This document provides an overview of family relations topics for OFWs including marriage, support obligations, and parental authority. It defines marriage under Philippine law and outlines the essential and formal requisites for a valid marriage. It discusses support obligations between spouses, parents and children, and siblings. Parental authority is defined as caring for and developing children's moral, mental, and physical well-being. The document outlines rules regarding the joint exercise of parental authority and child custody in cases of parental separation.

1. OFW FAQS ON FAMILY
RELATIONS
PRE-DEPLOYMENT TRAINING AND
IMMERSION PROGRAM OF POLO
PERSONNEL

2. TOPIC OUTLINE
I. MARRIAGE IN GENERAL
II. SUPPORT
III. PARENTAL AUTHORITY

3. Q: What is marriage?
 A: 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 the Family Code.
(Art. 1, FC)

4. Q: What are the requisites of a valid
Marriage?
 Essential Requisites:
1. Legal Capacity
2. Consent freely given in the presence of the
solemnizing Officer
 Formal Requisites:
1. Marriage Ceremony
2. Authority of the Solemnizing Officer
3. Valid marriage license.

5. Q: What constitute a valid marriage
Ceremony?
 A: That which takes place with the:
1. appearance of the contracting parties
before the solemnizing officer and
2. their personal declaration that they shall
take each other as husband and wife
3. in the presence of not less that 2
witnesses of legal age.
 NB: No particular form of ceremony or
religious rite is required by law.

6. Q: Who are authorized to solemnize
marriage?
A:
 Under ordinary circumstances:
a. Incumbent judiciary member – provided, within the
court’s (his) jurisdiction
b. Priest, rabbi, imam or minister of any church/religious
sect duly authorized – provided at least one of the
parties belongs to such church or religious sect.
c. Consul general, consul or vice‐consul – provided both
parties are Filipinos and marriage takes place abroad.
d. Mayors (Arts 444 and 445 of LGC)
 Note: Includes “Acting Mayor”

7.  Marriages in articulo mortis:
a. Ship captain or airplane chief – provided the marriage is
performed:
i. During voyage, even during stopovers
ii. Between passengers or crew members
b. Military commander of a unit who is a commissioned officer –
provided the marriage is performed:
i. In absence of chaplain;
ii. Within zone of military operation;
iii. Between members of the armed forces or civilians

8. Q: What is the status of marriages between Filipinos
solemnized abroad in accordance with the law in force in
said country?
 A: General Rule: Marriages between
Filipinos solemnized outside the Philippines
in accordance with the law of the foreign
country where it is celebrated, if valid there,
shall be valid here as such.

9.  Exception: It shall be void, even if it is valid in the foreign
country where the marriage was celebrated, if any of the
following circumstances are present:
 Lack of legal capacity even with parental consent (e.g. party is below 18);
 Incestuous;
 Contracted through Mistake of one party as to the identity of the other;
 Contracted following the annulment or declaration of nullity of a previous
marriage but Before partition, etc.;
 Bigamous or polygamous except in cases of terminable bigamous marriages;
 Void due to Psychological incapacity;
 Void for reasons of Public policy

10. Q: If a person contracts a subsequent marriage during the
subsistence of a prior marriage, what is the status of the
subsequent marriage?
A:
 General Rule: Void for being bigamous or
polygamous.
 Exception: Valid if it is a terminable bigamous
marriage.

11. BIGAMOUS MARRIAGE

12. Q: When is a marriage considered
bigamous?
 A: It is when a person contracts a second or
subsequent marriage before the former
marriage has been legally dissolved, or before
the absent spouse has been declared
presumptively dead by means of judgment
rendered in the proper proceedings. (Art. 349,
RPC)
 NB: The same applies to polygamy.

