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To most of the Filipino population, annulment is the only legal recourse to dissolve marital unions. Muslims who married under Islamic rites can divorce. The annulment process and prerequisite under Philippine civil law are defined under the Family Code of the Philippines. [28]
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.
Laws applied Section 1, Paragraph 18, Article III, Constitution of the Philippines Cañizares ,(109 Phil. 273, G.R. No. L-12790) is a 1960 landmark decision of the Supreme Court of the Philippines which declares that the presumption of impotency is not valid for filling a annulment of marriage.
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.
Philippine law does not provide for divorce inside the country since 1950, and it remains the only UN member state without legal provision for divorce. The only exception is concerning Muslims , who are allowed to divorce in certain circumstances according to their religion.
The United States would take over the Philippines after the conclusion of the Spanish–American War. During this period Act No. 2710, or the Divorce Law, became law on March 11, 1917. The legislation provided for divorce a vinculo matrimonii or absolute divorce. Divorce permissibility was fault-based, with the following prerequisite. [7]
The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments. [citation needed]
Since 1946, the laws passed by the Congress, including legal codes, have been titled Republic Acts. [b] While Philippine legal codes are, strictly speaking, also Republic Acts, they may be differentiated in that the former represents a more comprehensive effort in embodying all aspects of a general area of law into just one legislative act.