Marriage, Definition, A1 Family Code
1. Concept
Article 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 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. (52a)
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.” (Family Code, Article 1)
(a) Special contract. Marriage is a special kind of contract. Meaning, the legal provisions on contracts will apply to it by way of suppletory application if there are no specific provisions on the matter in the Family Code or Civil Code.
(b) Permanent union. As worded or designed, marriage contemplates a permanent union, i.e. it would last the lifetime of either/both of the husband and wife. Notwithstanding, and if grounds are applicable, marriages may be subject to a judicial decree of annulment or judicial declaration of nullity.
(c) Between a man and a woman. The phrase “between a man and a woman” – refers to a biological/anatomical male and female. (NB: Under the 1987 Constitution, marriage is not defined in terms of gender. It is via Article 1 of the Family Code that marriage is defined and limited to “a man and a woman”.)
(d) Purpose. Per Article 1, the purpose of marriage is “for the establishment of conjugal and family life.”
2. Foundation of the family, inviolable social institution
1) The family is built on marriage. As the family is the most basic organization in a society, marriage is considered as an inviolable social institution “whose nature, consequences, and incidents are governed by law and not subject to stipulation.”
3. Rules on marriage stipulations.
1) General rule: Not subject to stipulations by the contracting parties. Since marriage is governed by law, it is generally not subject to stipulations. Thus, while it is a contract, the parties – in this case the husband and the wife – cannot agree to a marriage duration, such as a 10-year marriage. For other contracts, stipulating on a duration is valid and acceptable; however, in a marriage contact, such an agreement is void for being contrary to law, i.e. Article 1 of the Family Code.
2) Exception: Prenuptial agreement. By way of exception, the husband and wife may stipulate on marriage settlements, a.k.a. prenuptial agreement, to fix their property relations or regimes, e.g. absolute community of property (ACP), conjugal partnership of gains (CPG), absolute separation of properties, or other forms of arrangement. Whatever property regime that they have chosen, it will subsist during the marriage and will be valid so long as it is within the rules set forth in the Family Code.
