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Persons & Family Relations > Marriage > Flashcards

Marriage Flashcards

PPT - Arcani Notes

1
Q

what is marriage (constitutional concept)

A

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

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2
Q

what is marriage (statutory concept)

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 (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)

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3
Q

Dual aspect of marriage

A

it is a contract

creates a status

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4
Q

what are the essential requisites of marriage in order to be valid?

[or]

when can we say that there is a valid marriage?

A

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

LB: Art. 2 FC

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5
Q

What constitutes ‘Legal Capacity’?

A
  1. must be male and female
  2. 18 > y.o. above
  3. absence of any legal impediment (art. 37, 38, 41)
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6
Q

Is psychological incapacity a legal impediment to marry?

A

No, psychological incapacity is not considered a legal impediment to marry.

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

Psychological incapacity refers to a spouse’s inability to fulfill the essential marital obligations, and if proven, it can render the marriage null and void.

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7
Q

Is non-compliance w/ Art. 52 in relation to Art. 50 & 43(2) a legal impediment?

A

Yes, non-compliance w/ 52 constitutes a legal impediment.

52 mandates that the
- DANM
- partition & distribution of properties of Sps.
- delivery of PL

shall be RECORDED in
- appropriate civil registry, and
- registry of properties

OTHERWISE, it will have no effect on third persons (new person who wants to marry the annulled person)

IOW, non-compliance would be as if the previous marriage still exists (even with DANM) therefore subsequent marriage would be VOID

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8
Q

what are the formal requisites of marriage?

A
  1. authority of the solemnizing officer
  2. a valid marriage license exc in cases provided for in Chap 2 of this Title, and;
  3. 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.
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9
Q

Formal Requisites > Authority of the solemnizing officer >

who may solemnize marriage? (Art. 7) & (LGC, S444, p(b)(1)(xviii)

A
  1. incumbent members of the Judiciary within its jurisdiction
  2. 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

  1. Ship captain or airplane chief in articulo mortis while at sea/flight but also during stopovers at ports of call (31)
  2. 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)
  3. Consul general, consul, or vice consul in cases of Art. 10
  4. City or Municipal Mayor
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10
Q

Formal Requisites > valid marriage license >

who may issue marriage license?

A

Local Civil Registrar

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11
Q

how long is the validity of a marriage license?

A

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.

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12
Q

Formal Requisites > valid Marriage ceremony

Is a marriage solemnized on-line valid?

A

Yes, it did not say personally appeared

  • Cite Art. 3
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13
Q

Formal Requisites > valid Marriage ceremony

where can the marriage ceremony be solemnized?

GEN RULE & EXC

A

[Art. 8]
1. chambers of the judge [or] in open court

  1. church, chapel, temple
  2. 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]

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14
Q

Specific Examples of VOID Mrgs. due to ABSENCE of ESSENTIAL requisites

absent essential = void

A

[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.

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15
Q

Cite Specific Instances where any of the ESSENTIAL reqs of mrg is DEFECTIVE

defective essential = voidable

A

[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 18-21 > Mrg. Solemnize > No Consent [pg/spa] (45(1))

p.s.
spa - substitute parental authority

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16
Q

Specific Examples of VOID Mrgs. due to ABSENCE of FORMAL requisites

absent formal = void

A

[Absence of Solemnizing Officer]
- does not have legal authority to solemnize (w/ exc.)

[Absence of marriage license]
-** total absence** of ML
- ML expired at time of solemnization of marriage
- AoCohabitation under r34 is falsified

[Absence of marriage ceremony]
- signed marriage contract [w/o a S.O.] & [w/o actual wedding ceremony] (Pp v. Morigo)

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17
Q

Juan and Maria have been living together as husband and wife for over five years without any interruption. They share a house, attend family gatherings together, and are recognized in their community as a couple. Juan now wishes to formalize their relationship and plans to marry Maria. He seeks to execute an Affidavit of Cohabitation under Article 34 of the Family Code, stating that they have lived together continuously for more than five years without any legal impediment to marry.

However, during their relationship, Juan has not obtained a legal separation or annulment from his previous marriage to Ana, which remains subsisting.

Can Juan validly execute the Affidavit of Cohabitation and marry Maria without a marriage license?

A

No. While it is true that Juan has been consistently living together with Maria for more than 5 years and may execute an affidavit of cohabitation as an exception to the formal requisite of a valid marriage license, he however has a legal impediment as he still has a valid and subsisting marriage with Ana so Art. 34 will not apply

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18
Q

Distinguish total absence of consent from vitiated consent

A

total absence - void

vitiated/defective consent - voidABLE

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19
Q

Cite Specific Instances where IRREGULARLITY in a FORMAL req of Mrg.

irregular formal = valid

A

[Irregular Authority of SO]

  • Mrg solemnized by a judge outside of territorial JD of the court

[Irregular ML]

  • ML issued violating 10 day notice of publication requirement
  • ML issued by LCR of the city/municipality where none of the parties reside
  • ML issued w/o PA [and] Cert of Mrg. Cnsling w/in the prohibitive period [15, 16]

[Irregular MC]

  • absent 2 witnesses req
  • witnesses not of legal age
  • solemnize in wrong venue
  • absent verbal exchange of “I DOs” [exc when] the parties signed the Marriage Certificate
  • absent marriage certificate [exc when] the parties personally & publicly declare in the presence of the SO & witnesses that they take each other as husband and wife
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20
Q

Formal Req > Marriage solemnized w/o ML is void

exceptions

A

v. armmm

  1. in articulo mortis [27]
  2. remote places so far located [28]
  3. during voyage [31]
  4. w/in zones of military operations [32]
  5. among muslims or ethnic cultural communities [33]
  6. ratification of marital cohabitation [34]
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21
Q

If the parties believed that the senator who solemnized the marriage is authorized.