13. Q: May a person contract a valid subsequent marriage
before a first marriage is declared void ab initio by a
competent court?
 A: No. The Supreme Court has consistently
held that a judicial declaration of nullity is
required before a valid subsequent marriage
can be contracted; or else, what transpires is a
bigamous marriage, reprehensible and
immoral. Article 40 of the Family Code
expressly requires a judicial declaration of
nullity of marriage. (In re: Salvador v. Serafico,
A.M. 2008‐20‐SC, Mar. 15, 2010)

14. Q: What are the special cases when
subsequent marriage is allowed?
A:
 Marriage between a Filipino and a foreigner and
procurement by the alien spouse of a valid divorce
decree abroad, capacitating him/her to remarry.
 Terminable bigamous marriages (Art. 41)

15. Q: In what cases may a person enter into a valid
subsequent marriage during the subsistence of a
prior marriage?
A: In case of terminable bigamous marriages. If before the
celebration of the subsequent marriage:
 The Absent spouse had been absent for 4 consecutive years (ordinary
absence) or 2 consecutive years (extra‐ordinary absence);
 The present spouse has a well‐founded Belief that the absent spouse is
already dead;
 There is judicial Declaration of presumptive death in a summary
proceeding.

16. SUPPORT
Relevant Provisions on

17. Q: What is support?
A: It comprises everything indispensable for
sustenance, dwelling, clothing, medical
assistance and transportation, in keeping with
the financial capacity of the family, including the
education of the person entitled to be supported
until he completes his education or training for
some profession, trade or vocation, even beyond
the age of majority. (Art. 194, FC)

18. Q: What comprises support?
A: Support comprises of everything indispensable for:
Sustenance
 Dwelling
 Clothing
 Medical attendance
 Education – includes schooling or training for some
profession, trade or
 Transportation – includes expenses going to and
from school, or to from place of work

19. Q: What are the rules on the
amount of support?
A: Amount of support shall be in proportion to
the resources or means of the giver and to the
necessities of the recipient. It shall be
increased or reduced proportionately,
according to the increase/reduction of
necessities of the recipient and the resources
of the person obliged.

20. Q: Who are persons obliged to
support each other?
A:
Spouses;
Legitimate ascendants & descendants;
Parents and their legitimate children, and the
legitimate and illegitimate children of the latter;
Parents and their illegitimate children, and the
legitimate and illegitimate children of the latter;
Legitimate brothers and sisters whether full or
half‐blood.

21. Q: When is the obligation to give
support demandable?
A: From the time the person who has a right to
receive support needs it for maintenance.
NB: The right to support does not arise from mere fact of
relationship but from imperative necessity without
which it cannot be demanded. The law presumes that
such necessity does not exist unless support is
demanded.

22. Q: What are the options given to
persons giving support?
A:
 To Give a fixed monthly allowance; or
 To Receive and maintain the recipient in the
giver’s home or family dwelling.

23. Q: Are illegitimate children entitled
to support?
 Under the law, illegitimate children are
entitled to be supported. (Silva vs.
Peralta, 2 SCRA 1025)

24. Parental Authority

25. Q: What does parental authority
include?
A: It shall include:
 Caring for and rearing of such children for civic
consciousness and efficiency;
 Development of their moral, mental and physical
character and well‐being.

26. Q: What are the rules as to the
exercise of Parental Authority
A:
1. The father and the mother shall jointly exercise
parental authority over the persons of their
common children
In case of disagreement: Father’s decision
shall prevail unless otherwise decreed by the
court.
2. If the child is illegitimate, parental authority is
with the mother.

27. Q: Who shall exercise parental authority in case
of legal or de facto separation of parents?
 A: Parent designated by the Court.
Q: What is the rule as to the custody of a child
below 7 years of age?
General Rule: No child below 7 years of age shall be
separated from the mother
Exception: When the court finds compelling
reasons to consider otherwise

28. Q: What is meant by parental
preference rule?
A: The natural parents, who are of good
character and who can reasonably
provide for the child are ordinarily
entitled to custody against all persons.

29. Q: If the parents are separated de facto, who
between them has custody over their child/children?
A: In the absence of a judicial grant of custody to
one parent, both are entitled to the custody of
their child/children.
The parent who has been deprived of the rightful custody
of the child may resort to the remedy of habeas corpus.
(Salientes v. Abanilla, G.R. No. 162734, Aug. 29, 2006)

30. THANK YOU & BON
VOYAGE
PRE-DEPLOYMENT TRAINING AND
IMMERSION PROGRAM OF POLO
PERSONNEL
20 JUNE 2014
Atty. Romeo M. Montefalco, Jr.
Legal Service