FAMILY CODE & NOTES
Legal capacity of the contracting parties who must be a male and female.
THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3,
1988 signed by President Corazon Aquino (Executive Order 209) REQUISITES OF MARRIAGE:
man and a woman entered into in accordance with the law for the establishment of conjugal and family life. It is the foundation of the and
an
inviolable
officer LEGAL CAPACITY: CAPACITY: Marrying age is 18 years old and above, thus if
Art. 1: 1: Marriage is a special contract of permanent union between a
family
social
institution
whose
one of the contracting parties is below 18 years of age, the marriage is void.
nature,
stipulation, except that marriage settlements may fix the property
public policy).
relations during the marriage within the limits provided by the code. Nature of Marriage: One of the “basic civil rights of man.” The freedom to marry has been recognized as a vital personal right towards the pursuit of man’s happiness.
Considered as a special civil contract regulated by law due
They cannot be related to each other as provided by Art. 37 and Art. 38 (incestuous marriages and those against
consequences, and incidents are governed by law and not subject to
Consent freely given in the presence of the solemnizing
There should be no previous valid subsisting marriage; otherwise the subsequent marriage will be bigamous.
DIFFERENT SEX: SEX: There should be a male and a female. Marriage is desirable due to the importance of procreation which is one of the reasons why same sex marriages are prohibited (due to the impossibility of reproduction) CONSENT:
to the high state interest in protecting and safeguarding
the family.
Must be freely given
Cannot be modified or changed. Once it is executed a
Made in the presence of the solemnizing officer.
relation is formed between the parties that cannot be
Absence of consent makes the marriage void. However if
altered. The law steps in to hold or bind the parties
there is consent but such was obtained through force,
together.
fraud, undue influence, etc then it is only voidable.
Cannot be restricted by discriminatory policies of private individuals or corporations.
Art. 3: The formal requisites of marriage are:
A subsequent marriage between the rapist and raped victim extinguishes the criminal action or penalty of the
Authority of the solemnizing officer
rapist.
A valid marriage license except in the cases provided for in Chapter 2 of this title
Marriage Status: Status : Marriage creates a social status, which the state is
A marriage ceremony which takes place with the
interested in protecting. It is a case where a double status is created,
appearance of the contracting parties before the
involves and affects two persons.
solemnizing officer and their personal declaration that they take each other as husband and wife in the presence
VALIDITY OF MARRIAGE: MARRIAGE: governed by the law effective at the time
of not less than 2 witnesses of legal age.
of the celebration of the marriage. AUTHORITY OF THE SOLEMIZING OFFICER: Constitutional Protection: Protection : The State recognizes the sanctity of family life and shall protect and strengthen it. The state also
Those enumerated in Article 7, he must have the
recognizes marriage as an inviolable social institution and the
authority. Thus a priest who has not renewed his license to
foundation of the family and shall be protected by the state.
marry does not have the authority and cannot be considered for marriage.
*The constitutional provisions on marriage however do NOT mean
The Local Government Code (Jan. 1, 1992) provides that a
that legislature cannot enact a law allowing absolute divorce.
mayor of a city or municipality may now solemnize
Marriage is subject to the control of the legislature but it must not
marriages.
contravene mandates of Constitution. Art. 4: The absence of any of the essential or formal requisites shall Property Relations: Relations: Only property relations may be fixed and
render the marriage void ab initio, except as stated in Article 35 (2)
arranged in a marriage settlement prior to the marriage ceremony.
(when one of the contracting parties believed in good faith that the
However it must still follow the mandatory provisions of the Family
solemnizing officer had authority then the marriage is valid)
Code. A defect in any of the essential requisites shall render the marriage Art 2: 2: No marriage shall be valid unless these essential requisites are present:
voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of
be signed by the contracting parties and their witnesses and
the marriage but the party or parties responsible for the irregularity
attested by the solemnizing officer.
shall be civilly, criminally and administratively liable. In case of marriage in articulo mortis, when the party is at the point Chapter 2 Title 1 of Family Code: exempt from license :
of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name
Article 27: Both parties are in articulo mortis (at the point
of said party, which fact shall be atteste d by the solemnizing officer.
of death) marriage will be valid even if the ailing party survives.
