Family Code Review. Articles 1 to 34 Requisites of Marriage Flashcards

Question 1

Q

Persons and Family Relations

Define Marriage.

Answer

A

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.

(ART1)

Question 2

Q

Persons and Family Relations

What is the nature and importance of Marriage?

Answer

A

One of the “basic civil rights of man”, fundamental to our existence and survival.
One of the vital personal rights essential to the orderly pursuit of happiness by free men
It is more than a mere contract; it is a social relation vested w/ public interest

Question 3

Q

Persons and Family Relations

Marriage as a SOCIAL STATUS.

Discuss.

Answer

A

No privately imposed conditions could alter the marital status.
Marriage creates a social status or relation between the contracting parties in w/c not only they but the State are interested in also.
Marriage is one of the cases of double status, in that the status therein involves & affects 2 persons. One is married, never in abstract or a vacuum, but always to somebody else.

Question 4

Q

Persons and Family Relations

Is marriage reognized Internationally?

Discuss marriage in International Law setting.

Answer

A

Marriage in International Law (UDHR, ICCPR, ICESCR)

Men & Women of full age, w/o any limitation due to race, nationality or religion
Have the right to marry and to found a family.
The family is the natural & fundamental group unit of society & is entitled to Protection by society & the State

Question 5

Q

Persons and Family Relations

Since the STATE has a vested interest in Marriage, Does it offer any protection to Marriage and the Family?

Answer

A

Art. 2, Sec. 2 – The State recognizes the sanctity of family life & shall protect & strengthen the family as a basic social institution.
Art. 15, Sec. 1 – The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity & actively promote its total development.
Art. 15, Sec. 2 – Marriage, as an inviolable social institution, is the foundation of the family & shall be protected by the State.
The right to enter into a marriage has been regarded as w/in the ambit of the constitutional right of association. And once married, a couple has a right to privacy w/c is protected against all undue & unwarranted government intrusion.

Question 6

Q

Persons and Family Relations

CASE STUDY. Zulueta v. CA

A wife, to get evidence of infidelity in a case for legal separation she filed against her husband, ransacked his office & forcibly took documents & letters of the husband addressed to his paramour.

Can this be used as evidence?

Why?

Answer

A

RULING:

The SC ruled that the wife cannot use the said documents & letters as evidence because they were obtained in violation of the husband’s constitutional right to privacy.

^{While a lawful marriage seeks to create a permanent union between man & woman, it does not shed the spouses’ integrity or their privacy as individuals.}

Question 7

Q

Persons and Family Relations

CASE STUDY.

Phil. Telegraph & Telephone Company v. NLRC

A company’s policy disqualified from work any woman worker who contracts marriage.

Is this company Policy constitutional?

Why?

Answer

A

RULING:

The SC invalidated such policy as it not only runs afoul of the constitutional provision on equal protection, but also on the fundamental policy of the State toward marriage.

Marriage as a special contract cannot be restricted by discriminatory policies of private individuals or corps.

Question 8

Q

Persons and Family Relations

CASE STUDY. Duncan v. Glaxo

An employment contract requiring an employee to disclose to management any existing/future relationship by consanguinity/affinity w/ co- employees or employees of competing drug companies & requiring such employee to resign should management find that such relationship poses a possible conflict of interest.

Is this a violation of the Equal Protection Clause?

Answer

A

NO.

Considering that the stipulation is reasonable under the circumstances because such relationship might compromise the interest of the company & the requirement was shown to be aimed against the possibility that a competitor company will gain access to its secrets & procedures.

^{The SC said that the provision does not impose an absolute ban against relations between the company’s employees & those of competitor company.}

Question 9

Q

Persons and Family Relations

CASE STUDY. Star Paper Corporation v. Simbol

A company policy provided that, in case two of their employees decide to get married to each other, one of them should resign from the company.

Is this company policy LEGAL?

Why?

Answer

A

NO.

The SC held that the act of the company in enforcing such policy is illegal.
it failed to prove a legitimate business concern in imposing the questioned policy esp.
When the asserted policy is premised in the mere fear that the employees married to each other will be less efficient.

Question 10

Q

Persons and Family Relations

Discuss the Mail Order Bride Act.

RA 6955.

Answer

A

A. ^{IT SHALL BE UNLAWFUL For any person, natural or juridical, association, club or entity to commit, directly/indirectly, any of the ff. acts:}

To establish or carry on a business w/c has for its purpose the matching of Filipino women for marriage to foreign nationals either on a mail-order basis or through personal introduction;
To advertise, publish, print or distribute or cause the advertisement,
publication, printing or distribution of any brochure, flier, or any propaganda material calculated to promote the prohibited acts in the preceding subparagraph;
To solicit, enlist or in any manner attract or induce any Filipino woman to become a member in any club or association whose objective is to match women for marriage to foreign nationals either on a mail-order basis or through personal introduction for a fee;
To use the postal service to promote the prohibited acts in subparagraph 1

B. ^{For the manager or officer-in-charge or advertising manager of any newspaper, magazine, television or radio station, or other media, or of an advertising agency, printing company or other similar entities, to knowingly allow, or consent to, the acts prohibited in the preceding paragraph.}

Question 11

Q

Persons and Family Relations

What is RA 9208?

Discuss.

Answer

A

Anti-Trafficking in Persons Act.

(a)

It shall be unlawful for any person, natural or juridical, to commit any of the ff. acts:

(b)

To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c)

To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;

Question 12

Q

Persons and Family Relations

Is th act of BIGAMY a crime?

What about contracting a marriage without fulfilling its requirements or imepdiments?

