Art 1-34 FC

Question 1

article 1

Answer 1

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 this Code.

Question 2

two aspects of marriage

Answer 2

1. a special contract
2. a status or a relation or an institution
   status - the consequences of the marriage as a rule are fixed by law
   relation - the purpose of marriage is the establishment of conjugal and family life
   institution - marriage is an inviolable institution, is the foundation of the family and shall be protected by the State.

Question 3

marriage distinguished from ordinary contract

Answer 3

1. Ordinary contracts are mere contracts, marriage is a social institution
2. ordinary contracts depends on stipulations agreed unless stipulations are against public policy, public order, morals or good customs. In marriage, the nature and consequence are governed by law, in marriage, stipulations are of no value.
3. age for ordinary contract is the age of majority, for marriage, the are varies.
4. marriage can be dissolved only by death or annulment not be mutual agreement. ordinary contract can be ended by mutual agreement or by other legal cause.

Question 4

people v. dreu

Answer 4

in rape cases, an offer of marriage is an admission of guilt.

Question 5

raison d’être

Answer 5

marriage should not be permitted to be dissolved at the whim of parties

Question 6

article 2 and 3

Answer 6

No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer.

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse. (82)

Question 7

legal capacity of the contracting parties

Answer 7

a. parties must have the necessary age, or necessary consent of parents
b. no impediment caused by prior existing marriage or by certain relationship (affinity or consanguity)

Question 8

Art. 4

Answer 8

The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35
A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.

An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Article 35
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

Question 9

common-law marriage

Answer 9

one where the man and the woman just live together as husband and wife without getting married.

Question 10

The presumption is always in favor of the validity of the marriage.

Answer 10

Semper praesumitur pro matrimonio.

Question 11

marriage by proxy

Answer 11

marriage is void, the presence of both parties is required.
under article 26, if valid in other countries, shall be valid in the Philippines.

Question 12

reason for Public Solemnization

Answer 12

the State takes an active interest in the marriage

Question 13

instances where public solemnization is not needed

Answer 13

1. marriages in chamberrs if justices or judge.
2. marriage in articulo mortis
3. marriages in remote place
4. when both parties request in writing for the solemnization is some other place. the place must be designated in a sworn statement.

Question 14

marriages of exceptional character

Answer 14

1. marriage in articulo mortis
2. marriages in a remote places
3. marriage of people who have previously cohabitated for at least 5 years
4. marriage between pagans or Mohammedans who live in no Christian provinces and who are married in accordance with their customs.

Question 15

religious ratification

Answer 15

religious ratification of a valid married does not require a marriage license

Question 16

Jimenez vs. Republic

Answer 16

marriage as a social institution “Marriage in this country is an institution in which the
community is deeply interested. The state has surrounded it with safeguards to maintain its purity, continuity and permanence. The security and stability of the state are largely dependent upon it. It is the interest and duty of each and every member of the community to prevent the bringing about of a condition that would shake its foundation and ultimately lead
to its destruction.”

Question 17

In Trinidad vs. Court of Appeals, et. al., the Supreme Court
held that the following may be presented as proof of marriage

Answer 17

(a) testimony of a witness to the matrimony;
(b) the couple’s public and open
cohabitation as husband and wife after the alleged wedlock;
(c) the birth and baptismal certificate of children born during such union; and
(d) the mention of such nuptial in subsequent documents.

Question 18

legal capacity for purposes of contracting marriage has three components:

Answer 18

(1) age requirement;
(2) sex of the parties;
(3) and absence of legal impediments mentioned in Articles 37 and 38 of
the Family Code.

Question 19

Authority of the Solemnizing Office

Answer 19

If the solemnizing officer is not authorized under the law to celebrate marriage, the same is ordinarily considered void ab initio.
However, if either or both parties believed in good faith that the solemnizer had the legal authority to do so, then the marriage shall remain valid despite the solemnizer’s lack of authority.

Question 20

marriage license

Answer 20

A marriage license is required in order to notify the public that two persons are about to be united in matrimony and anyone who is aware or has knowledge of any impediment to the union of the two shall make it known to the local civil registrar.

