Executive Order No. 209 · July 6, 1987
The Family Code of the Philippines, Every Article.
Executive Order 209 — signed by President Corazon Aquino on July 6, 1987 and effective August 3, 1988 — replaced the family and marriage provisions of the Civil Code of the Philippines. It governs every Filipino marriage, annulment, child custody battle, support dispute, and inheritance question to this day.
BatasKo has organized all 254 articles by title and added plain-language ELI5 summaries to the most critical provisions. Start with Title I (marriage and annulment grounds) or Title IX (parental authority and custody).
254
Total articles
5+
With ELI5 guide
1988
In force since
Civic context — not legal advice
Why there's no divorce in the Philippines
The Philippines and Vatican City are the only two places in the world without civil divorce. This is a direct result of Art. 1 of the Family Code, which treats marriage as “an inviolable social institution” and foundation of the family.
If you need to end a marriage, your legal options under Philippine law are:
- —Annulment — declares the marriage void or voidable from the start. Does not require wrongdoing; requires specific legal grounds. You may remarry after.
- —Legal separation — allows spouses to live separately and divide property, but the marriage bond is NOT severed. You cannot remarry.
- —Declaration of nullity — for marriages void from the start (e.g., bigamy, psychological incapacity under Art. 36, no marriage license).
- —Recognition of foreign divorce — under Art. 26, paragraph 2: if your marriage was between a Filipino and a foreigner, and the foreigner validly obtains a divorce abroad, the Filipino spouse may remarry. A Supreme Court ruling (Republic v. Orbecido III, 2005) extended this even if the Filipino spouse later became a naturalized foreign citizen.
All Titles of the Family Code
All 257 articles — click any number to read the full ELI5 explanation.
Title I · Arts. 1–54
Marriage
Requisites of marriage, void and voidable marriages, rights and obligations between spouses, and the effects of a marriage ceremony. This title covers what makes a marriage valid — and what makes it void from the start.
54 articles
★ ELI5 availableTitle II · Arts. 55–67
Legal Separation
Grounds for legal separation, effects on property and custody, reconciliation, and how legal separation differs from annulment. Legal separation does NOT allow you to remarry.
13 articles
Title III · Arts. 68–73
Rights and Obligations Between Spouses
The mutual duties of husband and wife — to live together, observe love and respect, render help and support, fix the family domicile jointly, and manage the household.
6 articles
Title IV · Arts. 74–148
Property Relations Between Spouses
Absolute Community of Property (default regime), Conjugal Partnership of Gains, and Complete Separation of Property. Covers what happens to your assets — and your debts — the moment you say 'I do.' Important for OFWs with property abroad.
75 articles
★ ELI5 availableTitle V · Arts. 149–162
The Family
Family relations, the concept of the family home (protected from forced sale for ordinary debts), and who counts as part of the family under Philippine law.
14 articles
Title VI · Arts. 163–182
Paternity and Filiation
Legitimate vs. illegitimate children, how filiation is established, the rights of each, and how an illegitimate child can be legitimated. Critical for OFWs with children born out of wedlock.
20 articles
★ ELI5 availableTitle VII · Arts. 183–193
Adoption
Domestic adoption as originally written in EO 209. Note: domestic adoption is now governed by RA 11642 (Domestic Administrative Adoption Act, 2022). International adoption of Filipino children by foreigners still references these provisions.
11 articles
Title VIII · Arts. 194–208
Support
Who is legally required to give support, in what order of priority, how much, and what happens when support is not given. If your family member refuses to support you, this title is your legal anchor.
15 articles
★ ELI5 availableTitle IX · Arts. 209–233
Parental Authority
Who has parental authority over a child, how it is exercised, what it covers (custody, discipline, education), and the grounds for its suspension or termination. Central to all custody disputes.
25 articles
★ ELI5 availableTitle X · Arts. 234–237
Emancipation and Age of Majority
Emancipation occurs at age 18. Upon emancipation, a person is free from parental authority and may enter into contracts, marry with no parental consent required (Art. 14 was amended for ages 18–21 to require advice, not consent).
4 articles
Title XI · Arts. 238–253
Summary Judicial Proceedings in Family Law
Streamlined court procedures for guardianship of minors and incompetents, custody disputes, and other family matters that need a faster resolution than ordinary civil proceedings.
16 articles
Title XII · Arts. 254–257
Final Provisions
Repealing clause (this Code replaced the Civil Code provisions on persons and family relations), effectivity date (August 3, 1988), and transitory provisions for marriages and pending cases under the old Civil Code.
4 articles
Legend
Plain-language guides
6 Provisions Every Filipino Should Know
These are the articles that come up in almost every family law question — annulment, custody, property, support.
What Marriage Is Under Philippine Law
Permanent. Inviolable. Indissoluble.
