Law School: Family Code of the Philippines List of Landmark Cases

[salbahis]

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Under Article 2 sa FC, there are two: (1) legal capacity and (2) consent freely given in the presence of the solemnizing officer.

Normally, legal capacity means that the parties must be at least eighteen years of age at the time of the marriage; one is a male and the other a female; and their relationship is not incestuous (Article 37) or void against public policy (Article 38 ), e.g., a marriage between a step-parent and a step-children.

But if one of the party has been previously married, then that party also has to obtain a judicial declaration of the nullity of his previous marriage (Article 40) before he can contract a subsequent marriage. Failure to do so will render the subsequent marriage void.

i think wala ta nag kasinabot, sa Republic vs. Molina, essential marital obligations was mention multiple times

that Reynaldo had thus shown that he was psychologically incapable of complying with essential marital obligations and was a highly immature and habitually quarrel some individual who thought of himself as a king to be served; and that it would be to the couple's best interest to have their marriage declared null and void in order to free them from what appeared to be an incompatible marriage from the start.

Source: G.R. No. 108763

my understanding is it was meant to describe actions that both couple should do, sa ako lang pud sabot is that consummation of a marriage is also one of those considered as essential marital obligations... you see im more interested on this for personal reason...

i hope you could enlighten me.. if im wrong on assumptions on this issue...

[TristanE]

My bad, Im sorry. The essential marital obligations referred here is the 6th guideline established in this case:

(6)The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision.

Articles 68 to 71 of the Family Code are:

Rights and Obligations Between Husband and Wife

ARTICLE 68.The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. (109a)

ARTICLE 69.The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.
The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. (110a)

ARTICLE 70.The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from their separate properties.

ARTICLE 71.The management of the household shall be the right and duty of both spouses. The expenses for such management shall be paid in accordance with the provisions of Article 70.

Articles 220, 221 and 225 as stated on the 6th guideline:

Effect of Parental Authority Upon the Persons of the Children
ARTICLE 220.The parents and those exercising parental authority shall have with respect to their unemancipated children or wards the following rights and duties:

(1)To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;

(2)To give them love and affection, advice and counsel, companionship and understanding;

(3)To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship;

(4)To enhance, protect, preserve and maintain their physical and mental health at all times;

ARTICLE 221.Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. (2180(2)a and (4)a)

Effect of Parental Authority Upon the Property of the Children

ARTICLE 225.The father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

[salbahis]

no problem, gracias now thats what im looking i think ive overlooked that da...

[trollolol]

i think wala ta nag kasinabot, sa Republic vs. Molina, essential marital obligations was mention multiple times



Source: G.R. No. 108763

my understanding is it was meant to describe actions that both couple should do, sa ako lang pud sabot is that consummation of a marriage is also one of those considered as essential marital obligations... you see im more interested on this for personal reason...

i hope you could enlighten me.. if im wrong on assumptions on this issue...

It is an essential marital obligation as clearly established in the Chi Ming Tsoi case.

Evidently, one of the essential marital obligations under the Family Code is "To procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage."


And again in

G.R. No. 173138 – NOEL B. BACCAY, petitioner –versus– MARIBEL C. BACCAY and REPUBLIC OF THE PHILIPPINES, respondents.


The consummation of the marriage, on the other hand, is an essential marital obligation. Marriage is entered into for the establishment of conjugal and family life; its consummation is not only an expression of the couple’s love for each other, but is also a means for procreation.That the Court nullified a marriage due to the husband’s obstinate and unjustified refusal to have intimate sexual relations with his wife indicates that the consummation of the marriage is considered an essential marital obligation.

But like all essential marital obligations, non compliance is not absolute proof of psychological incapacity.

[salbahis]

exactly what i pointed on my last 2 post, consumation... while on Chi Ming Tsoi case it was failure to consummate the marriage since the spouse is still a virgin...

which leads me to another one, will asexuality constitute failure to consummate the marriage? ive asked this sa abogado apparently wala naman siya naka reply...

[TristanE]

exactly what i pointed on my last 2 post, consumation... while on Chi Ming Tsoi case it was failure to consummate the marriage since the spouse is still a virgin...

which leads me to another one, will asexuality constitute failure to consummate the marriage? ive asked this sa abogado apparently wala naman siya naka reply...

asexuality by itself may not be considered as psychological incapacity, but taken together with other defects, it may be used as basis for declaration of psychological incapacity. you could say as a result of his/her asexuality, he/she is incapacitated to perform his marital obligations. you just have to prove that these defect results in the spouse’s incapacity to perform his marital obligations.