Question 21

instances recognized by the Family Code wherein a
marriage license is dispensed with

Answer 21

(1) In case either or both of the contracting parties are at the point
of death
(2) If the residence of either party is so located that there is no
means of transportation to enable such party to appear personally before the local civil registrar;
(3) Marriages among Muslims or among members of the ethnic
communities, provided these are solemnized in accordance
with their customs, rites or practices;
(4) Ratification of marital cohabitation between a man and a
woman who have lived together as husband and wife for at
least five years and without any legal impediment to marry
each other.

Question 22

the following marriages are void ab initio

Answer 22

(1) Those marriages contracted by any party who is not legally
capacitated;
(2) Those marriages where consent is lacking;
(3) Those solemnized by any person not authorized to perform
marriages, except when the marriage will fall under the exception mentioned in Article 35(2) of the Family Code;
(4) Those solemnized without a valid marriage license, except
those marriages exempt from the license requirement; and
(5) Common-law marriages and marriages by proxy.

Question 23

elements of bigamy

Answer 23

(1) the offender has been legally married;
(2) the first marriage has not been legally dissolved, or in
case his or her spouse is absent, the absent spouse has not been
judicially declared presumptively dead;
(3) he contracts a subsequent marriage; and
(4) the subsequent marriage would have been valid had it
not been for the existence of the first.

Question 24

three things are required in a marriage ceremony

Answer 24

(1) the personal appearance of the contracting parties before the solemnizing officer;
(2) their personal declaration that they take each other as
husband and wife; and
(3) that such declaration be done in the presence
of the solemnizing officer and at least two witnesses of legal age.

Question 25

the following persons are authorized to solemnize marriages

Answer 25

Under Art 7
(1) incumbent members of the judiciary within the
court’s jurisdiction;
(2) priest, rabbi, imam or minister of any church
or religious sect duly authorized by his church or religious sect;
(3) ship captain or airplane chief, in cases of articulo mortis;
(4) military commanders of a unit, in cases of articulo mortis;
(5) consul-general, consul or vice-consul, in limited cases;
(6) mayors.

Question 26

religious solemnizer can solemnize marriages if the following requisites are present:

Answer 26

(1) the priest, rabbi, imam or minister of any church or religious sect must be
duly authorized by his respective church or sect;
(2) he must be duly
registered with the Civil Registrar General;
(3) he must act within the
limits of his written authority; and
(4) at least one of the contracting
parties must belong to the solemnizing officer’s church or sect. Short of
these requirements, a religious solemnizer cannot solemnize a marriage.

Question 27

marriage may be celebrated elsewhere

Answer 27

(1) in cases of marriage contracted at the point of death;
(2) in cases of marriage contracted in remote places in accordance with the provisions
of Article 29 of the Family Code;
(3) in cases where both of the parties to the marriage requested the solemnizing officer in writing and under oath to solemnize the marriage elsewhere.

Question 28

If either of the contracting parties is unable to produce his birth or
baptismal certificate Art 13

Answer 28

party may furnish in lieu thereof his current residence certificate or
an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age

Question 29

ages of eighteen and twenty-one Art. 14

Answer 29

exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them

Question 30

between the ages of twenty-one and
twenty-five Art 15

Answer 30

• obliged to ask their parents or guardian for advice
  upon the intended marriage
  If not given advice, the marriage license shall not be issued till after three months
  following the completion of the publication of the application therefor. A
  sworn statement by the contracting parties to the effect that such advice
  has been sought, together with the written advice given, if any, shall be
  attached to the application for marriage license. Should the parents or
  guardian refuse to give any advice, this fact shall be stated in the sworn
  statement

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

Question 31

Art. 16. marriage counselling

Answer 31

In the cases where parental consent - certificate issued by a priest, imam
or minister authorized to solemnize marriage under Article 7 of this Code
or a marriage counsellor duly accredited by the proper government agency
to the effect that the contracting parties have undergone marriage counselling.

Question 32

Art. 16. marriage counseling

Answer 32

In the cases where parental consent - certificate issued by a priest, imam
or minister authorized to solemnize marriage under Article 7 of this Code
or a government marriage counselor
-Failure to attach said certificate of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application.

Question 33

Art. 17 publication

Answer 33

notice - full names and residences of the applicants
ten consecutive days on a bulletin board outside the office of the local
civil registrar

Question 34

Art. 18 impediment

Answer 34

note down the particulars but shall nonetheless issue the license
unless ordered otherwise by a competent court

Question 35

Art. 19 payment

Answer 35

be issued free of charge to indigent parties
established by their affidavit or oath before the local civil registrar

Question 36

Art. 20.expiration

Answer 36

valid one hundred twenty days from the date of issue

Question 37

Art. 21 either or both foreigner

Answer 37

submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
- Stateless -submit an affidavit stating the circumstances showing such capacity to contract marriage.