MARRIAGE CEREMONY:
Art the solemnizing officer must state in an affidavit that the
there is no prescribed form of marriage ceremony.
marriage was performed as such and that he took necessary steps to ascertain the ages and that there were
The minimum requirement is that the parties personally
no legal impediments to the marriage.
appear before the solemnizing officer and declare that
Article 33: Marriages among Muslims or ethnic cultural
they take each other in the presence of at least 2 witness
communities, as long as performed in accordance with
of legal age.
their customs, rites, practices.
Family code only recognizes ceremonial marriages but
Article 34: Cohabitation by the couple for 5 years
*Declaration does not have to be vocally expressed may be inferred by the words used, the manner the ceremony was made, etc. If a
*Muslims are governed by Code of Muslim personal laws of the
wedding took place there is a presumption that there was an
Philippines and not the Family code but the other ethnic groups
exchange of vows.
must comply with the other requisites as they are governed by the Family code.
Article 34: Cohabitation between man and woman for at least 5 years with no legal impediment at time of marriage.
VALID MARRIAGE LICENSE: Lasts for 120 days from the date of issue and effective within any part of the Philippines only.
*The absence of 2 witnesses of legal age is merely an irregularity in the ceremony and does not affect the vali dity of the marriage. * Common law marriages, which are non-ceremonial, are not recognized in the Philippines. Art. 7: Marriage may be solemnized by:
jurisdiction
Merely Irregularities in marriage license:
Any priest, rabbi, imam, or minister of any church or
Marriage license was made in a different place other than
religious sect duly authorized by his church or religious
their residence.
sect and registered within the civil registrar general, acting
Name stated therein is different or misspelled
Misrepresentation of age (but has to be emancipated—18
within the limits of the written authority granted him by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing
years and above)
Non-disclosure of prior marriage and divorce
Falsely stated that he or she had not been previously
officers church or religious sect
Falsely swore that he or she is not under guardianship.
Any ship captain or airplane chief in cases mentioned in Article 31.
married.
Any incumbent member of the judiciary within the court’s
Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military
*If the couple has a valid marriage license but forgot to bring it then
operation, likewise only in the cases mentioned in Article
marriage will be valid (but if they don’t have one and procured one
32.
after the marriage ceremony the marriage will be void)
Any consul-general, consul or vice consul in the case provided in Article 10.
Art. 5: Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38
There is a need to limit the persons who can solemnize marriages
(incestuous marriages and those against public policy) may contract
since marriage is an important institution the state wants to
marriage.
safeguard and protect.
Art. 6: No prescribed form or religious rite for the solemnization of
Because the state is interested in marriage, it becomes a party
the marriage is required. It shall be necessary, however, for the
thereto by manifested in the consent required and granted to
contracting parties to appear personally before the solemnizing
limited number of officers.
officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall
JUDGES: they can only solemnize marriages within their jurisdiction and they must be incumbent. Court of Tax Appeals, Sandiganbayan, Court of Appeals, Supreme Court: National jurisdiction
Absence of jurisdiction would mean the absence of the
Art. 8: The marriage shall be solemnized publicly in the chambers of
authority of the solemnizing officer and thus the marriage
the judge or in open court in the church, chapel or temple, or in the
will be null and void.
office of the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in the cases of marriages contracted
PRIEST/MINISTER OF A CHURCH OR RELIGIOUS SECT: he should be
at the point of death or in remote places in accordance with Article
authorized by the church to do so, he must be registered with the
29 of this Code, or where both of the parties request the
civil registry, and at least one of the contracting parties belongs to
solemnizing officer in writing in which case the marriage may be
his or her church.
solemnized at a house or place designated by them in a sworn
SHIP CAPTIAN/PILOT: one of the parties must be at the point of death, the marriage must be between the passengers or crewmembers, and the ship or plane must be at sea or in flight.
An assistant pilot has no authority to solemnize marriages even if the main pilot dies.
statement to that effect.
