Karapatan sa Pamilya
Family Rights Philippines: Annulment, Marriage, and the Family Code.
Annulment costs ₱200,000 and takes 3–5 years. Legal separation doesn't let you remarry. Your property might be conjugal even if you bought it before the wedding. And your children stay legitimate no matter what.
The Family Code of the Philippines (Executive Order No. 209, 1987) governs marriage, annulment, property regimes, custody, and legitimacy. Most Filipinos learn these rules the hard way — by going through them without knowing their rights. BatasKo explains every provision in plain language, so you know before you need to know.
ELI5 — The short version
In the Philippines, there is no divorce. Annulment is the closest equivalent — but it requires proving specific legal grounds (not just irreconcilable differences), costs significant money, and goes through the Regional Trial Court. The Family Code sets all the rules: who can annul, what happens to the kids, how property is divided, and what rights survive the separation. Knowing the law before you file — or before your spouse files — is the difference between being protected and being blindsided.
Complete primary source
E.O. 209 — The Family Code of the Philippines, all 254 articles.
Every article from marriage validity to parental authority — indexed with plain-language ELI5 summaries. The law, explained for every Filipino.
Browse all 254 articles of the Family Code →These 8 provisions are what every Filipino in a troubled marriage — or about to enter one — needs to understand first.
8 Family Code provisions every Filipino should know
Whether you're married, live-in, or going through annulment — these are the rules that govern your property, your children, and your future.
Grounds for annulment
Arts. 45–47, Family Code
There are only 6 grounds for annulment under Philippine law. Incompatibility, falling out of love, and infidelity are NOT among them.
Psychological incapacity (Art. 36)
Art. 36, Tan-Andal v. Andal (2021)
After the 2021 Tan-Andal ruling, psychological incapacity is a legal, not medical, concept. No psychologist required. But the court still decides.
Property rights in marriage
Arts. 75, 91–92, Family Code
Without a pre-nup, you're under Absolute Community of Property (ACP) — most assets acquired before AND during marriage are jointly owned.
Children remain legitimate
Art. 54, Family Code
Annulment does NOT make your children illegitimate. Children born before the decree are always legitimate — their rights to support and inheritance are intact.
Legal separation ≠ annulment
Arts. 55–67, Family Code
Legal separation separates property and allows you to live apart — but the marriage bond remains. You CANNOT remarry after legal separation.
Live-in partner property rights
Arts. 147–148, Family Code
Live-in couples build property rights too. Art. 147 (both free to marry) and Art. 148 (one or both not free) set different rules for property division.
OFW can file annulment from abroad
A.M. No. 02-11-10-SC, RA 10022
You don't have to be physically present in the Philippines to file for annulment. A Special Power of Attorney (SPA) lets your lawyer represent you throughout.
Spouse cannot sell conjugal property alone
Arts. 96, 124, Family Code
Under ACP or CPG, both spouses must consent to the sale of conjugal property. A sale without the other spouse's consent is voidable — it can be annulled in court.
Applies to all Filipinos regardless of religion · Muslim Filipinos are covered by the Code of Muslim Personal Laws (P.D. 1083)
All Family Rights articles
Annulment Filed by Spouse: Your Rights as Respondent
Nagfile ng annulment ang asawa mo — huwag mag-panic. Bilang respondent, may karapatan kang tumutol at protektahan ang iyong ari-arian.
Read now →Psychological Incapacity sa Annulment: Paano Mapatunayan?
Hindi 'baliw' o 'masamang asawa.' Ang 2021 Tan-Andal ruling ay nagbago ng lahat — hindi na kailangan ng mahal na psychologist.
Read now →Annulment Kahit Walang Alam ang Asawa: Summons by Publication
Hindi mo kailangang mahanap ang iyong asawa para mag-file ng annulment. Summons by publication ang solusyon.
Read now →Property Before Marriage Philippines: Mapupunta Ba sa Kabiyak?
