Family Code Amendments: List of Laws
Laws that amended the Family Code: EO 227 (Arts. 26, 36, 39), RA 6809 (age of majority 18), RA 8533, RA 9255 (father's surname), RA 9858, RA 10572.
| Law | Family Code articles | What changed | What the law says | Source |
|---|---|---|---|---|
| Executive Order No. 227, July 17, 1987 | Articles 26, 36 and 39 amended | Rewrote the articles on marriages celebrated abroad and divorce obtained abroad (Article 26), psychological incapacity (Article 36) and the time to file for a declaration of nullity (Article 39), before the Family Code took effect | "SECTION 1. Article 26 of Executive Order No. 209 is hereby amended to read as follows" (Sections 2 and 3 do the same for Articles 36 and 39). Section 4: it takes effect "upon the effectivity of the Family Code of the Philippines." | Executive Order No. 227, Supreme Court E-Library |
| Republic Act No. 6809, December 13, 1989 | Articles 234 and 236 amended; Articles 235 and 237 repealed | Lowered the age of majority from 21 to 18 years | "SEC. 2. Articles 235 and 237 of the same Code are hereby repealed." Section 1 amends Article 234 and Section 3 amends Article 236. | Republic Act No. 6809, Supreme Court E-Library |
| Republic Act No. 8533, February 23, 1998 | Article 39 amended | Removed the time limit for an action or defense based on psychological incapacity | "SECTION 1. Title I, Chapter 3, Article 39 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read" | Republic Act No. 8533, Supreme Court E-Library |
| Republic Act No. 9255, February 24, 2004 | Article 176 amended | Allowed illegitimate children to use the surname of their father | "SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows" | Republic Act No. 9255, Supreme Court E-Library |
| Republic Act No. 9858, December 20, 2009 | Article 177 amended | Allowed the legitimation of children born to parents who were below marrying age | "SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read" | Republic Act No. 9858, Supreme Court E-Library |
| Republic Act No. 10572, May 24, 2013 | Articles 73 and 111 amended | Set when the absolute community or conjugal partnership answers for an obligation of a spouse who practices a profession, and allowed either spouse to dispose of exclusive property without the other's consent | "SECTION 1. Article 73 of the Family Code, as amended, is hereby further amended to read as follows"; "SEC. 2. Article 111 of the Family Code, as amended, is hereby further amended to read as follows" | Republic Act No. 10572, Supreme Court E-Library |
Notes
- Only laws whose operative text was read on the Supreme Court E-Library are listed. An exhaustive search of all republic acts was not run, so a law that amends the Family Code may still be missing.
- Two later laws deal with Family Code subjects but do not rewrite any of its articles. Republic Act No. 11596 (2021) on child marriage says, in Section 6: "Child marriage is void ab initio, and the action or defense for the declaration of absolute nullity of a child marriage shall not prescribe in accordance with Articles 35 and 39 of the Family Code of the Philippines." See Child marriage ban (RA 11596).
- Republic Act No. 11642 (2022) set up administrative domestic adoption and repealed Republic Act No. 8552 and Republic Act No. 9523. Its repealing section names no Family Code article. See How to adopt a child (RA 11642).
- Republic Act No. 9048 (correction of entries in the civil register) amends Articles 376 and 412 of the Civil Code, and Republic Act No. 10172 amends Republic Act No. 9048. Neither law amends the Family Code.
- The page of each article shows its current wording: Article 26, Article 36, Article 39, Article 73, Article 176, Article 177, Article 234 and Article 236.
- Made-up example: Ana reads an old book that says a person reaches the age of majority at 21. That was the rule before Republic Act No. 6809. Since that law, the age of majority is 18. See When does parental authority end?
- Made-up example: Paolo was born to parents who were not married and has used his mother's surname. Since Republic Act No. 9255, he may use his father's surname if the father recognized him in the ways Article 176 lists. See Illegitimate child and the father's surname. If you need help with a family case, see Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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