Not mandatory but directory in nature.
Its non-compliance will not make the marriage void but will only cause civil, criminal, or administrative liability.
Exceptions to venue stated:
MILITARY COMMANDER: He or she should be a military commander
o
When the marriage is in articulo mortis
o
When the marriage is in a remote place (transportation etc. is difficult to come by)
of a unit, he or she must be a commissioned officer (his rank should o
start from second lieutenant), a chaplain should have been assigned to the unit and such chaplain is absent, the contracting parties must also be in articulo mortis either members of the military operation or civilians, must be within military zone (there should be widespread military activity not merely practice).
Art. 9: A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title.
CONSUL-GENERAL, CONSUL, OR VICE CONSUL: they can only solemnize marriages abroad when both the contracting parties are
When requested by both parties in writing
The marriage license should be procured from the civil registrar of the city or municipality where either of them
Filipino.
resides. However if they obtain it from another place it is
*They also perform the duties of a local civil registrar (like issuing
merely an irregularity and does not affect the validity of
the license etc.)
the marriage.
*No matter where they are the solemnities and requirements
Art. 10: Marriages between Filipino citizens abroad may be
mandated by Philippine Law shall be observed.
solemnized by a consul-general, consul or vice consul of the Republic of the Philippines. The issuance of the marriage license and the
MAYOR: Pursuant to the Local Government Code, the mayor of a
duties of the local civil registrar and of the solemnizing officer with
city or municipality can now solemnize marriage s.
regard to the celebration of marriage shall be performed by said consular official.
*When the mayor cannot perform his duties, the acting mayor has the authority to solemnize marriages.
The consular officials absorb the duties of the local civil registrar and the solemnizing officer when Filipinos wish to
*If the host country allows marriages to be solemnized by consuls
be married abroad. - The ceremony and requirements
then even if between a Filipino and non-Filipino, the marriage will
should be in accordance with Philippine law.
still be valid in accordance with Art. 26. Art. 11: Where a marriage license is required, each of the GOOD FAITH OF PARTIES: if the person who solemnized the
contracting parties shall file separately a sworn application for such
marriage did not legally have the authority to solemnize a marriage,
license with the proper local civil registrar which shall specify the
if both or one of the contracting parties believed that such a person
following:
did have the authority the marriage will be valid. Ex. A priest did not renew his license to marry therefore does not have the authority to marry. If one of the contracting parties knew of this but the other did not the marriage is still valid. HOWEVER, they must be one of the people who can be authorized if
Full name of the contracting parties
Place of birth
Age and date of birth
Civil Status
If previously married, how, when and where the previous marriage was dissolved or annulled
they are not the marriage will be void.
Present residence and citizenship
Ex. A couple goes to a janitor to get married. Even if both parties are
Degree of relationship of the contracting parties
in good faith in thinking that a janitor can solemnize a marriage they
Full name, residence and citizenship of the father
should know who by law are authorized to.
Full name, residence and citizenship of the mother
Full name, residence and citizenship of the guardian or
Contracting parties 18 years old and above but BELOW 21
person having charge, in case the contracting parties has
years of age must obtain the consent of their father,
neither father nor mother and is under the age of twenty
mother, surviving parent, or guardian in the order
one years.
mentioned.
(Non-compliance
makes
the
marriage
annullable) The applicants, their parents or guardians shall not be required to exhibit their residence certificate in any formality in connection with
Art. 13. In case either of the contracting parties has been previously
the securing of the marriage license.
married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article,
Stating all relevant facts needed in order to determine
the death certificate of the deceased spouse or the judicial decree of
legal capacity to marry and the eligibility of the parties.
the absolute divorce, or the judicial decree of annulment or
Main purpose is to discourage deception, and relieve from
declaration of nullity of his or her previous marriage.
doubt the status of parties who live together. - Provides evidence of the status and legitimacy of offspring.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her actual civil
MARRIAGE APPLICATION: the civil registrar has to process and issue
status and the name and date of death of the deceased spouse.
a marriage license. Even if the civil registrar knows of a legal impediment he cannot discontinue unless stopped by the court.
