment of
the
conjugal
partnership shall
belong to both
spouses
jointly.(Article 124
Family Code of
the Philippines)

Parties are free to

manage
their
respective
properties without
interference of the
other.

Neither spouse may donate any community property without the consent of
the other.(Article 98 Family Code of the Philippines)

Parties are free to

donate
without
interference of the
other.

Neither
spouse
may donate any
conjugal
partnership
property without
the consent of the
other.(Article 125
Family Code of

It may refer to
present or future
property or both. It
may be total or
partial. In the latter
case, the property
not agreed upon as
separate
shall
pertain
to
the
absolute
community.(Article
144 Family Code
of the Philippines)

the Philippines)

4. If my boyfriend and I got married without making any pre-nuptial agreement, what
property regime governs?
In the absence of a marriage settlement, the system of absolute community of property shall
govern. (Article 75 Family Code of the Philippines)
5. When does the property regimes commence?
The property regimes shall commence at the precise moment that the marriage is celebrated.
6. My husband and I did not execute any pre-nuptial agreement before marriage. Can we
change our property relations during our marriage?
No, in order that any modification in the marriage settlements may be valid, it must be made before
the celebration of the marriage. (Article 76 Family Code of the Philippines)
However, parties 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 their common
properties during their marriage. (Article 136 Family Code of the Philippines)
7. My husband and I executed a pre-nuptial agreement before our marriage but we never
registered the same with any government agency. Is it valid?
As between the two of you, yes it is valid as it is in 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 Civil Code of the Philippines)
However, the pre-nuptial agreement shall not prejudice third persons unless they are registered in the
local civil registry where the marriage contract is recorded as well as in the proper registries of
properties. (Article 77 Family Code of the Philippines)
8. My husband and I did not execute a prenuptial agreement. During our marriage, my
mother donated a property me alone. Is the property mine?
Yes, property acquired during the marriage by gratuitous title by either spouse is deemed excluded
from the community property. (Article 92 (1) Family Code of the Philippines)
9. My husband and I have no pre-nuptial agreement. During our marriage my husband
engaged in cock-fighting and incurred debts. Am I liable for his debts as well?
No. Whatever your husband lost during your marriage in any game of chance or in betting,
sweepstakes, or any other kind of gambling whether permitted or prohibited by law, shall be borne by
him and shall not be charged to the properties owned in common. (Article 95 Family Code of the
Philippines)
10. Will the property I acquired before marriage form part of the community property?
Yes. All properties are deemed part of the community property in the absence of any marriage
settlement executed prior to the marriage.
However, properties acquired before the marriage by either spouse who has legitimate descendants by
a former marriage, and the fruits as well as the income, if any, of such property is deemed excluded
from the community property. (Article 92(3) Family Code of the Philippines)
11. My husband and I executed a conjugal partnership of gains pre-nuptial agreement
before our marriage. What property belongs to me?
The spouses retain the ownership, possession, administration and enjoyment of their exclusive
properties. (Article 110 Family Code of the Philippines)
The following shall be the exclusive property of each spouse:
1. That which is brought to the marriage as his or her own;
2. That which each acquires during the marriage by gratuitous title;
3. That which is acquired by right of redemption, by barter or by exchange with property
belonging to only one of the spouses; and
4. That which is purchased with exclusive money of the wife or of the husband. (Article 109
Family Code of the Philippines)
12. My present partner and I are unmarried, what property regime govern?
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 of the Philippines)
13. My girlfriend and I are living together as husband and wife without the benefit of
marriage does she have a share in my income despite the fact that I am the sole
breadwinner?
Yes. In the absence of proof to the contrary, properties acquired while they 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.

