Corazon Aquino implemented the Family Code through Executive Order 209 to modernize marriage and family relations law in her country, with the goal of strengthening families as essential social institutions while furthering gender equality.
It outlines grounds for annulment and legal separation as well as marital domicile and property regimes.
Marriage
The Philippine Family Code covers laws regarding marriage and requires both spouses to support each other financially and share household responsibilities together. Furthermore, it outlines grounds for divorce or legal separation, with these provisions intended to promote family stability and security while simultaneously offering guidance to young adults living alone.
Article 34 of the Philippine Family Code offers an expedited marriage process to couples who have cohabited for five years or longer, yet it’s crucial that individuals understand all of its conditions.
Notably, the writers of Philippine law were aware of the fact that many Filipinos live together without getting married – an indication of both practicality and understanding of Philippine customs. Furthermore, grave lack of discretion of judgment rather than psychological incapacity has now become the basis for marriage nullity in civil courts of the country – leaving open avenues of abuse.
Divorce
Family is one of the primary social institutions. While all families may differ in many aspects, there are common threads when it comes to family law that apply to spouses and children rights.
Under Article 225 of the Civil Code, children conceived during marriage are considered legitimate and can be given parental rights as per Article 215. This rule applies both for Filipino marriages as well as marriages between Filipinos and foreign citizens. Visitorial rights must also be given so as to monitor his wellbeing as a parent.
The argument put forward by the dissenters, that the Court should reread Manalo and widen its application, is fallacious as Article 26, Paragraph 2 already stipulates that an valid divorce decree obtained by an alien spouse may be recognized in the Philippines as such.
Separation
The Family Code allows for legal separation, which permits spouses to live apart while remaining legally married. Furthermore, it safeguards rights and obligations associated with marriage as well as possible support payments or maintenance orders.
Article 34 provides a simplified marriage process for long-term cohabitating couples who meet certain conditions, including five years of cohabitation without legal obstacles, to encourage them to consider marriage as a serious commitment.
The Family Code contains provisions designed to promote gender equality and modernize the legal framework for marriage and family relations in the Philippines, yet their progressivity has been undermined by ineffective implementation of its provisions. Particularly problematic has been its application of “grave lack of discretion of judgment” as a ground for annulment; this interpretation fails to recognize all possible reasons someone cannot fulfil essential rights and responsibilities of marriage; further victimizing women by locking them into abusive partnerships or those led by deadbeat fathers.
Cohabitation
The Philippine Family Code, signed into law by President Corazon Aquino in 1987, serves as its core law pertaining to family relationships in the country. This legislation covers marriages, legal separations, property relations between spouses, parental authority issues and essential requisites of marriage among other aspects.
In a society that remains highly patriarchal in many aspects, the Family Code seeks to promote gender equality and ensure children’s welfare. It grants parents rights and duties with regards to caregiving for their children while at the same time setting clear limits to prevent abuse, neglect and exploitation of any kind.
The Family Code also sets forth a cohabitation agreement, similar to a prenuptial contract but for couples living together without getting married. In order to qualify for this type of contract, couples must have lived as husband and wife for five years without legal impediments to marriage, such as prohibited degrees of consanguinity or affinity between themselves and any legal barriers to their union.