Art. 14. In case either or both of the contracting parties, not having
(This is to prevent bribery and abuse by the civil registrar)
been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements
Art. 12: The local civil registrar, upon receiving such application,
of the preceding articles, exhibit to the local civil registrar, the
shall require the presentation of the original birth certificates or, in
consent to their marriage of their father, mother, surviving parent or
default thereof, the baptismal certificates of the contracting parties
guardian, or persons having legal charge of them, in the order
or copies of such documents duly attested by the persons having
mentioned. Such consent shall be manifested in writing by the
custody of the originals. These certificates or certified copies of the
interested party, who personally appears before the proper local
documents by this Article need not be sworn to and shall be exempt
civil registrar, or in the form of an affidavit made in the presence of
from the documentary stamp tax. The signature and official title of
two witnesses and attested before any official authorized by law to
the person issuing the certificate shall be sufficient proof of its
administer oaths. The personal manifestation shall be recorded in
authenticity.
both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications.
If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the
Art. 15: Any contracting party between the age of twenty-one and
destruction or loss of the original or if it is shown by an affidavit of
twenty-five shall be obliged to ask their parents or guardian for
such party or of any other person that such birth or baptismal
advice upon the intended marriage. If they do not obtain such
certificate has not yet been received though the same has been
advice, or if it be unfavorable, the marriage license shall not be
required of the person having custody thereof at least fifteen days
issued till after three months following the completion of the
prior to the date of the application, such party may furnish in lieu
publication of the application therefore. A sworn statement by the
thereof his current residence certificate or an instrument drawn up
contracting parties to the effect that such advice has been sought,
and sworn to before the local civil registrar concerned or any public
together with the written advice given, if any, shall be attached to
official authorized to administer oaths. Such instrument shall
the application for marriage license. Should the parents or guardian
contain the sworn declaration of two witnesses of lawful age, setting
refuse to give any advice, this fact shall be stated in the sworn
forth the full name, residence and citizenship of such contracting
statement.
party and of his or her parents, if known, and the place and date of birth of such party. The nearest of kin of the contracting parties shall
Absence of parental advice does not affect the marriage.
be preferred as witnesses, or, in their default, persons of good
Only delays the issuance of the marriage license for 3
reputation in the province or the locality.
months but after 3 months the li cense must be issued.
The presentation of birth or baptismal certificate shall not be
Art. 16. In the cases where parental consent or parental advice is
required if the parents of the contracting parties appear personally
needed, the party or parties concerned shall, in addition to the
before the local civil registrar concerned and swear to the
requirements of the preceding articles, attach a certificate issued by
correctness of the lawful age of said parties, as stated in the
a priest, imam or minister authorized to solemnize marriage under
application, or when the local civil registrar shall, by merely looking
Article 7 of this Code or a marriage counselor duly accredited by the
at the applicants upon their personally appearing before him, be
proper government agency to the effect that the contracting parties
convinced that either or both of them have the required age.
have undergone marriage counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the
Emancipation is obtained at 18; marriage no longer
marriage license for a period of three months from the completion
emancipates a child because they must be 18 years of age
of the publication of the application. Issuance of the marriage
to marry.
license within the prohibited period shall subject the issuing officer
to administrative sanctions but shall not affect the validity of the
Art. 20: The license shall be valid in any part of the Philippines for a
marriage.
period of one hundred twenty days from the date of issue, and shall be deemed automatically canceled at the expiration of the said
Art. 17: The local civil registrar shall prepare a notice, which shall
period if the contracting parties have not made use of it. The expiry
contain the full names and residences of the applicants for a
date shall be stamped in bold characters on the face of every license
marriage license and other data given in the applications. The notice
issued.
shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place
within the building and accessible to the general public. This notice shall request all persons having knowledge of any impediment to the
The marriage license is only valid within the Philippines and not abroad.
