Article 1-10 of the Family Code

Question 1

When did the Family Code take into effect?

Answer 1

Aug 3, 1988

Question 2

What is Article 1

Answer 2

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 3

How is Marriage Defined in Article 1 of the Family code?

Answer 3

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.

Question 4

Cite the purpose of Marriage as provided in Article 1

Answer 4

The establishment of conjugal and family life

Question 5

Provide the two aspects of Marriage (Briefly explain)

Answer 5

(a) It is a special Contract (b) it is a status, relation or an institution

Question 6

Discuss the term “After a marriage”

Answer 6

After marriage can refer to something after a wedding or after the “dissolution of a marriage”

Question 7

What is RA 6955?

Answer 7

AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF MATCHING FILIPINO WOMEN FOR MARRIAGE TO FOREIGN NATIONALS ON A MAIL-ORDER BASIS AND OTHER SIMILAR PRACTICES, INCLUDING THE ADVERTISEMENT, PUBLICATION, PRINTING OR DISTRIBUTION OF BROCHURES, FLIERS AND OTHER PROPAGANDA MATERIALS IN FURTHERANCE THEREOF AND PROVIDING PENALTY.

Question 8

How was Marriage described in Article 15 Section 2 of the 1987 Constitution?

Answer 8

“Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State”

Question 9

Under the “Muslim code” PD 1083 marriage has a different concept in that a Muslim can have as many as four wives at a time provided that he?

Answer 9

He can give them equal companionship and equal treatment.

Question 10

What does the term “Union” connote

Answer 10

Physical and spiritual mating.

Question 11

Monogamy comprises of (Blank) it is considered (Blank)

Answer 11

One man and one woman. It is considered the Ideal marriage.

Question 12

Discuss “Reciprocal blessings”

Answer 12

Marriage is a 50-50 proposition; the wife must not henpeck the husband; neither must the husband oppress the wife

Question 13

Since one of the purposes of marriage is “Procreation” of children, the natural moral law prohibits the use of what?

Answer 13

Artificial Birth Control

Question 14

Discuss “Rearing”

Answer 14

The care of both parents is essential; too often, the rearing is done by the mother alone, which is tragic.

Question 15

“Education of Children” How is this related to the role of Parents?

Answer 15

It is the natural right of parents to educate their children.

Question 16

How was the “offer of marriage” associated in the case of People v. Dreu? what was the purpose of his “Offer of Marriage” ? (P. 327 paras textbook )

Answer 16

Defendant offered to marry the woman he raped. As a rule in rape cases, an offer of marriage is an admission of guilt. The purpose of his offer of marriage was to evade prosecution upon the rejection of his offer, the defendant fled town. This was evidence of guilt.

Question 17

Should persons guilty of rape acknowledge the offspring of the crime? Why or why not?

Answer 17

Persons guilty of rape shall be sentenced to acknowledge the offspring of the crime “unless the law should prevent him from doing so”

Question 18

Guidelines for the Proper Appreciation of Minority either as an element of a crime or as a qualifying circumstance (PROVIDE THE GUIDELINES AS STIPULATED IN THE CASE OF PEOPLE V. GAVINO)

Answer 18

1. Original or certified true copy of the certificate of birth (Original Birth Certificate)
2. In its absence, similar authentic documents such as baptismal certificates and school records that show the date of birth of the victim would suffice to prove age.
3. If the testimony is clear and credible, of the victim’s mother or a member of the family either by affinity or consanguinity who is qualified to testimony on matters respecting pedigree such as the age of birth of the offended party pursuant to sec. 40 Rule 130 of the Rules of Evidence shall be sufficient
4. In the absence of all the above, the complainant’s testimony will suffice, provided it is expressly and clearly admitted by the appellant.

Question 19

Define “affinity”

Answer 19

The relation that one spouse has to the blood relatives of the other spouse

Question 20

Define “Carnal Knowledge” provide an example

Answer 20

The act of a man having sexual bodily connections with a woman. A mere touching of the external genitalia by the penis.

Question 21

Provide and explain Article 2 and its essential requisites

Answer 21

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

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

Question 22

Provide Article 3 and the formal requisites of marriage

Answer 22

The formal requisites of marriage are

(1) Authority of the solemnizing officer
(2) A valid marriage license except in the cases provided in chapter 2
(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.

Question 23

Expound on Essential Requisite No.1

Answer 23

(a) This means that the parties must have the necessary age or the necessary consent of parents in certain cases.
(b) There must be no impediment caused by a prior existing marriage or by certain relationships by affinity (law) or consanguinity (blood)

Question 24

Expound on Essential requisite No.2

Answer 24

their consent freely given

(a) “Consent” refers to the consent of the contracting parties, not parental consent. Parental consent is in connection with requisite No. 1
(b) Consent is required because marriage is a contract, a voluntary act.
(c) If there is consent, but it is vitiated by error, fraud, intimidation, force, etc, the marriage is not void; it is merely voidable.
(d) If there is absolutely no consent, or when the parties did not intend to be bound, as in the case of a joke or in the case of a stage or movie play, the marriage is void.

Question 25

If the person performing the marriage had no authority to do so is the marriage valid or not (Explain why)

Answer 25

Marriage is valid. Under the family code, even if the solemnizing officer is not authorized, the marriage would be valid if either of the parties believe in good faith in his authority to solemnize the marriage.