Under the law, your girlfriend's care and maintenance are deemed as her contribution to the
union. (Article 147 Family Code of the Philippines)
14. I only recently learned that my marriage to my husband is void and that 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 shall be forfeited in favor of the 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. (Article 147 Family Code of the
Philippines)
15. 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 already. What governs our property
relation?
You and your girlfriend are deemed as co-owners of the properties acquired through actual joint
contribution of money, property, or industry in proportion to your respective contributions. Absent any
proof 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 evidences 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 of the Philippines)

Content on this web page is informational in nature, not specific legal advice, and someone
seeking legal advice should consult with a lawyer licensed in their jurisdiction.
Divorce
Q. - Is foreign divorce between Filipinos recognized in the Philippines?
A. - No, a foreign divorce between Filipino citizens is not recognized as valid in the Philippines
and neither is the marriage contracted with another party subsequent to the foreign decree of
divorce entitled to validity (Art. 26, Family Code).
Foreign Adoption
Q. - Can a foreigner adopt a child in the Philippines?
A - Yes, under Republic Act No. 8043 otherwise known as Inter-Country Adoption law, it allows
a foreigner to adopt a child in the Philippines.
Child Custody
Q. - In case of separation-in-fact of parents, who has the right of custody over the child?
A. - No child under seven years of age shall be separated from the mother, unless the court
finds compelling reasons to order otherwise (Second paragraph, Art. 213, Family Code).
Child Support
Q. - Can I get support for my child even though I am not married to the father?
A. - Yes, parents are obliged to support their illegitimate children (Art. 195, Family Code).
Nullity of Marriage
Q. - Do I need a judicial declaration of nullity of a previous marriage before contracting a
subsequent marriage?
A. - Yes, a judicial declaration is needed to determine whether a person is legally free to
contract a second marriage to avoid liability for bigamy (Art. 40, Family Code; Mercado v. Tan,
G.R. No. 137110, August 1, 2000).
Q. - May the heirs of a deceased person file a petition for the declaration of nullity of his
marriage after his death?
A. - Yes, the Court may pass upon the validity of marriage even in a suit not directly instituted to
question the same so long as it is essential to the determination of the case. (Nial v. Bayadog,
G.R. No. 133778, March 14, 2000, 328 SCRA 122).
Bigamy & Nullity of Marriage
Q. - Is the pendency of a civil case for declaration of nullity of marriage a prejudicial
question to suspend the criminal case for bigamy?

A. - No, the prosecution of the criminal case cannot be delayed or frustrated by filing belatedly a
judicial declaration of nullity of first marriage. (Bobis v. Bobis, G.R. 138509, July 31, 2000).
Psychological Incapacity
Q. - What do you mean by psychological incapacity as a ground for declaration of nullity
of marriage?
A. - In the Supreme Court Decision entitled, "Hernandez v. Court of Appeals and Hernandez,"
G.R. No. 126010, December 8, 1999, 320 SCRA 76, citing "Santos v. Court of Appeals,"
psychological incapacity was defined as follows:
Inheritance of Adopted Children
Q. - What is the share of the legitimate parents or ascendants if they concur with an
adopted child as regards the estate of the adopter?
A. - The adopted shall exclude the legitimate parents or ascendants as they are declared to be
legitimate children of the adopter according to Art. 189, Family Code.
Surnames
Q. - Can an illegitimate child use the surname of his father?
A. - As a rule, illegitimate children shall use the surname and shall be under the parental
authority of their mother (Article 176, Family Code). However, as an exception, illegitimate
children may use the father's surname if there has been an acknowledgement/recognition by
the father (Art. 172, Family Code; DOJ Opinion No. 4, S. 1998).
Change of First Name
Q. - What are the grounds for change of first name or nickname without a judicial order?
A. - Republic Act No. 9048 dated March 22, 2001 provides the grounds for change of first name
or nickname, to wit:
1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or
merely difficult to write or pronounce;
2. The new first name or nickname has been habitually and continuously used by the
petitioner and he has been publicly known by that first name or nickname in the
community or;
3. The change will avoid confusion.
Implementing Rules and Regulations of Republic Act No. 9048
Q - What is the National Statistics Office Administrative Order No. 1, Series of 2001 (July
24, 2001)?
A - It is the implementing rules and regulations of RA 9048 which provides for the correction of
clerical or typographical errors and change of first name or nickname.
Q - Who are authorized to correct clerical or typographical error and to change first name
or nickname?
A - The city/municipal civil registrar, Consul General, including the Clerk of the Shari'a Court in
his capacity as District or Circuit Registrar of Muslim Marriages, Divorces, Revocations of
Divorces and Conversions, are hereby authorized to correct clerical or typographical error and
to change name or nickname in the civil registrar.
Q - What is a clerical or typographical error under the IRR?
A - It refers to a mistake committed in the performance of clerical work in writing, copying,
transcribing or typing an entry in the civil register that is harmless and innocuous, such as
misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious
to the understanding, and can be corrected or changed only by reference to other existing
record or records: Provided, however, That no correction must involve the change of nationality,
age, status or sex of the petitioner.
Q - Who may file the petition?
A - Any person of legal age, having direct and personal interest in the correction of a clerical or
typographical error in an entry and/or change of first name or nickname in the civil register, may
file the petition.

