Barangay Agreement to End Marriage: Is It Legal?

Only in the Philippines will you hear about couples going to the barangay to enter in an agreement terminating their marriage and allowing each other to live with someone else—allegedly without violating any law. This long-standing practice has been an informal way for estranged spouses to part ways without going through legal proceedings. But is such an agreement valid? Does it have any legal effect on marriage? Since it’s the love month, let’s clarify the legal consequences of this arrangement and why it holds no weight under Philippine law.

Marriage, as defined under Article 1 of the Family Code of the Philippines, is a special contract of permanent union between a man and a woman entered into in accordance with the law for the establishment of a conjugal and family life. It is the foundation of a basic and inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulations, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. The law provides specific grounds for legal separation, annulment, and declaration of nullity of marriage—each with distinct legal consequences.

Grounds for Legal Separation, Annulment, and Nullity of Marriage

Under Article 55 of the Family Code, a petition for legal separation may be filed based on the following grounds:

• Repeated physical violence or grossly abusive conduct

• Drug addiction or habitual alcoholism

• Sexual infidelity or perversion

• Attempt to corrupt or induce a spouse to engage in prostitution

• Bigamy

• Homosexual acts of a spouse

• Abandonment without justifiable cause for more than one year

Unlike annulment or nullity, legal separation does not dissolve the marriage but allows spouses to live independently while remaining fairly married.

A marriage may be annulled under Article 45 of the Family Code if:

• Either party was 18 to 21 years old at the time of marriage and did not have parental consent

• Either party was of unsound mind

• Consent was obtained through fraud, force, intimidation, or undue influence

• One spouse is physically incapable of consummating the marriage

• One spouse has a sexually transmissible disease found to be serious and incurable

Meanwhile, a nullity of marriage declaration may be sought under Article 35, Article 36, 37, and Article 38 of the Family Code when a marriage is deemed void from the beginning due to:

• One or both parties being under 18 years of age, even with parental consent

• The absence of a valid marriage license

• A marriage solemnized by an unauthorized person

• Bigamous or polygamous marriages

• Mistaken identity in marriage

• Psychological incapacity (Art. 36)

• Incestuous Marriage (Art, 37)

• Void Marriages by Reason of Public Policy (Art. 38)

Legal Consequences of Barangay Agreements

An agreement before the barangay trying to dissolve a marriage is not only legally ineffective but may also serve as evidence of collusion between spouses to fabricate grounds for annulment or nullity. Under Article 48 of the Family Code, the prosecuting attorney or the designated prosecutor, is required to investigate possible collusion in petitions for nullity or annulment. Any attempt by spouses to mutually end their marriage without proper legal grounds can be used against them in court.

Likewise, such an agreement does not vindicate either partner from legal liability. Any extramarital relationship that follows could lead to criminal charges such as adultery (Article 333, Revised Penal Code) or concubinage (Article 334, Revised Penal Code). Engaging in an extramarital affair even after signing a barangay agreement does not give impunity from prosecution.

Also, remarrying without legally dissolving the first marriage constitutes bigamy, which is punishable under Article 349 of the Revised Penal Code. The crime of bigamy applies when a person contracts a second marriage while the first marriage is still valid and subsisting.

Moreover, violations of Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004) may also arise in these situations. Psychological abuse, such as coercing a spouse into an agreement that unjustly deprives them of marital and parental rights, can be penalized under this law.

Constitutional and Social Implications

Beyond legal consequences, this practice also goes against the constitutional protection of marriage and the family. The 1987 Philippine Constitution, Article XV, Section 2, emphasizes that "marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State." Allowing barangay-mediated separations disregards this protection and undermines the legal and moral fabric of the family unit.

Conclusion

The long-standing practice of executing a barangay agreement to end a marriage is not only illegal but also pointless under the law. It does not dissolve the marital bond and could even result in criminal or civil liability. Couples seeking to end their marriage must go through proper legal channels, ensuring that their actions align with both the law and the principles of justice. Before signing anything, seek proper legal advice—because when it comes to marriage, shortcuts often lead to greater complications.

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