Question 26

What is required, the marriage license or the marriage certificate? Explain

Answer 26

What is required is the marriage license, not the marriage certificate. The latter is not an essential or formal requisite; thus, an oral solemnization is valid. In fact, a marriage may be proved by oral evidence

Question 27

Quorum in a marriage?

Answer 27

No less than two witnesses of legal age.

Question 28

What Is Article 4 of the Family Code?

Answer 28

The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2)

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.

Question 29

A and B want to marry. A is 16 years old while B is 17 years old will the marriage valid? why or why not?

Answer 29

Not valid. Both don’t have legal capacity to marry, the legal age to marry in the Philippines is 18 years of age

Question 30

What is Article 5 of the Family Code?

Answer 30

Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage

Question 31

A and B are married. B dies in an accident. B’s father C wants to marry A will the marriage be valid?

Answer 31

No. Because it is contrary to public policy and the rules enshrined in Article 38 of the family code

Question 32

What is Article 6 of the Family Code?

Answer 32

No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing 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 be signed by the contracting parties and their witnesses and attested by the solemnizing officer. In case of a marriage in articulo mortis, when the party at the point 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 of said party, which fact shall be attested by solemnizing officer.

Question 33

Couples A and B are happily on the way to vacation when both ask the captain of the aircraft to solemnize their marriage. Will the marriage be valid?

Answer 33

No, because the captain of an aircraft can only solemnize when one of the parties is in Articulo Mortis or the point of death

Question 34

Was the marriage of Chris and Kat solemnized by Mayor Johnny held last Feb 3 1989 valid?

Answer 34

No, it was only on Jan 1, 1992, under the Local Government Code where in mayors could solemnize marriages

Question 35

A and B are staff of a merchant vessel that alighted in the port of Manado. A and B proceed to the consulate general of the Philippines in Manado to have a civil marriage, Upon arriving in the consulate, a foreign service staff officer is only present. Can the Staff Officer solemnize the marriage?

Answer 35

No. Because only the consul general or vice-consul can. A staff officer cannot solemnize.

Question 36

Reynaldo and Catriona are overseas workers in Bandar Abbas Iran, they decide to get married and proceed to the Philippine Embassy in the capital Tehran. Upon arriving the Ambassador kindly informed them that he cannot solemnize their marriage. Was the Ambassador wrong in declining?

Answer 36

No, he was not wrong in declining. Article 7 of the Famly code does not include ambassadors as solemnizing officers

Question 37

Is marriage by proxy valid in the Philippines?

Answer 37

No, it is not

Question 38

If marriage by proxy is conducted by A and B in Hongkong will the marriage be valid here in the Philippines?

Answer 38

Yes. If the proxy marriage was done abroad the said type of marriage must be valid in the country where it was celebrated.

Question 39

What is Article 7 of the Family Code?

Answer 39

Marriage may be solemnized by

(1) Any incumbent member of the judiciary within the court’s jurisdiction.
(2) Any priest, rabbi, imam, or minister of any church or religious sect and registered with the civil registrar general, acting 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 officer’s church or religious sect;
(3) Any ship captain or airplane chief only in cases mentioned in Article 31
(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32.
(5) Any consul-general, consul, or vice-consul in the case provided in Article 10.

Question 40

A and B originally from the town of Dona Remedios Trinidad decide to go to the supreme court to solemnize their marriage, security barred their entry and informed them to proceed to their local mayor’s office or court instead. Was the personnel wrong? Can the SC actually solemnize their marriage?

Answer 40

Yes and Yes. Because the SC has national jurisdiction therefore it can solemnize A and B’s marriage

Question 41

Chris and Rachel decide to pay a visit to the office of the governor to arrange a civil marriage having the governor as a solemnizing officer. Governor was quick to decline for the reason being that it was outside his mandate. Chris and Rachel insist that the governor solemnize them. Governor proceeds to solemnize. is the marriage void ab initio?

Answer 41

Yes, marriage is void ab initio. Governors are not included in Article 7

Question 42

What is Article 8 of the Family Code?

Answer 42

The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office of the Consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted at the point of death or in remote places in accordance with Article 29 of this code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect.

Question 43

Reason marriage should be solemnized publicly

Answer 43

The requirement that the marriage is done publicly is based on the premise that the state takes an active interest in the marriage.

Question 44

You are the Consul General of The Philippine Consulate in New York City. A and B are a Filipino investment banker couple who decides to visit your office asking you to solemnize their marriage. B insists he would want the solemnization to take place at Central Park hinting that he is willing to pay you huge sums. Will you agree to this? Why or why not?

Answer 44

No, you cannot agree. Marriages must be solemnized within the consulate primarily because Philippine laws apply within the premises of the consulate. Philippine laws will no longer have jurisdiction outside.

Question 45

Article 9 of the Family Code

Answer 45

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.

Question 46

Where should marriage licenses be issued?

Answer 46

The marriage license should be issued by the local civil registrar of the municipality where either contracting party habitually resides.

Question 47

Article 10 of the Family Code

Answer 47

Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul, or vice-consul of the Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by a said consular official.