Article 8, 9, 10 and 11 of the FAMILY CODE Flashcards
What is Article 8 of the FAMILY CODE?
ARTICLE 8
The marriage shall be solemnized publicly in the chambers of the judge or in open court, church, chapel, temple, or in the office of the consul-general, consul, or vice-consul as the case may be, and not elsewhere, except in the 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.
What is Article 9 of the FAMILY CODE?
ARTICLE 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.
What is Article 10 of the FAMILY CODE?
ARTICLE 10
Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul, or vice-consul of the RP. 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 said consular official.
What is Article 11 of the FAMILY CODE?
Whats it about?
ARTICLE 11
Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following:
- Full name of parties
- Birthplace
- Age and birthdate
- Civil status
- If previously married, how, when and where the marriage was dissolved.
- Present residence and citizenship
- Degree of relationship of parties
- Full name, residence, citizenship of father
- Full name, residence, citizenship of mother
- Full name, residence, citizenship of guardian or person having charge, in case the parties has neither father nor mother and is under the age of 21 years.
The applicants, their parents or guardians shall not be required to exhibit their residence certificate in any formality in connection with securing the marriage license.
What is Article 8 about?
What are the exception provided in Article 29?
VENUE
- Article 8 is DIRECTORY
- Non-observance does not invalidate the marriage
- Can still subject violator to be liable
Exceptions (Article 29):
- Articulo mortis
- Marriage in a remote place
- Request of officer in writing for marriage to be held in house/other place
Where can the parties looking to get Married acquire their MARRIAGE LICENSE?
Contracting parties should get the license from the LCR where one of them resides.
<em><strong>Only an irregularity if they get it somewhere else</strong></em>
- Now need to get Certificate of Compliance for attending seminar on Responsible Parenthood due to the REPRODUCTIVE HEALTH ACT OF 2012 (RH Law)
What are the Duties of the CONSUL General?
Duties of both SO(Solemnizing Officer) and LCR(Local City Registrar) can be performed by the CONSUL-GENERAL, CONSUL, or VICE-CONSUL
- Parties must be both Fil. Citizens
- Bound by PH laws
Remembering the relevance of Article 17, What is it’s IMPORTANCE?
REMEMBER ARTICLE 17
- When contracts are executed before the diplomatic or consular officials of the RP in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.
IMPORTANCE
- Since state has great interest, it must be properly recorded and documented
- Task of LCR is to acquire and publish documents
Mainly:
To discourage:
- Deception and Seduction
- Illicit intercourse under guise of marry
- Make status of parties clear to each other
Who can apply for a MARRIAGE APPLICATION for a MARRIAGE LICENSE?
MARRIAGE APPLICATION
- Anybody can apply for a license
- LCR must accept application after it is signed and requested by the parties
- If there are IMPEDIMENTS, it cannot stop the application;
- must only note down such and STILL ISSUE IT unless stopped by the court