Question 38

Art. 22

Answer 38

The marriage certificate, in which the parties shall declare
that they take each other as husband and wife, shall also state:
(1) The full name, sex and age of each contracting party;
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the marriage;
(4) That the proper marriage license has been issued according to
law, except in marriage provided for in Chapter 2 of this Title;
(5) That either or both of the contracting parties have secured the
parental consent in appropriate cases;
(6) That either or both of the contracting parties have complied
with the legal requirement regarding parental advice in appropriate cases;
and
(7) That the parties have entered into marriage settlement, if any,
attaching a copy thereof.

Question 39

Art. 23 duty of the person solemnizing the marriage

Answer 39

furnish either of the contracting parties the original of the marriage certificate
and not later than fifteen days after the marriage, to the local civil registrar
quadruplicate copy

Question 40

Art. 24 duty of the local civil registrar

Answer 40

documents required by this Title, and to administer oaths to all interested
parties without any charge in both cases.

Question 41

Art. 25 registry book

Answer 41

The local civil registrar shall enter all applications for marriage licenses filed with him in a registry book strictly in the 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 was issue

Question 42

Art. 26.

Answer 42

All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized,
and valid there as such, shall also be valid in this country, except those
prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law.
lex loci celebrationis - the law of the place where a contract especially of marriage is made.

Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse. (82)

Question 43

the following marriages are void ab initio even if valid in the place where it was celebrated

Answer 43

(1) If both parties are Filipinos and either one or both of them is
below
(2) If one of the parties to a marriage is a citizen of the Philippines and he or she is below
(3) If the marriage is bigamous or polygamous;
(4) If the marriage is contracted through mistake of one contracting party as to the identity of the other;
(5) If one of the parties in a subsequent marriage is a party to a prior marriage which has been annulled or judicially declared void but fails to comply with the requirement of article 52 of
the Code;
(6) If one of the parties to a marriage, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage;
(7) If the marriage is incestuous;
(8) If the marriage is void by reason of public policy.

Question 44

marriages between Filipinos celebrated abroad

Answer 44

(a) A marriage celebrated without a marriage license if such is
not a requirement in the place where the marriage was celebrated. However, if the marriage is celebrated before the Philippine consular officials under article 10 of the Code, the requirement of a valid marriage license cannot be dispensed
with and the absence of which shall render the marriage void.
(b) A marriage celebrated by a person not included in the enumeration in article 7 of the Code if, under the laws of the
place where the marriage is celebrated, he has the authority
to solemnize marriages.
(c) A proxy marriage.

Question 45

Republic vs. Orbecido III

Answer 45

the reckoning point is not the citizenship of the parties at the
time of the celebration of the marriage, but their citizenship at the time a
valid divorce is obtained abroad by the alien spouse capacitating the
latter to remarry.

Question 46

Quita vs. Court of Appeals

Answer 46

The Filipino spouse should likewise be
allowed to remarry as if the other party were a foreigner at the time
of the solemnization of the marriage. To rule otherwise would be to
sanction absurdity and injustice

Question 47

Marriages Exempted from the License Requirement articles

Answer 47

Art. 27 - 30

Question 48

Art. 27 articulo mortis

Answer 48

If one or both, the marriage may be solemnized without the necessity of a
marriage license and shall remain valid even if the ailing party subsequently
survives.
(The absence of this affidavit will not, however, affect the validity of the marriage)

Question 49

Art. 28 remote

Answer 49

If the residence of either party is so located that there is no
means of transportation to enable such party to appear personally before
the local civil registrar, the marriage may be solemnized without the necessity of a marriage license

Question 50

Art. 29 Exempted from the License solemnizing officer

Answer 50

affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed

Question 51

Art. 30 affidavit Exempted from the License solemnizing officer

Answer 51

affidavit with a legible copy of the marriage contract shall be sent
by the person solemnizing the marriage to the local civil registrar of the
municipality where it was performed within the period of thirty days after
the performance of the marriage.

