statutes E.O. No. 209, FAMILY CODE

Family Code of the Philippines

## Family Code of the Philippines (E.O. No. 209, as amended by R.A. 8533)

- **Art. 1.** 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. - **Art. 2.** No marriage shall be valid, unless these essential requisites are present: (1) legal capacity of the contracting parties; (2) consent freely given in the presence of the solemnizing officer. - **Art. 5.** Formal requisites of marriage. - **Art. 9.** A marriage license is required except in cases provided for in Chapter 2. - **Art. 35.** Void marriages (e.g., bigamous/polygamous marriages not falling under Art. 41, incestuous, void by public policy, psychological incapacity cases under Art. 36 declared by final judgment). - **Art. 36.** A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. - **Art. 45.** Voidable marriages (lack of parental consent, insanity, fraud, force/intimidation/undue influence, impotence, sexually transmissible disease). - **Art. 46.** Fraud as a ground: non-disclosure of pregnancy by another man, concealment of STI, concealment of drug addiction/habitual alcoholism/homosexuality, concealment of prior conviction of a crime involving moral turpitude. - **Art. 68–73.** Rights and obligations between husband and wife; **Art. 211.** Parental authority; **Art. 220.** Duty of parents.

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