Family Code - Requisites of Marriage (Art 1 - 26)

Question 1

Define Marriage

Answer 1

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 2

Essential Requisites of Marriage

Answer 2

(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.

Question 3

Formal Requisites of Marriage

Answer 3

(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.

Question 4

Who may solemnize?

Answer 4

(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 duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted 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 the case 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 5

What does the marriage certificate state?

Answer 5

(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. (67a)

Question 6

Duty of Solemnizing Officer

Answer 6

1. to furnish either of the contracting parties the original
   of the marriage certificate;
2. to send the duplicate and triplicate to the LCR not later
   than 15 days after the marriage
3. to retain on its file the quadruplicate copy of the
   marriage certificate, original of the marriage license and affidavits of parties if any re:
   Art. 8

Question 7

Exceptions to lex loci celebraciones in marriage

Answer 7

Articles 35 (1), (4), (5) and (6), 36, 37 and 38.

Question 8

Four requisites for Art. 26 to apply

Answer 8

1.) the marriage must between a Filipino and a foreigner

2.) there must be valid foreign divorce decree

3.) decree is obtained at the instance of foreigner spouse (amended by Manalo case - also at the instance of the FIlipino spouse)

4.) the foreign spouse acquires capacity to remarry by virtue of divorce decree.