It is good for 120 days from the date of issue
marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period of
Art. 21: When either or both of the contracting parties are citizens
publication.
of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to
It is the duty of the civil registrar to post a notice informing
contract marriage, issued by their respective diplomatic or consular
the public of the impending marriage. The purpose of
officials.
which is so that persons having knowledge of any
impediment to the marriage can inform the local civil
Stateless persons or refugees from other countries shall, in lieu of
registrar.
the certificate of legal capacity herein required, submit an affidavit
It is to be posted for 10 consecutive days on a bulletin
stating the circumstances showing such capacity to contract
board outside the office.
marriage.
The civil registrar shall be issued after the period of publication.
A certificate of legal capacity is meant to show that a foreigner is capacitated to marry in his or her country. The
Art. 18: In case of any impediment known to the local civil registrar
Philippines adheres to the national law of the contracting
or brought to his attention, he shall note down the particulars
parties with respect to their legal capacity to contract
thereof and his findings thereon in the application for marriage
marriage.
license, but shall nonetheless issue said license after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance or that of any interest party. No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the o rder.
If an impediment is made known to the civil registrar he
Ex. In the US 16 years old is the age when one can contract marriage. A 16-year-old US citizen may contract marriage in the Philippines provided that he gives a certificate from his embassy stating that 16 years old is the legal age to marry.
married in their embassy there is no need to follow the
shall merely note it down but he must nonetheless issue
requirement of marriage in the Philippines, only those of
the license. This is because the impediments may not be
their country.
valid at all.
The purpose of which is to prevent graft and corruption on
responsible may be criminally or administratively liable. EXCEPTIONS:
The courts direct civil registry to refuse giving out the license
capacity and a marriage license is still necessary.
If the marriage license was issued despite court intervention, the marriage will still be valid but the parties
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also state:
The full name, sex and age of each contracting party
Their citizenship, religion and habitual residence
The date and precise time of the celebration of the marriage
When the requited certificate of legal capacity of foreigners is not given (Art. 21)
Chapter 2 of this Title
That either or both of the contracting parties have secured the parental consent in appropriate cases
license. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. It shall, however, be
That the proper marriage license has been issued according to law, except in marriage provided for in
Art. 19. The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage
If one is a foreigner and one is a Filipino even if they marry in the consul of the foreigner the certificate of legal
the part of the civil registry.
If both are citizens of a foreign country and they are
That either or both of the contracting parties have
issued free of charge to indigent parties, that is those who have no
complied with the legal requirement regarding parental
visible means of income or whose income is insufficient for their
advice in appropriate cases
subsistence a fact established by their affidavit, or by their oath before the local civil registrar.
That the parties have entered into marriage settlement, if any, attaching a copy thereof.
Art. 23. It shall be the duty of the person solemnizing the marriage
Ex. If in Vietnam a doctor is authorized to solemnize a marriage and
to furnish either of the contracting parties the original of the
a Filipino couple gets married in Vietnam by a doctor such marriage
marriage certificate referred to in Article 6 and to send the duplicate
will be considered valid in the Philippines.
and triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the
PROOF OF FOREIGN MARRIAGE: necessary to prove the foreign law
marriage was solemnized. Proper receipts shall be issued by the
and then prove the celebration of marriage. If the law of the other
local civil registrar to the solemnizing officer transmitting copies of
state is not pleaded nor proved the laws of the Philippines will be
the marriage certificate. The solemnizing officer shall retain in his
presumed to be similar to that of foreign laws.
file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8. Proofs of marriage:
REMEMBER THE LAWS: ART. 15: laws relating to family rights and duties or to the status, conditions and legal capacity of persons are binding upon citizens of the Philippines even livi ng abroad. ART. 17: prohibitive laws concerning persons, their acts or property and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or
Marriage contract or certificate
judgments promulgated, or by determinations or conventions
Photocopies of the certificate or contract from the local
agreed upon in a foreign country.
civil registry
Family bible
Baptismal, birth certificates of kids
Judicial decisions
Testimonies of parties, witness, solemnizing officers
Cohabitation and conduct
Statement in a will
EXCEPTIONS to international comity:
18 years of age
interested parties without any charge in both cases. The documents
The local civil registrar is the government official charged
Marriages that are incestuous are not valid here even if celebrated abroad and valid there. (Art. 37)
Marriages against public policy are not valid here either (Art. 38)
with the preparation and the keeping of all the official documents.
