Article 1 of the FAMILY CODE Flashcards
Requisites of Marraiage
What is Article 1 of the Family Code?
Marriage is a special contract of permanent union between a 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 family and 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.
What is the NATURE and IMPORTANCE of Marriage?
NATURE AND IMPORTANCE OF MARRIAGE
- Man and woman enter joint life (CONTRACT)
- Single moral, spiritual and social being acting, living, and working as ONE
- Basic civil right – formed by civil contract regulated and enforced by law
*Founded on AGREEMENT OF PARTIES
*Unlike other contracts, cannot be modified or changed
*State has great interest since it is foundation of society
CASE: BOVE v. PINCIOTTI
FACTS – Petitioner wanted marriage to be annulled since only purpose to marry was to name the child but no child existed and so it must be void.
ISSUE – W/N his annulment can be granted.
HELD:
- It is not possible to marry for ONE reason yet cancel such for SEVERAL purposes. It is not a simple contract wherein it can be modified if some things did not go according to plan.
- Also, they had freely consented and that their plan was ostensible – cannot be annulled.
Laws prohibiting MAIL-ORDER BRIDES:
Marriage is vested with public interest that there are laws prohibiting such organizations which perpetuate mail-order brides. Law prohibits ff:
- Matching of Filipino women to marry foreigners
- Advertise or publish propaganda material related to preceding paragraph
- Solicit women to joining such organizations
- Use of postal service to promote these acts
Laws prohibiting the TRAFFICKING IN WOMEN:
- To introduce/match for profit any Filipina to a foreign national for marriage to engage in sexual exploitation
- To offer contract marriage (real or simulated) for purpose of BST for sexual exploitation or forced labor (BST = BUY SELL TRADE)
MARRIAGE BETWEEN RAPIST and the RAPEE
- Valid marriage between rapist and rape shall extinguish the criminal action or penalty
- If offender is husband, forgiveness by the wife shall eliminate the crime
- Making marriage void shall not make crime void
Can marriage be MODIFIED or STIPULATED for agreement by private individuals?
NO.
Marriage is a social status w/c cannot be privately modified or stipulated for agreement by private individuals
Ex: Cannot agree to make marriage binding on own terms; must follow what the state requires
Is marriage recognized by INTERNATIONAL LAW?
If full age, there is right to marry w/o limitation to race, nationality, religion entitled to equal rights (full free consent)
?
State shall protect sanctity and privacy of family life as basic social institution – protected against unwarranted government intrusion
Legislature can still enact laws which recognize validity of divorce.
Marriage does not diminish individual integrity and privacy.
EX: ZULUETA v. COA
FACTS – Wife ransacks husband’s office to find evidence against him to file for infidelity.
ISSUES – W/N such evidence will stand and if the act was lawful and valid to establish case against husband.
HELD:
The evidence was acquired through criminal means and therefore cannot be used. Privacy of communication and correspondence is INVIOLABLE even in marriage. Neither may testify against each other without the consent of the other.
EX: DUNCAN v. GLAXO
FACTS:
Drug Company required an employee to inform them if he would ever marry another who works for another drug company w/c would require him to resign.
ISSUE:
W/N requirement to resign was a violation of the person’s right to marry.
HELD:
Since the marriage would put a considerable risk to the company, it was held to be not unconstitutional and fair. Provision does not completely limit marriage right.
EX: STAR PAPER CORP V. SIMBOL
FACTS
Company policy provided that should any two employees get married, one will need to resign to avoid experiencing lesser efficiency from one of them.
ISSUES
W/N the policy was a violation of right to marry.
HELD
YES. Fear of less efficiency due to marriage is insufficient evidence to prove detrimental to the company especially if they worked in different fields.
Legislation has great control over protection and requirements of marriage, thus creation of FAMILY CODE.
Must not contradict the CONSTITUTION!
Marriage can be made a statutory basis for LIMITING ONE’S CAPACITY to act or affect right to acquire property (Ex: Will made by ONLY one spouse must have at least 3 witness or else void)
Can PROPERTY RELATIONS be fixed in marriage settlement BEFORE the ceremony?
YES.
- PROPERTY RELATIONS can be fixed in marriage settlement BEFORE the ceremony
- Must still be in accordance with the Family Code.
- Modification after the marriage must be approved by the court
VALIDY OF MARRIAGE
- To create relation of husband and wife and give rise to rights and duties, marriage must be VALID
- VALIDITY based on law in force at the time of marriage contraction
- Marriage already consummated cannot be affected by subsequent laws
EX: 1950 step brothers and sisters could marry. Now they cannot. Law now cannot void step-sib marriages before
When did the FAMILY CODE take effect?
The family code took effect on AUGUST 3, 1988