A person is considered to have direct and personal interest when he is the owner of the record,
or the owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other
person duly authorized by law or by the owner of the document sought to be corrected:
Provided, however, That when a person is a minor or physically or mentally incapacitated, the
petition may be filed on his behalf by his spouse, or any of his children, parents, brothers,
sisters, grandparents, guardians, or persons duly authorized by law.
Q - What is the form and content of the petition?
A - The petition shall be in the prescribed form of an affidavit, subscribed and sworn to before
any person authorized by law to administer oath. The affidavit shall set forth facts necessary to
establish the merits of the petition and shall show affirmatively that the petitioner is competent to
testify to the matters stated. The petitioner shall state the particular erroneous entry or entries
sought to be corrected or the first name sought to be changed, and the correction or change to
be made.
Q - Where can you file the petition?
A - The verified petition may be filed, in person, with the Local Civil Registry Office (LCRO) of
the city or municipality or with the Office of the Clerk of the Shari'a Court as the case may be,
where the record containing the clerical or typographical error to be corrected, or first name to
be changed, is registered.
When the petitioner had already migrated to another place within the Philippines and it would
not be practical for such party, in terms of transportation expenses, time and effort to appear in
person before the Record-Keeping Civil Registrar (RKCR), the petition may be filed, in person,
with the Petition-Receiving Civil Registrar (PRCR) of the place where the migrant petitioner is
residing or domiciled.
Any person whose civil registry record was registered in the Philippines, or in any Philippine
Consulate, but who is presently residing or domiciled in a foreign country, may file the petition,
in person, with the nearest Philippine Consulate, or in accordance with Rule 3 thereof.

Domestic Adoption
1. I am a Filipino citizen who wishes to adopt a Filipino child, can I do so?
Yes, provided you have all the qualifications required by Republic Act No. 8552 otherwise known as
the Domestic Adoption Act of 1998.
2. I am a Filipino citizen, what are the requirements for me to be able to adopt under the
Domestic Adoption Act?
The Filipino Citizen who wishes to adopt under Republic Act No. 8552 must:
be of legal age;in possession of full civil capacity and legal rights;of good moral character;has not
been convicted of any crime involving moral turpitude;emotionally and psychologically capable of
caring for children;at least sixteen (16) years older than the adoptee, and who is in a position to
support and care for his/her children in keeping with the means of the family; andsixteen (16) year
age difference between the age of the adopter and adoptee.(Section 7, Republic Act No. 8552)
3. I wish to adopt my legitimate son jointly with my new husband but there is only a
fourteen (14) year age difference between me and my son. Am I barred from adopting him?
No, the requirement of sixteen (16) year difference between the age of the adopter and adoptee may
be waived when the adopter is the biological parent of the adoptee. (Section 7, Republic Act No. 8552)
4. I am a foreigner who has been living and working in the Philippines for the past six (6)
years. Can I adopt a Filipino child?
Yes, any alien possessing the same qualifications as Filipino nationals under Section 7, Republic Act
No. 8552 may adopt a Filipino child provided:
that foreigner's country has diplomatic relations with the Republic of thePhilippines;that foreigner has
been living in thePhilippinesfor at least three (3) continuous years prior to the filing of the application
for adoption and maintains such residence until the adoption decree is entered; that foreigner has
been certified by his/her diplomatic or consular office or any appropriate government agency that
he/she has the legal capacity to adopt in his/her country; andthat foreigner's government allows the
adoptee to enter his/her country as his/her adopted son/daughter. (Section 7, Republic Act No. 8552)
5. I am an American who wish to adopt the legitimate daughter of my wife, am I required to
stay here for three (3) years before my wife and I file for adoption?
No, the requirements on residency may be waived if the potential adoptee is the legitimate daughter
of your Filipino spouse. (Section 7, Republic Act No. 8552)