Question 52

Marriages Exempt From the License Requirement

Answer 52

(1) in cases where either or both of the contracting parties are at the point of death (articulo mortis);
(2) if the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar;
(3) marriages among Muslims or among members of ethnic cultural communities provided the same are solemnized according to their customs, rites or practices;
(4) marriages of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other.

Question 53

Art. 31 ship captain or by an airplane pilot

Answer 53

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.

Question 54

Art. 32

Answer 54

A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians.

Question 55

authority of the ship captain or airplane chief to solemnize
marriages is subject to the following conditions and/or requisites

Answer 55

(1) the marriage must be in articulo mortis; and
(2) the marriage must be between passengers or crew members.Such authority may be exercised not only while the ship is at sea or the plane is in flight but also
during stopovers at ports of call. While this article refers to an “airplane
pilot” as authorized to solemnize marriages, it must be interpreted in
conjunction with article 7
(3) of the Family Code which refers to an “airplane chief.” Hence, the authority to solemnize marriages in Articulo Mortis must be limited to “airplane chief,” who is the head of the crew, in the same way that the same authority is granted only to the ship captain.

Question 56

Authority of Military Commander to Solemnize Marriages

Answer 56

(1) he must be a commissioned officer, or an officer in the armed forces holding rank by virtue of a commission from the President;
(2) the assigned chaplain to his unit must be absent;
(3) the marriage must be in articulo mortis;
(4) the marriage must be solemnized within the zone of military operations.The contracting parties may either be members of the armed forces or civilians.203

Question 57

Art. 33 muslim and other ethnic communities

Answer 57

Marriages among Muslims or among members of the ethnic
cultural communities may be performed validly without the necessity of a
marriage license, provided they are solemnized in accordance with their
customs, rites or practices.

Question 58

Art. 34 living 5 years

Answer 58

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 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.

Question 59

Rationale Behind Article 34

Answer 59

The rationale why no license is required in such case is to avoid
exposing the parties to humiliation, shame and embarrassment concomitant with the scandalous cohabitation of persons outside a valid marriage due to the publication of every applicant’s name for a marriage
license

Question 60

marital cohabitation requisites:

Answer 60

(1) The man and woman must have been living together as husband and wife for at least five years before the marriage;
(2) The parties must have no legal impediment to marry each other;
(3) The fact of absence of legal impediments between the parties must be present at the time of marriage;
(4) The parties must execute an affidavit stating that they have lived together forat least five years [and are without legal impediment to marry each other]; exclusivity and continuity
(5) The solemnizing officer must execute a sworn statement that he
had ascertained the qualifications of the parties and he had found no
legal impediment to their marriage.

Question 61

Niñal vs. Bayadog

Answer 61

“if that continuous 5-year cohabitation is computed without any distinction as to whether the parties were capacitated to marry each other during the entire five years,
then the law would be sanctioning immorality and encouraging parties to have common law relationships and placingthem on the same footing with those who lived faithfully withtheir spouse.”

Question 62

Voidable and void marriages are not identical

Answer 62

Voidable
1. valid until otherwise declared by the court
2. can be generally ratified or confirmed by free cohabitation or prescription
3. voidable marriage cannot be assailed collaterally except in a direct proceeding (A collateral attack, also called an indirect attack, is a challenge on the validity of a prior judgment through a new case rather than by a direct appeal.)
4. voidable marriages can be assailed only during the lifetime of the parties and not after death of either, in which case the parties and their offspring will be left as if the
marriage had been perfectly valid.
5. property regime governing voidable marriages is generally conjugal partnership and the children conceived before its annulment are legitimate.
Void
1. void ab initio is considered as having never to have taken place and
2. cannot be the source of rights
3. can never be ratified and is not subject to prescription
4. void marriage can be attacked collaterally
5. void marriages can be questioned even after the death of either party
6. no legal effects except those declared by law concerning the properties of the alleged spouses, regarding co-ownership or ownership through actual joint contribution, and its effect on the children born to such void marriages

Question 63

judicial decree on void marriage

Answer 63

“A void marriage does not require a judicial decree to restore the parties to their original rights or to make the marriage void but though no sentence of avoidance be absolutely necessary, yet as well for the sake of good order of society as for the peace of mind of all
concerned, it is expedient that the nullity of the marriage should be ascertained
and declared by the decree of a court of competent jurisdiction.”

