Article 1 of the Family Code: What marriage is
Status: In force
What does Article 1 say?
Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.
What does it mean in plain language?
Article 1 of the Family Code says what marriage is in Philippine law: a special contract of permanent union between a man and a woman, entered into in accordance with law, to establish conjugal and family life. It is the foundation of the family and an inviolable social institution. The law, not the couple, decides its nature and effects. The couple may only agree on their property relations, through marriage settlements.
How does it work in real life?
Ana and Ben: a contract with an end date
Before their wedding, Ana and Ben write an agreement saying their marriage will end by itself after five years if either of them wants out. Under Article 1, the nature and consequences of marriage are not subject to stipulation, so this clause cannot change what the law says about their marriage.
Carmela and Dodong: a prenuptial agreement
Carmela and Dodong sign a marriage settlement before the wedding choosing complete separation of property. Article 1 allows this, because marriage settlements may fix the property relations during the marriage within the limits of the Code.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- For what makes a marriage void or voidable when a requisite is missing, see Article 4.
- For the papers needed to get married, see marriage license requirements.
- For marriage settlements, see prenuptial agreements in the Philippines.
- For the duties the law sets for spouses, see duties of husband and wife.
- For a copy of a marriage record, see the guide to the PSA marriage certificate.
- See also the topic page on getting married.
What does Article 1 say?
Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.
What are the parts of the definition?
- A special contract. Marriage begins with the free consent of the two parties, but it is not an ordinary contract. Its terms come from the law.
- Of permanent union. The Code describes marriage as a union meant to last, not one for a set period.
- Between a man and a woman. Article 2 repeats this: the contracting parties must be a male and a female.
- Entered into in accordance with law. The essential requisites are in Article 2 and the formal requisites, such as the license and the ceremony, are in Article 3.
- For conjugal and family life. The purpose is a shared life as spouses and as a family.
- An inviolable social institution. Marriage is the foundation of the family, and the State treats it as more than a private deal between two people.
What can a couple agree on, and what can they not?
Article 1 draws a clear line:
| Matter | Can the couple set it by agreement? |
|---|---|
| The nature, consequences and incidents of marriage (for example, the duties of the spouses) | No. They are governed by law and not subject to stipulation. |
| The property relations during the marriage | Yes, through marriage settlements, within the limits of the Family Code. |
The property choices are in Article 75: the future spouses may choose absolute community, conjugal partnership of gains, complete separation of property or another regime. If they sign no marriage settlement, or the regime they chose is void, absolute community of property applies.
How has the Supreme Court used Article 1?
In Silverio v. Republic (2007), the Court cited Article 1 when it described marriage as a special contract of permanent union between a man and a woman. It added that one of the essential requisites of marriage is the legal capacity of the contracting parties, who must be a male and a female.
Which Supreme Court rulings are relevant?
Frequently asked questions
How does the Family Code define marriage?
Article 1 says marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution.
Can a couple set their own rules for their marriage by contract?
Only for property. Article 1 says the nature, consequences and incidents of marriage are governed by law and not subject to stipulation. The one exception is that marriage settlements may fix the property relations during the marriage, within the limits of the Family Code.
Why is marriage called a special contract?
It starts with the consent of the two parties, like a contract. But unlike an ordinary contract, its nature, consequences and incidents are set by law, and the parties cannot change them by agreement.
Has the Supreme Court applied Article 1?
Yes. In Silverio v. Republic (2007), the Court cited Article 1 and said that one of the essential requisites of marriage is the legal capacity of the contracting parties, who must be a male and a female.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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