6. I was a former Filipino Citizen; do I need to comply with the three (3) year residency
requirement?
No, a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity need not comply with the three (3) year residency requirement. (Section 7,
Republic Act No. 8552)
7. Can I adopt a child without my husband's consent?
No, husband and wife shall jointly adopt unless:
if one spouse seeks to adopt the legitimate son/daughter of the other; orif one spouse seeks to adopt
his/her own illegitimate son/daughter: Provided, However, that the other spouse has signified his/her
consent thereto; orif the spouses are legally separated from each other. (Section 7, Republic Act No.
8552)
8. I am an illegitimate child who has been living with my biological father and his wife since
birth. Can I still be adopted by my biological father despite the fact that I am already 25
years old?
Yes, a person of legal age can be adopted provided said person has been consistently considered and
treated by the adopters as their own child since minority. (Section 8, Republic Act No. 8552)
9. I wish to adopt a child, unfortunately, his parents cannot be located. Do I still have to
locate them and get their consent before the adoption case can proceed?
The consent of the biological parent(s) of the child is only needed if their location is known. (Section 9,
Republic Act No. 8552)
10. The seven (7) year old who I wish to adopt hates the idea of being adopted. Will I still
be allowed to adopt the child?
Yes, the consent of the adoptee will only be taken into consideration if she is ten (10) years old or
older. (Section 9, Republic Act No. 8552)
11. My wife and I want to adopt a baby but our legitimate children oppose the idea, will the
adoption case prosper despite my children's opposition?
The case will not prosper if the legitimate children are aged ten (10) years old or older. Note that the
consent of all the legitimate children aged ten (10) or older are necessary for the adoption case to
prosper. (Section 9, Republic Act No. 8552)
12. My illegitimate child opposes my plan to adopt another child. Will the adoption case
prosper?
Yes, the adoption would prosper if the illegitimate child is not living with the adopter and only if the
illegitimate child is aged then (10) years old or older. (Section 9, Republic Act No. 8552)
13. I am an illegitimate child. My biological father wants to adopt me but my wife is against
the idea. Will the adoption prosper?
No, the consent of the wife of the adopter or the potential adoptee is necessary for the adoption case
to prosper. (Section 9, Republic Act No. 8552)
14. I was successfully adopted by my biological mother and her new husband. Will the legal
tie between me and my mother be severed?
No, if the biological parent is the spouse of the adopter, the legal tie which binds you to your biological
parent is not severed. (Section 16, Republic Act No. 8552)
15. What is my status after I have been successfully adopted?
You will be considered as the legitimate son/daughter of the adopter(s) and are entitled to all the
rights and obligations provided by law to legitimate offspring of your adopters without discrimination
of any kind. (Section 17, Republic Act No. 8552)
Hence, you can succeed to the property of the adopting parents in the same manner as a legitimate
child. (Article 979 Civil Code of the Philippines)
16. My biological mother left a property to me in her will. Can I inherit the same even
though I was already adopted by another couple?
Yes, adoption is of no moment in cases of testamentary succession. If your biological parent left a
property to you pursuant to a will, the law on testamentary succession shall govern. (Section 18,
Republic Act No. 8552)
17. Can the adopters have the adoption rescinded?
No, the adoption cannot be rescinded by the adopter(s) even if there is a meritorious ground. The
most that the adopters can do is to disinherit the adoptee. (Section 19, Republic Act No. 8552)
18. Can the adoptee have the adoption rescinded?
Yes, the adoptee can have the adoption rescinded but only for the following grounds:

repeated physical and verbal maltreatment by the adopter(s) despite having undergone
counseling;attempt on the life of the adoptee by adopter(s);sexual assault or violence against adoptee
by adopter(s); orabandonment and failure to comply with parental obligations by adopters. (Section
19, Republic Act No. 8552)
19. Who will represent the minor or incapacitated adoptee if he/she desires to rescind the
adoption?
The Department of Social Welfare and Development shall act as the guardian/counsel of the adoptee
during the proceedings. (Section 19, Republic Act No. 8552)
20. If the adoption is rescinded, who has parental authority over the adoptee?
The biological parents of the adoptee shall regain parental authority over the adoptee if their location
is known. If the biological parents cannot be located, the parental authority shall be vested with the
Department of Social Welfare and Development. (Section 20, Republic Act No. 8552)
21. If the adoption is rescinded, are the adopters still required to support the adoptee and
vice versa?
No, the reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be
extinguished after the adoption is rescinded. (Section 20, Republic Act No. 8552)
22. If the adoption is rescinded, can the adopters and adoptee inherit from each other?
As a general rule, the adopter(s) and adoptee cannot inherit from each other as the succession rights
of the parties shall revert to its status prior to adoption as of the date of judgment of judicial
rescission of the adoption. (Section 20, Republic Act No. 8552)
However, if there is a testamentary disposition by either the adopter(s) or adoptee in favor of the
other subsequent to the rescission, the rules on succession shall apply.

Annulment & Legal Separation

Annulment FAQs
1. Is there divorce in the Philippines?
In Philippine jurisdiction, divorce is non-existent.
2. Is divorce between Filipinos abroad valid here in the Philippines?
No, as divorce is not allowed here in the Philippines, what cannot be done directly here cannot be
done indirectly abroad. This is due to the fact that "laws relating to family rights and duties, or to the
status, condition and legal capacity of persons are binding upon citizens of the Philippines, even
though living abroad." (Article 15 of the Civil Code of the Philippines)
3. Since there is no divorce, how can I dissolve my marriage?
Under Philippine law, parties who wish to have their marriage annulled have three options:
Petition for annulment of marriage;Petition for nullity of marriage.
A petition for annulment of marriage is applicable to marriages that are voidable. Under Philippine law,
a voidable marriage is one that "is valid until otherwise declared by the court." (Nial vs. Bayadog, G.R.
No. 133778, 14 March 2000)
A petition for nullity of marriage presupposes that the marriage was void from the beginning on
account of the inability of the parties to satisfy the formal and essential requisites of marriage (Article
2 and 3 Family Code of the Philippines) as well as their failure to comply the essential marital
obligations of marriage, namely: to "live together, observe mutual love, respect and fidelity, and
render mutual help and support." (Article 68 Family Code of the Philippines).
4. What are these essential and formal requisites of marriage?
The essential requisites of marriage are:
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 of the
Philippines)
The formal requisites of marriage are:
1. Authority of the solemnizing officer;
2. A valid marriage license; 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 of the Philippines)
5. What is psychological incapacity?

Psychological incapacity refer 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 which, as so expressed by Article 68 of the Family Code,
include their mutual obligations to live together, observe love, respect and fidelity and render help and
support. (Santos v. Court of Appeals, et al., 310 Phil. 21 (1995))
Simply put, psychological incapacity is the failure of the party to a marriage to assume and comply
with the essential obligations of marriage.
6. What are the characteristics of psychological incapacity?
Psychological incapacity must be characterized by:
Gravity It must be grave or serious such that the party would be incapable of carrying out the
ordinary duties required in a marriage;Juridical Antecedence It must be rooted in the history of the
party antedating the marriage, although the overt manifestations may emerge only after the
marriage; andIncurability It must be incurable or, even if I were otherwise, the cure would be
beyond the means of the party involved.(Santos v. Court of Appeals, et al., 310 Phil. 21 (1995))
7. My husband and I have constant marital disagreements such that our marital relation is
extremely strained, can I file for annulment on the ground of psychological incapacity?
No, personal differences do not reflect a personality disorder tantamount to psychological incapacity.
(Marable vs. Marable, G.R. No. 178741, 17 January 2011) Mere showing of "irreconciliable differences"
and "conflicting personalities" in no wise constitutes psychological incapacity. It is not enough to prove
that the parties failed to meet their responsibilities and duties as married persons; it is essential that
they must be shown to be incapable of doing so, due to some psychological (nor physical) illness.
(Republic of the Philippines vs. CA, G.R. No. 108763, 13 February 1997)
8. Who can file the action to declare the marriage void?
Either party, even the psychologically incapacitated, can file the action. (Edward Kenneth Ngo Te vs.
Rowena Ong Gutierrez Yu-Te, G.R. No. 161793, 13 February 2009)
9. Does the action to declare the marriage void on account of the psychological incapacity of
a party to a marriage prescribe?
No, the action or defense for the declaration of absolute nullity of a marriage does not prescribe.
(Article 39, Family Code of the Philippines)
10. Is there a need for my husband to be personally examined by a psychiatrist for the
declaration of nullity of marriage on the basis of psychological incapacity?
No, there is no requirement that the defendant/respondent spouse should be personally examined by
a physician or psychologist as a condition sine qua non for the declaration of nullity of marriage based
on psychological incapacity. (Marcos vs. Marcos, G.R. No. 136490. 19 October 2000)
11. My husband is physically unable to comply with his marital obligations; can I have my
marriage annulled on the basis of his psychological incapacity?
No, the psychologically refers to the mental incapacity that prevents the party from complying with his
basic marital covenants. (Santos v. Court of Appeals, et al., 310 Phil. 21 (1995)) It bears stressing
that psychological incapacity must be more than just a "difficulty," "refusal" or "neglect" in the
performance of some marital obligations. Rather, it is essential that the concerned party was incapable
of doing so, due to some psychological illness existing at the time of the celebration of the marriage.
(Marable vs. Marable, G.R. No. 178741, 17 January 2011)
It is indispensable that the evidence must show a link, medical or the like, between the acts that
manifest psychological incapacity and the psychological disorder itself. (Marable vs. Marable, G.R. No.
178741, 17 January 2011)
12. What is a Psychological Report?
The psychological report embodies the findings of a clinical psychologist regarding the psychological
state of an individual. It is the product of a two-part test: the psychological testing and the clinical
interview which the petitioner should undergo.
Legally, it is an indispensable piece of evidence for the declaration of nullity of marriage on the ground
of Psychological Incapacity under Article 36 of the Family Code of thePhilippines. Absent any
Psychological Incapacity on the part of the Petitioner or Respondent would result in the dismissal of
the petition.
13. Is the Psychological Report and testimony of the Psychologist sufficient to establish the
existence of Psychological Incapacity?
No, psychological incapacity must be established by the totality of the evidence presented during the
trial. (Marcos vs. Marcos, G.R. No. 136490. 19 October 2000) Hence other evidence must be
presented during the trial to establish the psychological incapacity.