Question 64

a judicial declaration of the nullity of a previous marriage

Answer 64

But Article 40
there must be a judicial declaration of the nullity of a previous marriage, though void, before a party can enter into a second marriage and such absolute nullity can be based only on a final judgment to that effect.

However, other than for purposes of remarriage, no judicial action is necessary to declare a marriage an absolute nullity. For other purposes, such as but
not limited to determination of heirship, legitimacy or illegitimacy of a child,
settlement of estate, dissolution of property regime, or a criminal case for that
matter, the court may pass upon the validity of marriage even in a suit not
directly instituted to question the same so long as it is essential to the determination of the case.

Question 65

Who Can File Petition for Declaration of Nullity

Answer 65

the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages, which became effective on March 15, 2003, however, now explicitly states that a petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife.

Question 66

Marriages Expressly Declared Void under the Code

Answer 66

(1) Those contracted by any party below eighteen years of age;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license;
(4) Those bigamous or polygamous marriages;
(5) Those contracted through mistake of one contracting party as
to the identity of the other;
(6) Where either of the parties to a subsequent marriage is also a party to a previous marriage which has been annulled or declared a nullity but fails to record the judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses (to a previous marriage) and the delivery of the children’s presumptive legitimes, in the appropriate civil registry and registries of property;
(7) Those contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage;
(8) Those marriages between ascendants and descendants of any
degree, whether the relationship between the parties be legitimate or
illegitimate;
(9) Those marriages between brothers and sisters, whether of the
full or half blood and whether the relationship between the parties be
legitimate or illegitimate;
(10) Those marriages between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(11) Those marriages between step-parents and step-children;
(12) Those marriages between parents-in-law and children-inlaw;
(13) Those marriages between the adopting parent and the adopted child;
(14) Those marriages between the surviving spouse of the adopting parent and the adopted child;
(15) Those marriages between the surviving spouse of the adopted child and the adopter;
(16) Those marriages between an adopted child and a legitimate child of the adopter;
(17) Those marriages between adopted children of the same adopter;
(18) Those marriages between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse;
(19) Where either of the parties to a subsequent marriage is also a party to a prior marriage which is void ab initio but has not been declared as such in a final judgment by the court;
(20) Those subsequent bigamous marriage under Article 41 of the
Family Code if both parties therein acted in bad faith.

Question 67

Other Void Marriages

Answer 67

(1) marriages between persons of the same sex if celebrated in the Philippines since the parties are not capacitated to contract marriage to each other;
(2) marriages where consent is totally lacking, as in the case of a bogus or simulated marriage;
(3) common-law marriages and marriages by proxy;
(4) marriages where the exchange of vows was not done personally by the contracting parties in the presence of the solemnizing officer.

Question 68

Void marriages LAPIS

Answer 68

1. Contrary to law
2. Absence of Formal or Essential Requisites
3. Psychological in capacity
4. incestuous marriages
5. Subsequent marriages
   exceptions
   art. 35 (2) good faith that the solemnizing officer has authority
   art 41 when the spouse disappears and there’s a possibility of death
   a. procures a judicial declaration on the absence of the spouse.
   b. good faith with the subsequent spouse, subsequent marriage will be void.
   No need judicial declaration if there’s marriage ceremony that took place (singing the marriage contract without solemnizing officer)

Question 69

Void marriages due to the absence of essential and formal requisites BBLAPIS

Answer 69

1. Those contracted by any party below eighteen years of age even with parental consent.
2. Bigamous or polygamous marriage
3. without a License
4. solemnized by any person not legally authorized
5. mistake of one of the parties as to the physical identity of the other
6. subsequent marriages that are void under Article 53
   . absence of the

Question 70

bigamy elements, exception,

Answer 70

elements
1. offender has been legally married
2. marriages has not been legally dissolved. absence of the spouse, not presumed dead.
3. presence of a subsequent marriage
4. subsequent marriage has all the essential requisites for validity
exception: 9not inquiring liability
1. summary proceeding of presumptive death of the absentee without prejudice to his re-appearance.
2. absence of 4 consecutive years or 2 years with the danger of death
3. well-founded belief of the present spouse that who wishes to remarry that absent spouse is already dead.

republic vs Cantor - there must be active effort to find the husband.

exception to the exception
1. if there’s the annulment of the prior marriage
2. if the absentee but no step to terminate the subsequent to terminate the marriage by court action

Question 71

§ 60. Void Marriages Under Article 38