Answer

A

YES and YES.

Revised Penal Code - Penalizes bigamy ^{(art.349 RPC)} & contracting a marriage knowing that;

One of the requirements of law have not been complied with or;
That the marriage is in disregard of a legal impediment. ^{(Art.350 of the RPC)}

Question 13

Q

Persons and Family Relations

Can a HUSBAND be charged of raping his WIFE?

Answer

A

Marriage Between Rapist & Rape Victim.

A subsequent valid marriage of the offender & the offended party in the crime of rape extinguishes the criminal action or the penalty imposed for rape.
In case the victim is already married & it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or penalty,

^{provided that the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.}

Question 14

Q

Persons and Family Relations

How does the legislature control / regulate / define Marriage?

Answer

A

The legislature, through the Family Code, defines marriage & the family, spells out the corresponding legal effects, imposes the limitations that affect married & family life, as well as prescribes the grounds for declaration of nullity & those for legal separation.
In a real sense, there are 3 parties to every civil marriage: (1) Willing MAN, (2) Willing WOMAN, (3) STATE.
By legislation, marriage can be made a statutory basis for limiting one’s capacity to act or for affecting one’s right to acquire property:

^{Art. 823, NCC – The fact of marriage of the witness in a will to the devisee or legatee shall render void the gratuitous disposition, unless there are 3 other witnesses.}

^{Art. 874, NCC – An absolute condition not to contract a 1st or subsequent marriage made in a last will & testament on an instituted voluntary heir, legatee or devisee shall be considered as not written, unless such condition has been imposed on the widow/er by the deceased spouse, or the latter’s ascendants or descendants.}

Question 15

Q

Persons and Family Relations

What is the General Rule on the LAWS the GOVERN the VALIDITY of MARRIAGE?

Answer

A

In determining the validity of marriage, it is to be tested by the law in force at the time the marriage was contracted.

General Rule:

The nature, consequence & incidents of marriage as a social institution are governed by law & not subject to stipulations.

Exception:

Property relations w/c may be fixed in a marriage settlement executed prior to the marriage ceremony.

^{*However, such marriage settlements must not contravene the mandatory provisions of the Family Code.}

Question 16

Q

Persons and Family Relations

Can the nature of marriage ALREADY CELEBRATED be CHANGED by a SUBSEQUENT amendment? (part1)

What’s the GENERAL RULE?

Give an example.

Answer

A

General Rule: NO.

The nature of the marriage already celebrated cannot be changed by a subsequent amendment to the law.

EXAMPLES:

OCC, A marriage bet. stepbrother & stepsister was void. This kind of marriage is no longer prohibited by the Family Code.

^{However, the effectivity of the FC does not affect the void nature of the marriage bet. the stepbrother & stepsister solemnized during the effectivity of the OCC. It remains void.}

OCC, mistake in identity was a ground to make a marriage annullable.

^{Under the FC, such is a ground to declare the marriage void ab initio.}

^{The effectivity of the FC does not affect the annullable nature of those marriages contracted prior to the FC}

Question 17

Q

Persons and Family Relations

Can the nature of marriage ALREADY CELEBRATED be CHANGED by a SUBSEQUENT amendment? (part2)

What is the Exeption?

Answer

A

Under the OCC, a marriage could not be declared void on the ground of psychological incapacity. Such a ground came into existence w/ the effectivity of the FC.

Here, a spouse who, prior to the effectivity of the FC, got married to an individual who is psychologically incapacitated under Art. 36, may file a case to declare the marriage void despite the fact that such ground did not exist as a legal basis for nullity of marriage at the time his/her marriage was celebrated.

(At first, the prescriptive period was 10 years from the effectivity of the FC. This was amended and it is now imprescriptible.)

Question 18

Q

Persons and Family Relations

What are the ESSENTIAL RQUISITES of Marriage?

If any of these requisites are missing, can the contracted marriage remain VALID?

Answer

A

ARTICLE 2

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.

Question 19

Q

Persons and Family Relations

What are the FORMAL REQUISITES of Marriage?

Answer

A

Article 3.

The formal requisites of marriage are:

Authority of the solemnizing officer;
A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
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 20

Q

Persons and Family Relations

In the absence of any of the ESSENTIAL or FORMAL requisites of a Marriage, can the marriage remain VALID?

What is the General Rule?

What are the exceptions?

Answer

A

Art. 4.

GR: NO. The absence of any of the essential or formal requisites shall render the marriage VOID AB INITIO,

E: EXCEPT as stated in Article 35 (2).

A DEFECT in any of the essential 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 21

Q

Persons and Family Relations

Who can get maried?

At what age can one get married?

Answer

A

Article 5

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 a marriage.
^{37 - Incestuous Marriages}*
^{38 - Marriages against P.Policy.}*

Question 22

Q

Persons and Family Relations

1. Is there a prescribed FORM or RELIGIOUS RITE for solemnization of a marriage based on your religion?

2. What are the necessary requirements for a Marriage Ceremony?

Answer

A

Article 6.

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;
Declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife.

Question 23

Q

Persons and Family Relations

What will the Marriage Certificate contain after the marriage ceremony?

Answer

A

This (1) declaration shall be contained in the marriage certificate which shall be;

(2) Signed by the contracting parties and
(3) their 2 witnesses and;
(4) 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 the solemnizing officer.

Question 24

Q

Persons and Family Relations

Explain the requirement of LEGAL CAPACITY to marry?

Answer

A

Legal Capacity:

Both parties must be at least 18 years of age
The parties must be male & female

The marriage must not be incestuous under Art. 37
The marriage must not be void for reasons of public policy under Art. 38
The marriage must not be bigamous, except if it is a “valid bigamous marriage” under Art. 41

Question 25

Q

Persons and Family Relations

CASE STUDY. Silverio v. Republic

Petitioner had a biological sex change from male to female through sex-reassignment surgery & where he sought the amendment of his birth certificate to reflect the change in sex as a preliminary step to get married to his partner.

Can he amend his Birth Certificate? Would it be VALID?

Answer

A

Nope.

The SC rejected the petition & ruled that the sex determined by visually looking at the genitals of the baby at the time of the birth is immutable.
There is no law legally recognizing sex reassignment.

Question 26

Q

Persons and Family Relations

CASE STUDY. Republic v. Cagandahan

Respondent was found to have Congenital Adrenal Hyperplasia (CAH) w/c is a condition where the person afflicted has both male & female characteristics & organs. Through expert evidence, it was shown that respondent, though genetically a female, secreted male hormones & not female hormones, had no breast, & did not have any monthly menstrual period, & the respondent, in his mind & emotion, felt like a male person & did not want to have surgery.

IS HE A MALE? FEMALE? What will then show on his B.C.?

Answer

A

The inflicted individual will decide preference considering he is an “intersex individual”

The SC considered the person as an “intersex individual” & granted the preference of the person to be considered as a male person, thereby allowing the amendment of the birth certificate of the person from female to male.

Question 27

Q

Persons and Family Relations

Discuss CONSENT.

What is it?

What does it signify?

Does it have to be expressed in a particular way?

Answer

A

Connotes that the contracting parties willingly & deliberately entered into the marriage
Signifies that at the time of the marriage ceremony, they were capable of intelligently understanding the nature & consequences of the act.
Need not be expressed in any special manner or particular form, so long as there is a manifestation that the contracting parties take each other as H&W

Question 28

Q

Persons and Family Relations

What are the reqirements of CONSENT?

Answer

A

Requirements of Consent:

Freely given; and;
Must be made in the presence of the solemnizing officer
Child shall have freedom of choosing spouse.

Question 29

Q

Persons and Family Relations

What is the EFFECT when there are DEFECTS in Consent?

Answer

A

If there is total absence of consent;

the MARRIAGE contracted is VOID ab initio

If the consent is obtained through:

fraud,
force,
intimidation,
undue influence

Marriage is Annullable.

Question 30

Q

Persons and Family Relations

Explain the authority of the solemnizing officer as a formal requisite.

Answer

A

it is NOT the presence/absence of the solemnizing officer w/c constitutes the formal requirement, but it is the presence/absence of the AUTHORITY of such solemnizing officer.
The authority of the officer/clergyman will be presumed in the absence of any showing to the contrary.

Question 31

Q

Persons and Family Relations

Discuss the Authority and Duties of the Solemnizing Officer:

What is the GENERAL RULE?

What are the EXCEPTIONS?

Answer

A

General Rule

The solemnizing officer is NOT duty bound to investigate w/n a marriage license (ML) has been duly & regularly issued by the local civil registrar (LCR).

Exceptions

1. Art. 29 where the contracting parties are legally excused from obtaining a ML because 1 of them is in the;

point of death or;
there is no means of transportation to the LCR as their places of residences are far,

the solemnizing officer must:
- undertake the necessary steps to ascertain the ages & relationship of the contracting parties & the absence of legal impediment to marry.

2. Art. 34, persons living together as H&W for at least 5 years w/o the benefit of marriage may contract a valid marriage even in the absence of a ML.

The solemnizing officer here is duty bound to ascertain the qualifications of the contracting parties.

Question 32

Q

Persons and Family Relations

Is it a CRIME to solemnize a marriage without authority?

Who incurs the criminal liability?

Answer

A

YES.

Criminal liability shall be incurred by:

A person who solemnizes marriage w/o authority
A person who, not being authorized to solemnize marriage, publicly advertises himself, by means of signs or placards placed on his residence or office or through the newspapers, as authorized to solemnize marriage.

Question 33

Q

Persons and Family Relations

Where does one get a VALID marriage license?

How long will it remain VALID?

What’s the scope on effectivity of the Marriage License?

Answer

A

Valid Marriage License

Issued by the LCR of the place where the marriage application was filed.
It has a lifetime of 120 days from the date of issue.
It is effective in any part of the Philippines.

Marriage license VALIDITY:

Date of issue = date of signing of the ML by the LCR
It is deemed automatically cancelled at the expiration of the 120-day period if the contracting parties have not made use of it.

Question 34

Q

Persons and Family Relations

What requirement need be met for a Marriage Ceremony to be considered VALID?

Answer

A

Marriage Ceremony:

The contracting parties appear PERSONALLY before the solemnizing officer & declare that they take each other as husband & wife in the presence of at least 2 witnesses of legal age.

The FC doesn’t prescribe any particular form of marriage ceremony.

The declaration of consent need NOT be VOCALLY expressed. It is the agreement itself, & not the form in w/c it is couched, w/c constitutes the contract.
The words used & the manner by w/c the ceremony was performed are mere evidence of a present intention & agreement to marry of the parties.
- Failure of the solemnizing officer to ask the parties whether they take each other as H&W cannot be regarded as a fatal omission, and is not a cause for annulment, it being sufficient that they declared in & signed the marriage contract that they were taking each other as H&W.

Question 35

Q

Persons and Family Relations

CASE STUDY: Balogbog v. CA

It was contended that the existence of a marriage cannot be presumed because there was no evidence that the parties, in the presence of 2 witnesses, declared that they take each other as H&W.

IS THE MARRIAGE VALID? VOID?

Answer

A

VALID.

The SC held that an exchange of vows can already be presumed to have been made from the testimonies of the witnesses who stated that a wedding took place
since the very purpose for having a wedding is to exchange vows of marital commitment.

Question 36

Q

Persons and Family Relations

CASE STUDY: Madridejo v. De Leon

In this case, there was an IRREGULARITY in the Marriage Certificate. There was a failure of the contracting parties to sign the Marriage certificate.

Is the marriage VOID or ANNULLABLE?

Answer

A

HELD:

Marriage is STILL VALID.

failure to sign a marriage certificate or absence of such itself does NOT render the marriage void nor annullable
Mere Irregularity will not invalidate a marriage

Question 37

Q

Persons and Family Relations

What is a COMMON LAW Marriage?

Is it recognized in the Philippines?

WHY? / WHY NOT?

Answer

A

Common-Law Marriages

A non-ceremonial or informal marriage by agreement, entered into by a man & a woman having capacity to marry, ordinarily w/o compliance w/ such statutory formalities as those pertaining to marriage licenses.

Such agreement must be (1) coupled by consummation, w/c includes at least (2) cohabitation as H&W and reputation in such a way that the public will recognize the marital status.

Common-law marriages are NOT recognized in the Philippines!

Because state has great interest in the matter, it cannot just be done privately w/o law procedure.

Question 38

Q

Persons and Family Relations

WHEN THERE IS A DEFECT IN THE ESSENTIAL REQUIREMENTS of a Marriage, will the marriage be VOID?

Answer

A

ABSENCE/DEFECT IN ESSENTIAL REQUIREMENTS

General rule – ABSENCE of any essential requirement makes marriage VOID.
- Expired license = unusable = void.
- MARRIAGE BY JEST = void.

Question 39

Q

Persons and Family Relations

TImes when Marriage is VOID / VOIDABLE / VALID but there is liability:

Question 40

Q

Persons and Family Relations

Is a Marriage by way of a Jest, VALID?

Answer

A

Null & void because there is no genuine consent on the part of both parties.
Not intended to be a contract of marriage, and that both parties have never considered & it as such; they have never lived together, or acted towards each other as man & wife.
Mere words, w/o any intention corresponding to them, will not make a marriage or any other civil contract.

Question 41

Q

Persons and Family Relations

Are Marriages contracted by means of a Proxy VALID?

Answer

A

Marriage by Proxy

Void because of the absence of the essential requisite that consent freely given must be made in the presence of the solemnizing officer
Void because of the absence of the formal requisite that the contracting parties must personally declare before the solemnizing officer that they take each other as H&W.

Question 42

Q

Persons and Family Relations

Is a Breach of Promise to Marry an actionable wrong/offense?

(Wassmer v. Velez)

Answer

A

Breach of Promise to Marry

General Rule:

Mere breach of promise to marry is not an actionable wrong. Hence he aggrieved party cannot file a case to compel the person who has breached such promise to enter into the marriage contact.

Exception:

To formally set a wedding, where invitations were printed & distributed, the wedding gown was purchased, the matrimonial bed & accessories were bought, bridal showers were given & gifts received, and only to walk out of it when the matrimony is about to be solemnized is NOT a case of mere breach of promise to marry.

This is contrary to good customs w/c defendant must be made answerable for DAMAGES in accordance w/ Art. 21 of the Civil Code.

Question 43

Q

Persons and Family Relations

GIVE 10 examples of Other Irregularities Which do NOT Affect the Validity of a Marriage.

Answer

A

Other Irregularities Which do NOT Affect the Validity of a Marriage

Absence of 2 witnesses of legal age during the marriage ceremony
There was only 1 witness of legal age
There were witnesses but not of legal age
Absence of a marriage certificate
Marriage solemnized in a place other than publicly in the chambers of the judge or in open court, in church, chapel or temple, or in the office of the consul-general, consul or vice-consul
Issuance of ML in city/municipality not the residence of either of the contracting parties
Unsworn application for a ML
A party to whom a ML is issued is represented therein by a name other than his true name or had his name wrongly spelled
A ML procured by 1 of the contracting parties by false representation as to his/her age, w/c was above the marrying age, in order to avoid the statutory requirement of parental consent
If 1 of the contracting parties:

a. misrepresented his/her residence
b. did not disclose his/her prior marriage & divorce in the application
c. falsely stated that s/he had not been previously married
d. falsely swore that s/he was not under guardianship
e. forged his/her mother’s consent tot he marriage

Failure of the contracting parties to present original birth certificate or baptismal certificate to the LCR who likewise failed to ask for the same
Failure of the contracting parties bet. the ages of 18 & 21 to exhibit consent of parents or persons having legal charge of them to the LCR
Failure of the contracting parties bet. the ages of 21-25 to exhibit advice of parents to LCR
Failure to undergo marriage counselling
Failure of the LCR to post the required notices
Issuance of ML despite absence of publication or prior to the completion of the 10-day period for publication
Failure of the contracting parties to pay the prescribed fees for the ML
Failure of the person solemnizing the marriage to send copies of the marriage certificate to the LCR
failure of the LCR to enter the applications for ML filed w/ him in the registry book in the order in w/c they were received

Question 44

Q

Persons and Family Relations

Who is AUTHORIZED to solemnize a MARRIAGE?

ENUMERATE. EXPLAIN.

Question 45

Q

Persons and Family Relations

SInce when can the MAYOR solemnize a marriage?

EXACT DATE.

What provision / statute empowered that mayor to solemnize a marriage?

Answer

A

The MAYOR is now empowered to solemnize a wedding due to Local Gov’t Code of 1992.

If absent, the Vice-Mayor acting as Mayor.

If absent, the Highest ranking member of the Sangguniang Bayan.

Except for power of employee management w/c only possible if mayor is absent for more than 30 days.

LGC of 1992 took effect JANUARY 1, 1992!!! DO NOT FORGET!

Question 46

Q

Persons and Family Relations

If the marriage was solemnized by a person who does not have the authority do so, would that make the MARRIAGE that was contracted VOID?

Answer

A

GENERAL RULE: YES.

Art.35(2) provides: VOID ab intio: Those solemnized by any person not legally authorized to perform marriages…

EXCEPTION TO THE RULE:

…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.

Question 47

Q

Persons and Family Relations

WHERE can the Marriage Ceremony be held? (venue)

General Rule?

Exceptions?

Answer

A

Art. 8.

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 the consul-general, consul or vice- consul, as the case may be, and not elsewhere;

except in cases of marriages contracted on:

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 48

Q

Persons and Family Relations

Is the fialure to comply with the venue requirements grounds to render VOID a marriage?

Answer

A

NO! Venue is Directory in nature!

its non-observance will not invalidate a marriage but can subject the person/s who cause the violation to civil, administrative or criminal liability.

Exceptions to the rule on Venue:

marriages in articulo mortis
marriages in a remote place
marriages where BOTH of the parties request a solemnizing officer in writing, in w/c case the marriage may be solemnize at a house or place designated by them in a sworn statement to that effect

Question 49

Q

Persons and Family Relations

Where does one go to aquire a Marriage License?

WHAT IS THE General Rule?

Exceptions to the Rule?

What happens when you are unable to comply?

Answer

A

ARTICLE 9 provides: 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.*

GR: Place of Issue – the contracting parties should get a ML from the LCR of the city/municipality where either of them resides.

Effect of Non-Compliance – mere irregularity & will NOT render the marriage void.

E: when ML not required.

Question 50

Q

Persons and Family Relations

In cases for CITIZENS of the Philippines who wish to get MARRIED but are abroad, who can solemnize their marriage under Philippine Law?

Who issues the ML? What about the duties of the LCR? WHAT ABOUT the AUTHORITY of the Solemnizing Officer?

Answer

A

Art. 10 provides: 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 said consular official.

Question 51

Q

Persons and Family Relations

What are the CONTENTS that are requires to be filled by each of the CONRACTING PARTIES in the APPLICATION for a MARRIAGE LICENSE?

Answer

A

Art. 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:

(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the previous marriage was dissolved or annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother; and
(10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years.

The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license. (59a)

Question 52

Q

Persons and Family Relations

Why is there a need for all these DOCUMENTARY RQUIREMENTS for a Marriage? Whats it for? explain.

Answer

A

Purpose of Documentary Requirements

proper documents must be maintained to serve as proof for the existence of the marriage
to discourage deception and seduction
to prevent illicit intercourse under the guise of matrimony
to relieve from doubt the status of parties who live together as man & wife, by providing competent evidence of the marriage
evidence of the status & legitimacy of the offspring of the marriage
the task of seeing to it that these documentary proofs are accomplished is addressed to the LCR to secure publicity and to require a record to be made of marriages contracted

Question 53

Q

Persons and Family Relations

Explain Ministerial Duty of Local Civil Registrar with Marriage applications.

Answer

A

When a marriage application signed & sworn to by parties & thereafter filed, the LCR has no choice but to accept the application & process the same up to the time of the issuance of the ML.

General Rule:

If the LCR has knowledge of some legal impediment, s/he cannot discontinue processing the application, but must only NOTE DOWN the legal impediments in the application & thereafter issue the ML

Exception:

The LCR is stopped by the courts.

Question 54

Q

Persons and Family Relations

What will the LOCAL CIVIL REGISTER require upon recieving the Marriage application?

Answer

A

Art. 12. The LCR, upon receiving such application, shall require;

the presentation of the original birth certificates or;
the baptismal certificates of the contracting parties or;
copies of such documents duly attested by the persons having custody of the originals.

These certificates or certified copies of the documents by this Article need not be sworn to and shall be EXEMPT from DST.

The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity.

Question 55

Q

Persons and Family Relations

What if either or both of the contracting parties is/are unable to provide the necessary documents like Birth Cert, Baptismal Cert or Cert. copy of either?

Answer

A

If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of:

the destruction or loss of the original or
if it is shown by an affidavit of such party or of any other person that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application, such 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, setting forth the full name, residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of such party.

The nearest of kin of the contracting parties shall be preferred as witnesses, or, in their default, persons of good reputation in the province or the locality.

(art12par2)

Question 56

Q

Persons and Family Relations

When is the PRESENTATION of the BIRTH or BAPTISMAL certificate NOT be requires?

Answer

A

The presentation of birth or baptismal certificate shall not be required if:

the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application,
Or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age.

(art12 par3)

Question 57

Q

Persons and Family Relations

In cases where either of the applicants for the Marriage License has been previously married, what are they required to produce instead of Birth/Baptismal Certificate?

If widow?

If divorced?

If previous marriage was VOID?

Answer

A

In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article:
- the Death Certificate of the deceased spouse or;
- the judicial decree of the absolute divorce, or;
- the judicial decree of annulment or;
- Declaration of nullity of his or her previous marriage.
In case the death certificate cannot be secured:
- the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse.

(Art.13)

Question 58

Q

Persons and Family Relations

In cases where either or both of the contracting parties aren’t emancipated by a previous marriage or are between the ages of 18-21,

Aside from the requirements of Art 12 and 13, they shall be required to produce what additional requirements?

Answer

A

In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar;
1. the consent to their marriage of their father,
2. mother,
3. surviving parent or guardian, or;
4. persons having legal charge of them, in the order mentioned.
Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or;
in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths.

The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications.

(art14)

Question 59

Q

Persons and Family Relations

Is there still such a thing as EMANCIPATION by MARRIAGE?

Answer

A

Nope.

There is NO EMANCIPATION BY MARRIAGE.
Emancipation now occurs when child reaches 18. Marrying age is 18 too. so yeah, no need na.

Question 60

Q

Persons and Family Relations

When is PARENTAL CONSENT required?

Answer

A

Parental consent

if any of the contracting parties are at least 18 but below 21, the consent of the:

Father
Mother
Surviving Parent
Guardian
Persons having legal charge of them.

must be obtained before a ML can be issued non-compliance does NOT make the marriage void, but merely annullable.
if any of the contracting parties are below 18, the marriage is void regardless of the existence or non-existence of the consent of the parents.

Question 61

Q

Persons and Family Relations

What is the ADDITIONAL REQUIREMENT for parties between the ages of 21 to 25 needed in applying for a Marriage License?

Answer

A

Any contracting party between the age of twenty-one and twenty-five shall be obliged:

To ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefore.
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.15)

Question 62

Q

Persons and Family Relations

For those seeking to get married between the ages of: 18 to 21, 21-25:

In addition to the requirements of O.BirthCert, BaptCert or Docs attesting such are required to submitt,

And in addition to the parental consent / parental advise,

ARE REQUIRED TO SUBMIT WHAT ELSE?

Answer

A

In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles,

Attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or
A marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counselling.

Failure to attach said certificates of marriage counselling shall suspend the issuance of the marriage license for a period of three months (90days) from the completion of the publication of the application.

Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.

Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counselling referred to in the preceding paragraph.

(ART.16)

Question 63

Q

Persons and Family Relations

Will the lack of PARENTAL ADVISE inavlidate the Marriage License or Marriage contract?

Answer

A

NOPE. Marriage still stands.

Absence of such does not affect the marriage

non-compliance is a mere irregularity
it is not an essential or formal requisite

Question 64

Q

Persons and Family Relations

After the LCR processes the application and requirements for the Marriage Certificate, what is he required to prepare?

Answer

A

A NOTICE!

The local civil registrar shall prepare a notice which shall contain:

the full names and residences of the applicants for a marriage license and;
other data given in the applications.

The notice shall be posted for (10) ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public.
This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period of publication.

(ART.17)

Answer 63

A

to post a notice to inform everybody of the impending marriage
the notice shall be posted for 10 consecutive days on a bulletin board outside the office of the LCR located in a conspicuous place w/in the building & accessible to the general public
the notice shall request all persons having knowledge of any impediment to the marriage to advice the LCR thereof

General Rule:

the ML shall be issued after the completion of the period of publication.

Exceptions:

if the contracting parties between the ages of 21 - 25, do not obtain the advice of the parents or if such advice is unfavourable, the LCR shall not issue the ML till after 3 months following the completion of the publication of the application thereof.
if the contracting parties who are at least 18 but below 21 failed to attach to the marriage application a certification that they have undergone marriage counselling, the issuance of the ML shall be suspended for 3 months from the completion of the publication of the application

***Issuance of the ML w/in the prohibited period shall subject the issuing officer to administrative sanctions, but shall not affect the validity of the marriage.

Answer 64

A

In case of any impediment known to the local civil registrar or brought to his attention:

He shall note down the particulars thereof and his findings thereon in the application for marriage license, but shall nonetheless issue said license after the completion of the period of publication,
- unless ordered otherwise by a competent court at his own instance or that of any interest party.
- No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order.

(ART.17)

Answer 65

A

PAYMENT!

The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license.

No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license.
It shall, however, be issued free of charge to indigent parties, that is those who have no visible means of income or whose income is insufficient for their subsistence a fact established by their affidavit, or by their oath before the local civil registrar.

(Art. 19.)

Answer 66

A

GENERAL RULE:

In case of impediment known to the LCR or brought to his attention, he shall merely note down the particulars thereof & his findings thereon in the application for a ML. He is still duty bound to issue said ML after payment of the necessary fees, unless exempted due to indigence, after the completion of the period of publication.

Purpose:

To eliminate any opportunity for extortion; and giving much leeway to the LCR could be a source of graft.

Exceptions:

Injunction order from the court directing the non-issuance of the ML can empower the LCR to validly refuse to issue said ML.
- The court action may be brought by the LCR himself or by any interested party (e.g. the contracting parties’ parents, brothers, sisters, existing spouse, or those w/c may be prejudiced by the marriage)
If a foreigner who seeks to solemnize his/her marriage here w/ a Filipino fails to obtain a certificate of legal capacity

^{If despite an injunction order from the court, the LCR still issues a ML & a marriage is solemnized on the basis of such ML, the marriage will still be valid because the validity of the ML is not affected by the violation of the injunction. The parties responsible for the irregularity shall be civilly, criminally, & administratively liable.}

Answer 67

A

Criminal Liability of the LCR

Directly/indirectly attempting to influence any contracting party to marry or;
refrain from marrying in any church/sect/religion or before any civil authority
Unlawfully issues a ML or;
maliciously refuses to issue a ML to a person entitled thereto, or;
fails to issue the same w/in 24 hours after the time when it was proper to issue the same.

Answer 68

A

The license shall be valid in any part of the Philippines
for a period of one hundred twenty days from the date of issue, and
shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it.
- The expiry date shall be stamped in bold characters on the face of every license issued.

(ART.20)

NOTE:

Not VALID anywhere else outside the RP.

Answer 69

A

When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to:
- Submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required,
- Submit an affidavit stating the circumstances showing such capacity to contract marriage.

(ART.21)

Answer 70

A

Foreigners may contract marriage in the Philippines, but they need to secure a ML in the Philippines. Before such ML is issued, they have to submit a certificate of legal capacity.
A certificate of legal capacity is necessary because the Philippines, insofar as marriage is concerned, adheres to the national law of the contracting parties w/ respect to their legal capacity to contract marriage.

^{(e.g. if a 16 year old US citizen is legally capacitated to marry in the US & wants to marry here, he can do so by obtaining a certificate of legal capacity stating that in the US, persons 16 years of age can be validly married)}

Answer 71

A

General Rule:

Generally, NO. If the foreigner fails to obtain the certification of legal capacity, the LCR will not issue the ML. The law clearly provides that as to the foreigner, this is a necessary requisite before a ML can be obtained by him/her.

^{(Note: If w/o the certificate of legal capacity, the ML was nevertheless issued, the marriage will still be considered valid as this is merely an irregularity in complying w/ a formal requirement of the law in procuring a ML.)}

Exceptions:

if the contracting parties are BOTH foreigners who desire to have their marriage solemnized by their country’s consul-general officially assigned here in the Phil., they can get married before such consul-general w/o procuring a ML here if their country’s laws allow the same. Such marriage shall be recognized here in the Phil.

Stateless persons or Refugees – required to file an affidavit stating the circumstances showing such capacity to contract marriage in lieu of the certificate of legal capacity

Answer 72

A

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.

(Art. 22)

Answer 73

A

1. It shall be the duty of the person solemnizing the marriage to:

furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to;
send the duplicate and triplicate copies of the certificate not later than FIFTEEN DAYS after the marriage, to the local civil registrar of the place where the marriage was solemnized.

2. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate.

3. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the original of the marriage license

and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8.

(Art. 23.)

Answer 74

A

Always Presume Marriage!

That a man & a woman deporting themselves as H&W have entered into a lawful contract of marriage is a presumption w/c is considered satisfactory if uncontradicted, but may be contradicted & overcome by evidence.
Public policy should aid acts intended to validate marriages & should retard acts intended to invalidate marriages.
LAW and PUBLIC POLICY favor matrimony.
Presumption of LEGALITY. Strongest known to the law.

Answer 75

A

When the question as to w/n a marriage has been contracted arises in litigation, said marriage may proved by evidence of any kind.

Best / primary evidence of a marriage - the MARRIAGE CONTRACT.
Good evidences of marriage – baptismal certificate, judicial decisions, family bible in w/c the names of the spouses have been entered as married
A marriage may be proved by parol evidence. Testimony by 1 of the parties or witnesses to the marriage, or by the person who solemnized the same, is admissible & competent to prove marriage. The testimonies themselves must be credible & must proceed from a witness who is likewise credible.
A solemn statement in the will of the deceased as to the fact of his marriage is also admissible proof of such marriage.
Public & open cohabitation as H&W after the alleged marriage, birth & baptismal certificates of children borne by the alleged spouses, & a statement of such marriage in subsequent documents are competent evidence to prove the fact of marriage.
A certificate of marriage made many years after the marriage is inadmissible, especially where there was no register of the marriage in official records.

Failure to present a marriage certificate is not fatal in a case where a marriage is in dispute, as the parties can still rely on the presumption of marriage.

Answer 76

A

General RULE.

Nope. A mere photostat copy of marriage certificate is a worthless piece of paper.

Exceptions:

If such photostat copy emanated from the Office of the Local Civil Registrar & duly certified by the LCR as an authentic copy of the records in his office, such certified Photostat copy is admissible as evidence.
If the photostat copies, though not certified by the office of the LCR, are presented in court w/o objection from the opposing parties & consequently admitted by the court, the said Photostat copies are deemed sufficient proof of the facts contained therein & can be proof of marriage.

^{Note: Mere cohabitation is not direct proof of marriage. The conduct of the parties, in order to constitute evidence of marital consent, must be something more than more living together; it must be an association, consciously & openly, as H&W.}

Answer 77

A

NO.

The SC, after reviewing the evidence, rejected such assertion. The absence of a marriage contract is not always proof that no marriage in fact took place.

Other evidence may be presented to support such fact.
The evidence need not necessarily or directly establish the marriage but must at least be enough to strengthen the presumption of marriage.

Answer 78

A

Anyone assailing the validity of a marriage is required to make plain, against the constant pressure of presumption of legality, the truth of law & fact that the marriage was not legal.
The evidence to repel that presumption must be strong, distinct and satisfactory.

Answer 79

A

HELD:

It is weak & insufficient to rebut the presumption that persons living together as H&W arent married to each other.

Answer 80

A

HELD:

Lack thereof Is convincing enough evidence to destroy the validity of marriage on the ground of absence of a valid Marriage License.

Answer 81

A

Yes!

The SC said that such certification was adequate to prove the non-issuance of a ML, and absent any suspicion, it enjoyed probative value considering that;
- the LCR was the officer charged under the law to keep a record of all data relative to the issuance of a ML.

Answer 82

A

Nope.

The SC did not allow the nullity of the marriage on the ground of absence of a ML considering that the circumstances & the certification do not categorically & w/ absolute certainty show & state that the ML cannot be found & that there were earnest efforts to look for the same.

Answer 83

A

It shall be the duty of the local civil registrar to prepare the documents required by this Title,
and to administer oaths to all interested parties without any charge in both cases.
The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax.

Answer 84

A

The local civil registrar concerned 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 issued, and such other data as may be necessary.

(Art. 25.)

Answer 85

A

Marriage Register - The LCR keeps a marriage register of all persons married in its locality..

In the marriage register, there shall be entered:
Full names, address & age of contracting parties
date & place of solemnization of the marriage
full names & address of the witnesses & their relation w/ the contracting parties
full name, title & address of the person who solemnized the marriage

Answer 86

A

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), 3637 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. (As amended by Executive Order 227) (Art. 26)

Answer 87

A

The Philippines follows the lex loci celebrationis.

The validity of a marriage is to be determined by the law of the place where it is celebrated. Thus, marriages solemnized abroad & w/c are valid there as such are recognized as valid here. (general rule)

(Exceptions to this rule)

one or both of the parties are below 18 years of age

refers to marriages abroad between a Filipino & Filipina and NOT between a Filipino/a and an alien married in the alien’s state where the alien, though between 18 years of age, is capacitated to marry. Reason: With respect to legal capacity, the Philippines follows the NATIONALITY RULE.

bigamous/polygamous marriages not falling under Art. 41 or covered by the Muslim Code.
mistake of identity
subsequent void marriages under Art. 53
psychological incapacity
incestuous marriages
void marriages by reason of pubic policy
common-law marriages
same sex marriages

Answer 88

A

International Comity

the legal effect w/c may be given by 1 state to the marriage laws of another state is merely because of comity or because public policy & justice demand the recognition of such laws.
- No state is bound by comity to give effect in its courts to laws w/c are repugnant to its own laws & policy.

WHY?

Every sovereign state has the right to declare what marriages it will or will not recognize, regardless of whether the participants are domiciled w/in or w/o its borders & notwithstanding such marriages’ validity under the laws of a foreign state where such marriages were contracted.

Answer 89

A

PROOF OF FOREIGN MARRIAGE

If married abroad, must show clear proof
Otherwise, it is presumed foreigner has same laws as the Philippines
- Must be proven by the one asserting VALIDITY.
- If someone contravenes, then he takes the burden to prove its invalidity.

Burden proving:

INVALIDATOR > VALIDATOR

Answer 90

A

VALIDITY OF DIVORCE = GENERALLY not recognized.

Ex:

2 Filipinos marry abroad. One files for divorce.

US recognizes such BUT Philippines DOES NOT (art 15 & 17 of Family Code)

If spouse is foreigner, if the FILIPINO files the divorce, it is NOT recognized
- Contracting another marriage here would constitute bigamy
- Sleeping w/ another = ADULTERY since spouse is still legally married
If spouse files divorce, it is RECOGNIZED. This is so that Filipinos who are divorced can remarry again and not be stuck to the ex-spouse.
Filing of divorce supersedes time of marriage when it comes to determining citizenship

Answer 91

A

Yuuuuup.

Held:

Principally, the PH follows the Nationality Principle, wherein the laws where the citizen comes from shall follow. Since Bayot acquired the divorce as an American citizen, it SHOULD be recognized since divorce is valid in the U.S. and her securing of such was done as an American citizen of which she chose to be at the time of the divorce.

Therefore, there was no marriage to declare nullified anymore and that Vicente has no obligation to Bayot anymore.

Answer 92

A

Held:

The RTC was correct in stating that the PH law did not clearly state if the foreigner can file for such, but it does not limit his legal standing.

He need only show a document proving that such laws are legal in Canada, and thus can remarry. The decision was REMANDED.

Answer 93

A

Invalid marriages abroad shall also be so here.

Civil case can be filed in nullifying a marriage based on the laws where the marriage took place.
Marriages invalid abroad but would have been valid if it were in the PHP will STILL BE INVALID in the Philippines

Same rules apply for voidable marriages

Int’l law – with extrinsic and intrinsic requirements, the laws where the marriage took place shall apply (not sure what this means…)

Answer 94

A

YES.

In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (Art.27)
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 necessity of a marriage license. (Art.28)

Answer 95

A

The solemnizing officer shall state in an affidavit executed;
- before the local civil registrar or;
- any other person legally authorized to administer oaths
that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and;
that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and;
the absence of legal impediment to the marriage.

(Art. 29)

Answer 96

A

The original affidavit;
together with the 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(30) after the performance of the marriage.

(Art. 30)

Answer 97

A

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. (Art. 31)
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. (Art. 32)
Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (Art. 33)

Answer 98

A

YES!

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.

(Art. 34.)

Answer 99

A

REASONINGS AND DETAILS OF PROVISION

FAR AREAS – marriage should always be encouraged. Absence of the provision would make Illegal marriages happen a lot only because license was difficult to acquire.
Muslims are governed by the CODE OF MUSLIM PERSONAL LAWS while the CAR is governed by ORGANIC ACT FOR THE CORDILLERA AUTONOMOUS REGION.
- Any other cultural minority shall need to comply with the FAMILY CODE when it comes to requirements other than the marriage license
- Muslim code (Feb 8 1977) – did not require license

Family Code (Aug 3, 1988) – did not require license for cultural minorities

Both laws agree with each other!

Answer 100

A

COHABITATION FOR FIVE YEARS
Cohabitation’s exclusivity and continuity must be unbroken.
Legal impediments must be absent AT THE TIME of the marriage ceremony (not during the 5-year period)
Solemnizing Officer must be in charge of investigating all the facts regarding the marriage qualifications

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