Marriage is a special contract between a man and a woman who agree to live together as husband and wife. Philippine law treats it as the foundation of the family and society — which is exactly why the Philippines has NO divorce. Once you're married, you're married. Your options are limited to annulment, legal separation, or Art. 26 (for mixed-nationality couples).
Source: EO 209, Art. 1
Psychological Incapacity — The Annulment Ground Everyone Talks About
Void marriage, not divorce.
If one or both spouses were psychologically incapable of fulfilling the essential obligations of marriage AT THE TIME of the wedding (not after), the marriage can be declared void from the start. The Supreme Court has clarified in Tan-Andal v. Andal (2021) that psychological incapacity is a legal — not just medical — concept. You don't need a psychiatrist's diagnosis. But it's still hard to prove, expensive, and takes years in court.
Source: EO 209, Art. 36; SC GR No. 196359 (2021)
Voidable Marriage Grounds
Valid until annulled — very different from void.
A voidable marriage is VALID until a court says otherwise. Grounds include: either party was 18-21 and married without parental consent; either party was of unsound mind; consent was obtained through fraud (e.g., hiding pregnancy by another man); consent was obtained through force, intimidation, or undue influence; either party was physically incapable of consummating the marriage; or either party had a sexually transmissible disease found to be serious and incurable.
Source: EO 209, Art. 45
What Happens to Property When You Marry
Default: absolute community. Everything becomes shared.
If you signed NO prenuptial agreement before marrying, you're under Absolute Community of Property (ACP). That means almost everything you own — property acquired before AND during the marriage — becomes co-owned with your spouse. The old default (Conjugal Partnership) only pooled property acquired DURING the marriage. You can choose any regime via a marriage settlement (prenup) before the wedding. Once married, you cannot change it without a court order.
Source: EO 209, Arts. 75, 88–104
Support — Who Owes Whom, and in What Order
You cannot legally abandon your family.
Support covers everything a person needs to survive: food, clothing, shelter, medical care, and education. The law sets a strict order: spouses support each other first; then parents and children; then siblings. If your husband, wife, or parent refuses to support you, you can file a petition in court. Failure to give legally required support is also a ground for legal separation. For OFWs: remittance abandonment can be charged criminally.
Source: EO 209, Arts. 194–195
Parental Authority — Who Gets the Child in a Custody Dispute
Children under 7: with the mother. No exceptions unless she's unfit.
In custody disputes, children under 7 years old must stay with their mother — this is called the maternal preference rule. The court can only override this if the mother is proven unfit (e.g., drug use, abuse, serious neglect). For children over 7, the court asks the child's preference and weighs the best interests of the child. The father doesn't automatically get custody just because he earns more money.
Source: EO 209, Art. 213
Mandatory section
For OFWs / Para sa OFW
The Family Code follows you abroad. Whether you're in Riyadh, Hong Kong, London, or Toronto — your marriage, your children's filiation, your property rights, and your support obligations are still governed by Philippine law. Here's what you need to know.
- —Art. 26, paragraph 2 — Your foreign divorce rightIf your spouse is a foreigner (or has become a foreign national) and they obtain a valid divorce abroad, you — the Filipino spouse — can file a petition for recognition of that foreign divorce in Philippine courts. Once recognized, you may legally remarry in the Philippines. This was clarified in Republic v. Orbecido III (GR No. 154380, 2005) and further expanded in subsequent Supreme Court rulings.
- —Property relations when one spouse is OFWUnder Absolute Community of Property (the default regime), remittances sent home and property purchased abroad with OFW earnings are generally part of the community property. If your marriage is under Conjugal Partnership of Gains, only assets acquired during the marriage through your earnings are conjugal. Consult a lawyer before buying property abroad if your marriage is under ACP — your spouse co-owns it.
- —Support enforcement from abroadIf you are obligated to give support (Arts. 194–195) but you're an OFW, the Philippine court can order your employer, bank, or remittance center to remit support directly. Failure to give legally required support while abroad can result in criminal charges under RA 9262 (if the victim is a woman or child) or under the Revised Penal Code for economic abandonment.
- —Parental authority while deployedAn OFW parent does not automatically lose parental authority just because they're abroad (Art. 209). However, if you've been absent for an extended period and the other parent or a relative has been raising the child, courts may adjust custody arrangements based on the best interests of the child — especially once you return.
- —POLO and Philippine embassies for family law issuesPOLO (Philippine Overseas Labor Office), based in Philippine embassies and consulates, handles labor and welfare issues. For family law matters (annulment, custody, support), you need a Philippine lawyer and may need to appear in Philippine court. The Public Attorney's Office (PAO) can assist indigent Filipinos. Some consulates also offer notarization and documentation services for legal proceedings back home.
Sources
Legal disclaimer: BatasKo provides general legal information, not legal advice. This content is for civic education only. For advice on your specific family law situation — annulment, custody, support, property — consult a licensed Filipino lawyer or the Public Attorney's Office (PAO).