Marriage by a Filipino to one who is psychologically incapacitated is not valid here
licenses shall be exempt from documentary stamp tax.
Marriage abroad where there is mistake of identity of the other contracting party is not recognized here.
Art. 24: It shall be the duty of the local civil registrar to prepare the
and affidavits filed in connection with applications for marriage
Polygamous and bigamous marriages recognized abroad will not be valid here.
documents required by this Title, and to administer oaths to all
Either or both contracting parties are Filipinos and below
Common law marriages are not recognized here, the marriage must still be solemnized and not contracted.
Art. 25. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the
Same sex marriages between Filipinos are not valid even if done abroad.
order in which the same are received. He shall record in said book the names of the applicants, the date on which the marriage license
*If a Filipino contracts a foreign marriage which is null and void
was issued, and such other data as may be necessary.
under the laws of the state where it has been solemnized then such marriage will likewise be null and vo id in the Philippines.
Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were
*If a marriage celebrated abroad is invalid in that country but
solemnized, and valid there as such, shall also be valid in this
considered valid in the Philippines, the marriage will still be invalid.
country, except those prohibited under Articles 35 (1), (4), (5) and
The law where the marriage has been solemnized shall apply
(6), 3637 and 38. (17a) ABSOLUTE DIVORCE: Absolute divorce is not recognized in the Where a marriage between a Filipino citizen and a foreigner is
Philippines; even if the couple was married abroad the divorce will
validly celebrated and a divorce is thereafter validly obtained abroad
not be recognized here if one of them is a Filipino. The divorce may
by the alien spouse capacitating him or her to remarry, the Filipino
be recognized in the foreign country where it was obtained but not
spouse shall have capacity to remarry under Philippine law.
in the Philippines. But the divorce of a foreign citizen abroad is recognized in the Philippines as the Philippines recognize legal
Art. 26 refers to formal requisites only, however the
capacity of a foreign person.
marriage must still be solemnized.
Marriages that are solemnized abroad and are recognized
*If a Filipino changes citizenship then he can get a divorce and if he
as valid there will also be recognized as valid here
reacquires his Filipino citizenship after that the divorce will still hold.
(international comity)
If a Filipina marries a foreigner and the foreigner obtains a
A pilot or ship captain may solemnize only marriages at
divorce, the Filipina can marry.
the point of death while the plane is in flight or the ship is
If the Filipina obtains a divorce although not recognized in
at sea even during stopovers (it is still considered part of
the Philippines, it will be recognized against the foreigner
the flight/voyage). They can only solemnize marriages
and thus the foreigner will not have legal standing to sue
between their passengers and crew members.
for adultery or claim for property after the divorce. *If something happens to the main or principal pilot the second in MARRIAGES EXEMPT FROM LICENSE REQUIREMENT
command cannot solemnize marriages. (They are not authorized to by law)
Art. 27: In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of
Art. 32: A military commander of a unit, who is a commissioned
a marriage license and shall remain valid even if the ailing party
officer, shall likewise have authority to solemnize marriages in
subsequently survives.
articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians.
Solemnizing officers and the mayor are empowered to solemnize marriages even without a marriage license if
either or both of the contracting parties are at the point of
(his/her rank should start from 2nd lieutenant, ensign and
death.
above)
Even if the ailing party survives after the marriage, the
He should be a commander of a unit.
marriage will still be valid.
There should be a chaplain assigned to the unit
The marriage should be at the point of death and in the
Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally
absence of the chaplain assigned
before the local civil registrar, the marriage may be solemnized without necessity of a marriage license.
The military commander must be a commissioned officer
The marriage must be solemnized within the zone of military operations.
The contracting parties may either be member of the armed forces or civilians
This envisions a situation wherein the residence of either party is so located that there is no means of transportation
Art. 33: Marriages among Muslims or among members of the ethnic
to enable such party to appear personally before the local
cultural communities may be performed validly without the
civil registrar, the marriage may be solemnize without a
necessity of marriage license, provided they are solemnized in
marriage license.
accordance with their customs, rites or practices.