14. My husband/wife agreed to have an annulment; can we file the case for nullity of
marriage?
No, in cases of annulment and declaration of absolute nullity of marriage, collusion between parties is
prohibited. (Article 48 Family Code of the Philippines)
This prohibition is due to the fact that "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. The state can find no
stronger anchor than on good, solid and happy families. The break up of families weakens our social
and moral fabric and, hence, their preservation is not the concern alone of the family members."
(Tuason vs. Tuason, G.R. No. 116607, 10 April 1996)
15. What would happen if I was forced to marry my husband/wife?
The marriage is deemed as void from the very beginning. There is an absence of consent if one is
forced against his will to wed another. As consent is an essential requisite of marriage (Article 4
Family Code of the Philippines), the absence thereof is deemed as a ground for the annulment of
marriage.
16. I discovered after the marriage that my husband/wife's character is vastly different
from when we were dating. Can I file for annulment?
No, 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 action for the annulment of marriage. (Article 46 Family
Code of the Philippines)
17. I discovered that at the time I married my wife, she was already pregnant with the child
of another person, can I file for annulment?
Yes, non-disclosure of the wife that she is pregnant with the child of another man is considered as
fraud under Article 45 of the Family code of the Philippines. (Article 46 paragraph 2 Family Code of the
Philippines)
18. What are the grounds for the annulment of marriage?
Article 45 of the Family Code of the Philippines provides the grounds for the annulment of marriage
which must be present at the time the marriage was celebrated, to wit:
1.Either party (between the age of 18 to 21 years old) got married without parental consent unless
parties freely cohabited with the other as husband and wife after attaining the age of twenty-one;
2.Either party was of unsound mind, UNLESS such, freely cohabited with the other as husband and
wife after coming to reason;
3.The consent of either party was obtained by fraud, unless parties lived together as husband and wife
despite the discovery of the fraud by innocent spouse;
4.The consent of either party was obtained by force, intimidation or undue influence, unless parties
continued to live as husband and wife even though the force, intimidation or undue influence had
ceased.
5.The physical inability to have sexual intercourse of either or both parties and such circumstance is
incurable.
6.Either party was afflicted with a sexually-transmissible disease which is serious and appears to be
incurable.
19. What are the grounds for the declaration of nullity of marriage?
The grounds are enumerated under Article 35 and 36 of the Family Code of the Philippines, to wit:
Either or both parties are below eighteen years of age; Marriage was solemnized by a person not
legally authorized to perform marriages;There is no marriage license;Marriage is bigamous or
polygamous;There was a mistake of one contracting party as to the identity of the other;The
subsequent marriage is void; andPsychological incapacity.
20. What are the effects of the declaration of nullity/annulment of a marriage?
The dissolution of the marriage through annulment or nullity of marriage shall have the following
results:
Either spouse can remarry; Children born during the existence of the marriage are still deemed
legitimate;Custody of the common children shall be awarded to either or both parents, and;The
property regime shall be dissolved and liquidated. (Article 50, Family Code of the Philippines)
Legal Separation FAQs
21. Can I remarry after my Legal Separation is granted?
No, legal separation is merely the separation of spouses from bed and board. (Article 63 Family Code)
While it permits the partial suspension of marital relations, the marriage bond still exists as the marital
bonds are not severed as in the case of annulment or petition for nullity.

22. What are the grounds for Legal Separation?

The grounds for legal separation are:
Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child,
or a child of the petitioner; Physical violence or moral pressure to compel the petitioner to change
religious or political affiliation;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;Final judgment sentencing the respondent to imprisonment of more than six years, even
if pardoned;Drug addiction or habitual alcoholism of the respondent;Lesbianism or homosexuality of
the respondent;Contracting by the respondent of a subsequent bigamous marriage, whether in
thePhilippinesor abroad;Sexual infidelity or perversion;Attempt by the respondent against the life of
the petitioner; orAbandonment of petitioner by respondent without justifiable cause for more than one
year. (Article 55 Family Code of the Philippines)
23. What would happen to the donation I gave my wife/husband before the legal
separation?
The innocent spouse may 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 of the Philippines)
Note however that such revocation must be done within five years from the time the decree of legal
separation become final.
24. My husband/wife and I agreed to have a legal separation, can we still file a case for
legal separation?
No, collusion or connivance between parties is a ground for the denial of the petition for legal
separation. (Article 56 Family Code of the Philippines)
25. When should I file for Legal Separation?
The action for legal separation should be filed within five (5) years from the time of the occurrence of
the cause. (Article 57 Family Code of the Philippines; A.M. No. 02-11-11-SC, 15 March 2003)
26. What are the effects of Legal Separation?
1. The spouses shall be entitled to live separately from each other, but the marriage bonds shall not
be severed;
2. The absolute community or the conjugal partnership shall be dissolved and liquidated but the
offending spouse shall have no right to any share of the net profits earned by the absolute community
or the conjugal partnership;
3. The custody of the minor children shall be awarded to the innocent spouse; and
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate
succession. (Article 63 Family Code of the Philippines)