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

Question

# 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 1

**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._

Answer 2

**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.

Answer 3

* 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**

Answer 4

_Requirements of Consent:_ 1. **Freely given; and;** 2. **Must be _made in the presence of_ the _solemnizing officer_** 3. Child shall have freedom of choosing spouse.

Answer 5

* If there is _total absence_ of consent; the MARRIAGE contracted is **VOID *ab initio*** * If the consent is obtained through: 1. fraud, 2. force, 3. intimidation, 4. undue influence Marriage is **_Annullable_.**

Answer 6

* _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 th**e absence of any showing to the contrary.**

Answer 7

**_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; 1. ***point of death*** or; 2. 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.

Answer 8

**YES.** Criminal liability shall be _incurred_ by: 1. A person who solemnizes marriage w/o authority 2. 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.

Answer 9

**_Valid Marriage License_** 1. **Issued by the LCR** of the _place where the marriage application was **filed.**_ 2. It has a lifetime of **120 days from the date of issue**. 3. 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.

Answer 10

**_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.

Answer 11

**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.

Answer 12

**_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

Answer 13

**_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.**

Answer 14

**ABSENCE/DEFECT IN ESSENTIAL REQUIREMENTS** * **General rule** – ABSENCE of any essential requirement makes marriage **VOID**. * Expired license = unusable = void. * MARRIAGE BY JEST = void.

Answer 15

* 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.

Answer 16

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._

Answer 17

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**.

Answer 18

Other Irregularities Which do NOT Affect the Validity of a Marriage 1. Absence of 2 witnesses of legal age during the marriage ceremony 2. There was only 1 witness of legal age 3. There were witnesses but not of legal age 4. Absence of a marriage certificate 5. 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 6. Issuance of ML in city/municipality not the residence of either of the contracting parties 7. Unsworn application for a ML 8. 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 9. 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 10. 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 11. Failure of the contracting parties to present original birth certificate or baptismal certificate to the LCR who likewise failed to ask for the same 12. 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 13. Failure of the contracting parties bet. the ages of 21-25 to exhibit advice of parents to LCR 14. Failure to undergo marriage counselling 15. Failure of the LCR to post the required notices 16. Issuance of ML despite absence of publication or prior to the completion of the 10-day period for publication 17. Failure of the contracting parties to pay the prescribed fees for the ML 18. Failure of the person solemnizing the marriage to send copies of the marriage certificate to the LCR 19. 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

Answer 19

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 *H**ighest 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!_**

Answer 20

**_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.*

Answer 21

**Art. 8.** The marriage shall be solemnized **publicly** in: 1. the chambers of the judge or in open court, 2. in the church, chapel or temple; 3. 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: 1. the point of death or; 2. in remote places in accordance with Article 29 of this Code; 3. 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.

Answer 22

**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

Answer 23

* **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.

Answer 24

**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.**

Answer 25

**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)

Answer 26

**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

Answer 27

* 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.

Answer 28

**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**.

Answer 29

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)**

Answer 30

The presentation of birth or baptismal certificate shall _not be required_ if: 1. 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, 2. 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)**

Answer 31

* 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)**

Answer 32

* 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)**

Answer 33

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

Answer 34

**Parental consent** if any of the contracting parties are at least 18 but below 21, the consent of the: 1. Father 2. Mother 3. Surviving Parent 4. Guardian 5. 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.

Answer 35

**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)**

Answer 36

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, 1. Attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or 2. 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)**

Answer 37

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**

Answer 38

**A NOTICE!** **The local civil registrar shall prepare a notice which shall contain:** 1. the full names and residences of the applicants for a marriage license and; 2. 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 39

1. to **post a notice** to inform everybody of the impending marriage 2. 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 3. 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 40

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 41

**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 42

**_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 43

**Criminal Liability of the LCR** 1. **Directly/indirectly attempting to influence** any contracting party to marry or; 2. refrain from marrying in any church/sect/religion or before any civil authority 3. **Unlawfully issues a ML** or; 4. **maliciously refuses to issue a ML** to a person entitled thereto, or; 5. **fails to issue the same w/in 24 hours** after the time when it was proper to issue the same.

Answer 44

* 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. ## Footnote **(ART.20)** **NOTE:** **Not VALID anywhere else outside the RP.**

Answer 45

* 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. ## Footnote **(ART.21)**

Answer 46

* 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. ## Footnote ***^{(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 47

**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 48

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 49

**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 50

**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 51

**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 52

**_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 53

**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 54

* 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 55

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

Answer 56

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

Answer 57

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 58

**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 59

* 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 60

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 61

**Marriage Register** - The LCR keeps a marriage register of all persons married in its locality.. 1. In the marriage register, there shall be entered: 2. Full names, address & age of contracting parties 3. date & place of solemnization of the marriage 4. full names & address of the witnesses & their relation w/ the contracting parties 5. full name, title & address of the person who solemnized the marriage

Answer 62

* 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 63

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 64

**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 65

**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 66

**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 67

**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 68

**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 69

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 70

**YES.** 1. 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)** 2. 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 71

1. The solemnizing officer shall **state in an _affidavit_ executed;** * **before the local civil registrar** or; * any other person legally authorized to administer oaths 2. 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; 3. that the officer took the necessary steps to ascertain the **ages and relationship** of the contracting parties and; 4. the absence of legal impediment to the marriage. ## Footnote **(Art. 29)**

Answer 72

1. The **original affidavit**; 2. 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 73

* 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 74

**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 75

**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 76

1. **COHABITATION FOR FIVE YEARS** 2. Cohabitation’s exclusivity and continuity must be unbroken. 3. Legal impediments must be absent AT THE TIME of the marriage ceremony (not during the 5-year period) 4. Solemnizing Officer must be in charge of investigating all the facts regarding the marriage qualifications

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

Understand the Family Code to apply it in actual cases.