Art. 29: In the cases provided for in the two preceding articles, the
solemnizing officer shall state in an affidavit executed before the
pagans or Muslims are exempt only from procuring a
local civil registrar or any other person legally authorized to
marriage license. The marriage must still be solemnized in
administer oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or
accordance with their customs, rites and practices.
barangay, is so located that there is no means of transportation to
Muslims are governed by the Code of Muslim Personal Laws of the Philippines thus they are not governed by the
enable such party to appear personally before the local civil registrar
Family Code unlike other ethnic groups who do not have
and that the officer took the necessary steps to ascertain the ages
separate laws
and relationship of the contracting parties and the absence of legal impediment to the marriage.
Marriages between parties that belong to ethnic groups,
Art. 34: No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least
The solemnizing officers are those authorized to solemnize under Article 7 and the mayor provided that they solemnize the marriage within their jurisdiction and within the authority given to them.
Art. 30: The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil
five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage.
registrar of the municipality where it was performed within the
husband and wife are exempt from obtaining a marriage
period of thirty days after the performance of the marriage. Art. 31: A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call.
Persons cohabiting for at least 5 years living together as license.
At the time of marriage, they should be without any legal impediment to marry each other. Thus during the 5 year period, it is not necessary that there is no legal impediment it is only necessary at the time of marriage that there is none.
The parties shall state the fact of their cohabitation and
proper cases the present spouse may marry again if there
the absence of any legal impediment to marry in an
is a judicial declaration of presumptive death and at the
affidavit under oath.
time of the celebration of marriage either spouse is in good faith that the absent spouse is still absent.
*The solemnizing officer shall also state under oath that he ascertained the qualifications of the parties and that he found no
Ex. W is married to H and W disappears for 4 years and is judicially
legal impediment. The fact that the officer investigated, shall not
declared presumptively dead. H later on is to marry W2. W2
invalidate the marriage.
however sees W the day before the wedding but does not tell H. As long as H is in good faith and does not know of the presence of W
Matters that don’t affect the validity of the marriage:
the marriage will still be valid.
Article 18: if the civil registry gives the license despite the courts
Generally evidence other than a judicial declaration of
ordering an injunction to order the civil registry not to give the
nullity can be presented except (direct attack needed) for
marriage license.
purposes of remarriage, validity of marriage is essential to the determination of the case, and when a donor desires
Article 21: if the civil registry gives the license despite absence of
to revoke a donation propter nuptias.
certificate of legal capacity of foreigners. Article 35: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
marriages after 5 years of cohabitation.
NON-AUTHORITY OF SOLEMNIZER:
MARRIAGES VOID AB INITIO: Not valid from its inception. No rights
Exception: If EITHER or both of the contracting parties believed in
can flow from it and can never be ratified. (Judicial declaration of
good faith that he had such authority. The good faith of the party is
nullity)
what is referred to not the solemnizing officer.
Art. 35: The following marriages shall be void f rom the beginning:
Unless it was ignorance of the law then the marriage will
be void. The person must be one of the people in Article 7
Those contracted by any party below eighteen years of age
thus if a couple is married by a janitor, them believing that
even with the consent of parents or guardians
a janitor can celebrate a marriage, the marriage will be
Those solemnized by any person not legally authorized to
void.
perform marriages unless such marriages were contracted
with either or both parties believing in good faith that the
Exception: Marriage was done abroad and such officer is valid in that
solemnizing officer had the legal authority to do so;
country.
Those solemnized without license, except those covered the preceding Chapter;
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married
Those bigamous or polygamous marriages not failing
men or women from contracting a subsequent marriage when their
under Article 41;
consort is still alive.
Those contracted through mistake of one contracting party as to the identity of the other
Exception:
Those subsequent marriages that are void under Article
53.
That mentioned in Article 41 regarding appearance of a spouse after a declaration of presumptive death.