Sa ilalim ng ACP, ang mga ari-ariang binili BAGO ang kasal ay maaaring kasama sa community property. Alamin ang ACP vs CPG.
Read now →Legitimate Pa Ba ang Anak After Annulment Philippines?
Oo — ang mga anak na ipinanganak bago ang annulment decree ay nananatiling legitimate. Hindi nagbabago ang annulment ng katayuan ng mga anak.
Read now →Legal Separation vs Annulment: Ano ang Pagkakaiba?
Legal separation ay HINDI nagbubuwalag ng kasal. Hindi ka makakapag-asawa ulit. Ang annulment lang ang nagwawakas ng kasal.
Read now →OFW Abroad: Pwede Bang Mag-file ng Annulment sa Pilipinas?
Oo — pwede kang mag-file ng annulment kahit nasa ibang bansa ka. Kailangan mo lang ng abogado at Special Power of Attorney (SPA).
Read now →Live-in Partner Property Rights Philippines: Ano ang Karapatan Mo?
Live-in kayo, hindi kasal — may karapatan ka pa rin sa ari-arian na pinagsamang pinagal. Alamin ang Arts. 147 at 148.
Read now →Annulment Decree PSA Registration: Step-by-Step Guide
May annulment decree na pero hindi pa naka-register sa PSA? Delikadong mag-asawa ulit bago matapos ang registration — alamin ang tamang proseso.
Read now →Asawa Nagbenta ng Lupa Without Consent: Valid Ba ang Benta?
Hindi pwedeng ibenta ng isang asawa ang conjugal property nang walang pahintulot ng isa pa. Ang naturang benta ay voidable — maaaring ipawalang-bisa.
Read now →Para sa mga OFW
For OFWs / Para sa OFW
Family law issues don't pause when you cross a border. Many of the 11 million Filipinos working abroad are navigating annulment, property disputes, and custody fights from thousands of kilometers away. Here's what the law provides:
- You can file for annulment in the Philippines even if you're abroad — a Special Power of Attorney (SPA) lets your lawyer act on your behalf. You only need to appear for your own testimony, which courts now increasingly allow via video conference.
- Under RA 10022, OFWs are entitled to assistance from POLO (Philippine Overseas Labor Office) for family-related emergencies including child custody crises abroad.
- If your spouse is selling conjugal property while you're overseas, the sale is voidable without your written consent (Arts. 96 and 124, Family Code). You can file an action to annul the sale even from abroad.
- OFW remittances that your spouse or family are spending are still considered support obligations — courts can issue orders to compel support even for overseas spouses.
- For Muslim OFWs: the Code of Muslim Personal Laws (P.D. 1083) applies to your marriage and family matters, not the Family Code. Contact the Shari'a court in your province.
Who handles what
RTC Family Court
All annulment and legal separation petitions, custody disputes, support orders, and nullity cases
File through any RTC in your province of residence
PSA
Civil registry — marriage certificates, birth certificates, and annotation of annulment decrees. Required for all post-annulment documentation.
psa.gov.ph · civil.registration.psa@gmail.com
PAO
Free legal representation for annulment, legal separation, and custody cases for indigent Filipinos (income below ₱24,000/month for NCR)
pao.gov.ph · 02-8929-9436
DSWD
Child custody cases, DSWD social worker reports required in annulment proceedings involving minor children
dswd.gov.ph · 8-951-7111
Sources
- 01.Executive Order No. 209 (Family Code of the Philippines), as amended, batasko.com/laws/family-code
- 02.Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021 (Supreme Court of the Philippines), sc.judiciary.gov.ph
- 03.A.M. No. 02-11-10-SC — Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, Supreme Court of the Philippines
- 04.Philippine Statistics Authority — Civil Registration and Vital Statistics, psa.gov.ph
Legal disclaimer: BatasKo provides general legal information, not legal advice. This content is for civic education only. For advice on your specific annulment, custody, or family law situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO).