Marriage (1/3 MT) Flashcards
PPT - Arcani Notes
what is marriage (constitutional concept)
Marriage is an inviolable social institution, is the foundation of the family and shall be protected by the state
Article XV (The Family) Section 2 of the 1987 Constitution
what is marriage (statutory concept)
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 (marriage) is the foundation of the family & an inviolable social institution whose [nci] 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.
LB: Article 1 of Family Code (1987) (E.O. 209)
Dual aspect of marriage
it is a contract
- 3 parties (man, woman, state)
- C.O.C present
- permanent but w/ remedies
creates a status
- specifies gender
- being a status, its nature, consequence, and incidents are governed by law
A & B are both well off and stipulate that they don’t need to support each other as husband and wife. A now asks for support from his millionaire wife B and B raises the defense that of their stipulation?
No, because the NCI of marriage is governed by law & cannot be subject to stipulation.
Under the law, the spouses are obligated to support each other. (Art. 68 Rights & Obligations bet. Husband & Wife)
Emman and Julia > agreed to open marriage > in
accordance with that arrangement, Julia is free to play
around but because Emman felt jealous and stalked
Julia preventing her from fooling around. Can julia
request an injunction and raise the defense that their
agreement is that they have an open marriage
No, the NCI of marriage cannot be bargained away as it is governed by law.
Remedy or Advice for same sex couples (JP)
Jesus Falcis v. Civil Registrar General
- proper remedy is not judicial intervention but through legislative interventions that marriage defined in the FC be made to include homosexual marriage.
Furthermore, the 1987 Constitution does NOT define marriage but provides the policy to protect the sanctity of marriage. It is Congress who defines marriage
what are the essential requisites of marriage in order to be valid?
[or]
when can we say that there is a valid marriage?
No marriage shall be valid, unless these essential requisites are present
- LEGAL CAPACITY of the contracting parties who must be a male and a female, and;
- CONSENT FREELY given in the presence of the solemnizing officer
LB: Art. 2 FC
What constitutes ‘Legal Capacity’?
- must be male and female
- 18 > y.o. above
- absence of any legal impediment (art. 37, 38, 41)
Differentiate Silverio 2007 case v. Cagandahan 2008 case
[Silverio]
- gender is determined by birth by the physical examination of the genitalia
- gender is immutable & no amount of surgery can change one’s gender
[Cagandahan]
- in a case of Hermaphroditism, when the person reaches the age of majority, he/she can determine what gender/sex the person identifies with
Atty T was surprised to see that his gender in his birth certificate is blank. What is his remedy?
- Judicial Correction of Entries (Rule 108)
- Administrative Correction of Entries (done in LCR)
36
37
38
41
53
36 - PI
37 - Incestuous
38 - Void by Public Policy
41 - bigamous marriage
53 - 2nd marriage void for non-compliance of 52 (L.I.)
Art. 37
Incestuous marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate
- between ascendants & descendants of any degree
- between brothers & sisters whether half or full blood
Art. 38
marriage is void from the beginning by reason of public policy
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse
5 —- M adopts B. M marries W. M dies. B cannot marry W.
6 — - M adopts B. B marries G. B dies. G cannot marry M
Jessa is the adoptive mother of Ella
Jessa has a legitimate son named Enricko
Jessa, out of wedlock, has an illegitimate son named Eugene.
Ella & Eugene marries. Is the marriage void?
The marriage is valid. Provided for in Art. 38, marriages are void by reason of public policy between the adopted child & the legitimate child of the adopter is void.
In this case, Eugene is illegitimate and Ella is adopted so there is no prohibition. However, should Ella and the legitimate son of Jessa, Emman marry, that shall be void by reason of public policy
Isabel married Emman > Isabel filed PNM (petition for nullity of marriage) based on 36 > Emman judicially declared PI
Is psychological incapacity a legal impediment to marry? Can Emman contract a 2nd marriage with a declaration of PI?
Yes, Emman can contract a 2nd marriage. A person declared PI can still contract a subsequent marriage because PI is NOT a legal impediment
it does not act as a barrier to entering into a marriage initially, but rather as a basis to nullify the marriage after it has been contracted under Art. 36
can a person whose marriage was declared void by PI remarry the same person?
Yes, while the SC ruled that PI is permanent & incurable incapacity,however the SC also clarified that the qualification of “incurability” means the incapacity exists DURING the marriage and not there being no cure/treatment; PI is premised on persistence and not absolute incurability
That is why spouses declared PI can always remarry as things might work out. Once again, while PI is a ground to declare a marriage void, it is not a L.I. nor an essential requisite.
Q: What must be provided in a judgment
- declaring VOID under art. 40?
- declaring ANNULLED under 45?
in both cases,
[Art. 50]
- citing Art. 43 (2, 3, 4, & 5) & citing Art. 44 shall apply to marriages void (art. 40) [and] marriages annulled (art. 45)
JUDGMENT must include
- [lpd] of properties
-custody & support of common children
- delivery of presumptive legitimes
[Art. 52]
RECORDING in appropriate LCR [and] registry of properties;
- partition & distribution of the properties of the spouses
- delivery of the children’s presumptive legitime
OTHERWISE, it will have no effect on third persons (new person who wants to marry the annulled person or person in a void ab initio marriage)
IOW, non-compliance would be as if the previous marriage still exists (even with DANM or Annulment) therefore subsequent marriage would be VOID
Effect of non-compliance of Art. 52 in spite obtaining the declaration of void marriage [or] annulled marriage
Non-compliance w/ art. 52 constitutes a legal impediment.
under Art. 53, the 2nd marriage is void for lack of legal capacity because of the presence of a L.I.
Essential Requisites > Consent vs. Motive >
Distinguish
Liberty Albios case vs. Morimoto case
Republic v. Liberty Albios 2013
While Liberty showed no intention to establish a conjugal and family life and the marriage was only for the purpose of acquiring american citizenship, it did not make the marriage void. MOTIVE may be impure but as long as there is CONSENT, the marriage is valid
- authorities of civil law are more inclined to agree with the Albios doctrine
Morimoto vs Morimoto 2021
Marriage entered for the purpose of acquiring Japanese visa. The SC ruled (SAJ) that a valid marriage is for the purpose of the establishment of conjugal and family life. When parties enter into marriage NOT for the conjugal purpose, there is no marriage to speak of thus it is a void marriage (contrary to the Albios case)
- purpose was an element of consent. consent being intertwined with the purpose of establishing conjugal and family life
what are the formal requisites of marriage?
- authority of the solemnizing officer
- a valid marriage license exc in cases provided for in Chap 2 of this Title, and;
- a marriage ceremony
a. which takes place with the appearance of the contracting parties before the SO [and]
b. their personal declaration that they take each other as husband and wife
c. in the presence of NOT LESS than (2) two witnesses of legal age.
Formal Requisites > Authority of the solemnizing officer >
who may solemnize marriage? (Art. 7) & (LGC, S444, p(b)(1)(xviii)
- incumbent members of the Judiciary within its jurisdiction
- Priest, etc. of any church or religious sect DULY AUTHORIZED by the same [and]
REGISTERED with the civil registrar general …
provided that at least (1) one of the contracting parties belongs to the solemnizing officer’s church or religious sect
- Ship captain or airplane chief in articulo mortis while at sea/flight but also during stopovers at ports of call (31)
- Military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, only inc cases in (32)
- Consul general, consul, or vice consul in cases of Art. 10
- City or Municipal Mayor
Jhoanne is a consul. can she solmenize marriage between a filipino and a national in europe?
No, they must be both Filipinos for a consul to have authority to solemnize marriages.
Formal Requisites > valid marriage license >
who may issue marriage license?
Local Civil Registrar
how long is the validity of a marriage license?
120 days valid from its issuance (and) can be used anywhere in the Philippines
Note: The requirement of residency is only relevant for purposes of applying for a marriage license - because once a marriage license is issued or obtained, the marriage may be solemnized ANYWHERE.
A & B were married but later was later obtained a DANM. A contracted a subsequent marriage with C in the process of the delivery of his presumptive legitims to his children with B.
A & C living both in Mandaue applied for a ML and the LCR issued the ML. Can B challenge the fact that the LCR issued a ML to A & C even with a Legal Impediment?
No, even if there is a L.I. between A & C as A had not complied with Art. 52 thus making their marriage between C void for lack of compliance, the LCR’s duty is ministerial, in that, they still must issue the ML in spite of the L.I.
the remedy of the LCR should ask for an order preventing such issuance.
Formal Requisites > valid Marriage ceremony
Is a marriage solemnized on-line valid?
While Art. 3 did not provide personally appeared but merely “appearance”
and appearance can be complied through videoconferencing like how rules of court allow court hearings to be done online.
It is however not allowed. Virtual marriages are VOID for absence of a valid marriage ceremony
what does personal declaration refer to?
refers to prohibition of proxy’s were a representative says “I do” in behalf of the future spouse.
how is personal declaration complied with?
- either by oral declaration, or
- signing of the marriage contract
either way will comply the requirement of personal declaration
Formal Requisites > valid Marriage ceremony
where can the marriage ceremony be solemnized?
GEN RULE & EXC
the marriage shall be solemnized PUBLICLY;
[Art. 8]
1. chambers of the judge [or] in open court
- church, chapel, temple
- office of consul, vice-consul, consul-general
[Exc]
1. in articulo mortis
2. remote places so far located [29]
3. both parties, in writing to S.O. house or place [29]
wrong venue is an irregularity not absence of marriage ceremony therefore valid
what must the S.O. insofar as the requirement in lieu of a ML in articulo mortis [and] residence of either party is located in far-flung area?
SO execute affidavit before LCR or person authorized to administer oaths stating that;
- marriage was performed in articulo mortis or that the residence of either party is so located without means of transportation to enable the party to personally appear before the LCR
- the SO took necessary steps to ascertain ages & relationshp of the contracting parties & absence of LI
Specific Examples of VOID Mrgs. due to ABSENCE of ESSENTIAL requisites
absent essential = void
[Absence of Consent]
- Mrg. in jest
- mistaken identity
[Absence of legal capacity]
- either below 18
- same sex
- incestuous
- void by public policy
- big or poly mrg.
Roble agreed to marry Emman but at the time of the wedding, Emman was unable to wake up early because of the bachelor’s party, Emman sent his identical brother to the wedding and Roble personally
declared to be her lawful husband.
is this absence of consent or defect in consent?
This is absence of consent due to Mistake in Identity. While there is consent, insofar as the right person, there is no consent
Cite Specific Instances where any of the ESSENTIAL reqs of mrg is DEFECTIVE
defective essential = voidable
[Defective Consent]
- Mrg. either is of unsound mind (45(2)
- consent obtained by fraud (45(3)
- consent obtained by [fiu] force, intimidation, or undue influence (45(4)
[Defective Legal Capacity]
- Party 18-20 > Mrg. Solemnize > No Consent [pg/spa] (45(1))
p.s.
spa - substitute parental authority
difference between homosexuality for a ground of annulment under art. 46(3) and homosexuality for grounds of legal separation under art. 55(6)
concealment. had he not conceal, she would not have given her consent to marry (46 annulment)
