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The Family Code covers fields of significant public interest, especially the laws on marriage.The definition and requisites for marriage, along with the grounds for annulment, are found in the Family Code, as is the law on conjugal property relations, rules on establishing filiation, and the governing provisions on support, parental authority, and adoption.
Marriage between couples of the same sex is currently not possible under the laws of the Philippines because, according to the Filipino Family Code, both family and marriage are considered as heterosexual units. The legal concept of a family in the Philippines does not incorporate homosexual relationships.
The Family Code of the Philippines defines only recognizes marriages between "a man and a woman". [1] The 1987 Constitution itself does not mention the legality of same-sex unions or has explicit restrictions on marriage that would bare same-sex partners to enter into such arrangement. [2] Laws regarding homosexuality in Asia
Persons and family relations mainly deals with the issues of family matters such as marriage, annulment and voiding of marriages, adoption, property settlements between spouses, parental authority, support for spouses and children, emancipation, legitimes (inheritance) of children from their parents and between relatives.
The Civil Code governs private law in the Philippines, including obligations and contracts, succession, torts and damages, property. It was enacted in 1950. Book I of the Civil Code, which governed marriage and family law, was supplanted by the Family Code in 1987. [2] Republic Act No. 6657: Comprehensive Agrarian Reform Code
The Civil Code would be updated through the Family Code in 1987 but the newer law did not allow for absolute divorce. [8] The Civil Code allows for divorce for Muslims for a period of twenty years. In 1977, President Ferdinand Marcos enacted the Code of Muslim Personal Laws which included absolute divorce provisions for Muslims.
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In the Philippines under the Family Code, marriages terminated through a "declaration of nullity" are void ab initio or legally never existed. [12] This are marriages lacking any: [12] Essential requisites – Legal capacity of both parties and their consent