Article 2, 3, 4: when all the essential and formal requisites of a
Those provided for under the Muslim code. - When the first marriage was actually void with a judicial declaration
marriage are absent.
of nullity. Without judicial declaration of nullity then 2nd
be treated as such. There can be no other void marriage except those provided by law.
Estoppel or acquiescence does not apply to remedy the infirmity of a void marriage. Thus if one of the parties stated under oath that they were 25 when they were actually 16 the marriage is void despite the oath.
marriage will be void under Article 40.
Only marriages declared by the legislature, as void should
Good faith and bad faith generally is immaterial in void marriages except: when either of the parties believed in good faith that the solemnizing officer had the authority to
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the marriage. Here the contracting party absolutely did not intend to marry the other, as the same is not the person he or she actually knew before the marriage. Does not include: mistake in name, character of person, attributes, age,
social
standing,
religion,
pedigree,
pecuniary
means,
temperaments, acquirements, condition in life, previous habit.
solemnize the marriage when in fact he had none. Second,
VOID UNDER ARTICLE 53: Marriages that have annulled or declared
in case the spouse disappears for 4 years or 2 years in
null and void must undertake the liquidation, partition and
distribution of their properties, delivery of presumptive legitimes,
Concept of Marriage:
etc. to be able to remarry.
Ceremony or act by which a man and woman become husband and wife or to the state of being married.
Both a contract and a status, the latter being the result of the former.
Marriage, an inviolable social institution – for it is the foundation of family and society, without which there could be neither civilization nor progress. Good marriages and families bring about a society assured of a healthy future. They play the indispensable role of developing our society and properly educating its members. ARTICLE XV Section 3. The State shall defend: THE FAMILY (1) The right of spouses to found a family in accordance with their Section 1. The State recognizes the Filipino family as the foundation
religious convictions and the demands of res ponsible parenthood;
of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
- prohibits state’s interference in the independence of married couples to determine the size of their own family
Concept of Family: - responsible parenthood: should not have more children than they A group of persons united together by ties of marriage and
could decently support and educate.
blood. It is applied to the group of people formed by spouses and their children.
(2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse,
Importance of the Family to the State: 1. A basic social institution – family provides the basic social unit of
cruelty, exploitation and other conditions prejudicial to their development;
the State. It is the very heart of the society. It is the foundation of
- seeks to put a stop to all forms of neglect, abuse, cruelty,
the nation which is but a conglomeration of families bound not only
exploitation and other conditions prejudicial to their development.
by affinity and consanguinity and common interests but also by a common past and shared vision of the future. The family is a society
- hands of our children, our country’s future lies
of its own right. As the basic unit, it ought to be the origin of change or reform in society because it is where all human values begin.
(3) The right of the family to a family living wage and income; and
2. The community ’s first socializing agency – it is in the family
- considers families whose income hardly provides for their barest
where a child learns obedience, cooperation, mutual aid, respect of
daily needs
others and kindred values. The spirit of service, love, mutual support and understanding and other noble virtues and values being inculcated, nurtured and honored in practice in home or the family, make it the most effective ground for good citizenship. 3. Institution of unique social value – as a social institution, families shape the future of humanity for through the family pass all future generations. On the families rest the very survival of every nation as a just, humane and progressive society, and hence their health and vitality are not the concern alone of the family members. Sphere of law on family: 1. Internal aspect – family is known to be sacred and inaccessible even to law. 2. External aspect – third persons and the public interests are concerned that the law fixes the rules r egulating the family.
(4) The right of families or family associations to participate in the planning and implementation of policies and programs that affects them. - guarantees the right of people and people’s org to participate at all levels in matters affecting the various sector they represent. Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security. - in recognition and appreciation of their role as invaluable and venerable members of the extended Filipino family system and our society - in their productive years provides us resources needed for our material
survival
and
nourishment
essential
to
intellectual
development; often act as surrogate parents as family providers and
Section 2. Marriage, as an inviolable social institution, is the
caregivers to the young; fountain of wisdom, guidance and strength
foundation of the family and shall be protected by the State.
for the yet inexperienced family member as well as primemovers in many productive community endeavors; living links to the near-past.