Does the exception apply?

Would your answer be the same had the solemnizing officer be judge but no longer an incumbent member of the judiciary?

A
  1. This is mistake of law. Senators are not authorized by law to do so and Ignorance with the law excuses no one therewith
  2. this is mistake of fact
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22
Q

Is good faith on the part of either or both of the contracting parties an exception to the requirement of a valid marriage license?

A

No, good faith is not an exception as it is not provided for in the family code nor in prevailing jurisprudence

[Arcani]
The Family Code does not consider good faith insofar as the requirement of a marriage license is concerned. Good faith is only applicable to the authority of a solemnizing officer.

23
Q

Effects of DEFECT in any of the ESSENTIAL requisites?

A
  1. It renders the marriage voidABLE so it is valid until annulled by the court.
24
Q

essential requisite: defect

formal requisite: ___

A

irregularity

Art. 4

25
Q

Is a marriage where either of the contracting parties is suffering from a

  • permanent and incurable physical inability to consummate marriage (45(5) or
  • a serious and incurable STD (45 (6)

voidable due to defective consent?

A

No they are not a ground for a defective consent, however they are still grounds to declare a marriage annulled called ground for total consideration of marriage

because going back to the statutory definition of marriage, it is for the establishment of the conjugal and family home. One cannot if these grounds are present.

26
Q

when to use

Nullity:
Annulment:

A

N - void mrgs.
A - voidAble mrgs

27
Q

Effects of IRREGULARITY in any of the FORMAL reqs

A

shall not affect the validity but parties responsible for the irregularity shall be administratively, civilly, and criminally liable

28
Q

18 -21 is required to secure:

21-25 is required to secure

A
  1. P. Consent
  2. P. Advice
  • both require Certificate of Marriage Counseling [16]
29
Q

May a city or municipal mayor solemnize marriage outside of his/her territorial jurisdiction?

A

Yes, as the provided in the LGC (imo)

30
Q

May a city or municipal mayor solemnize the marriage of parties neither of whom is a resident of his/her city or municipality?

A

Yes, provided it is w/in territorial JD of the mayor [imo]

31
Q

Other than Marriage Contract (not license), how can the fact of marriage be proved?

A

by Extrinsic Evidence (De Jacob v. CA)

  • testimony of witness to the matrimony
  • couple’s public & open cohabitation after alleged wedlock
  • birth & baptismal certs of children born during such union
  • mention of fact of marriage in subsequent documents
32
Q

Conflict of Laws > Rule on Marriage > Lex Loci Celebracionis (Art. 26) Marriages valid outside, is valid in the Philippines

Specific Exceptions

A

[Art. 35 (par. 1, 4, 5, 6)]
1 - Mrgs. below 18
4 - Big/Poly Mrgs
5 - Mrg thru mistake of identity
6 - subsequent void Mrgs under r53

[Art. 36]
- psychological incapacity

[Art. 37]
- incestuous Mrg

[Art. 38]
- Mrg against public policy

33
Q

Conflict of Laws Rule for;

[A] Mrg. bet. foreigners in the Philippines.

A

Philippine law applies, but legal capacity to contract marriage is governed by the national law of the foreigners (Art.21)

34
Q

Conflict of Laws Rule for;

[B] Mrg. bet. foreigner & filipino in the Phil

A

Philippine law applies, but the legal capacity of the foreigner is governed by his/her national law. (Article 21)

35
Q

Conflict of Laws Rule for;

[C] Mrg. between filipinos solemnized abroad

A

Lex loci celebrationis applies, but subject to exceptions provided for under first paragraph of Article 26

Mr. Gingoyon and his BF girlfriend wanted to have their marriage solemnized in Ukraine. Applying lex loci celebrationis, if their marriage in Ukraine is valid then it shall also be considered valid in the Philippines but since it is homosexual, which is the exception to the rule based on Art. 38 public policy, then it is not valid in the philippines

36
Q

Conflict of Laws Rule for;

[D] Mrg. between foreigners solemnized abroad

A

[D]
Lex loci celebrationis, but subject to the exceptions provided for under first
paragraph of Article 26, except Article 35, paragraph 1, to be consistent with Article 21 (based on public policy consideration).

37
Q

Conflict of Laws Rule for;

[E] Mixed Mrg. between foreigner & filipino solemnized abroad

A

Mrg. Law of Country [26] (exc 35 par. 1)

38
Q

view of Elmer Rabuya on Marriages Celebrated Abroad

A
  • exc 35(1) applicable only to Filipino spouse
  • if mixed mrg > exc of 35(1) applies only to filipino spouse such that a 18F and 15German is valid in Germany
  • if 15Fili and 15German, even if valid in Germany, is void in Phil
39
Q

view of Sta. Maria on Marriages Celebrated Abroad

A
  • 35(1) only applicable to two filipinos abroad
  • if Mix, LC is based on respective law
  • Mrg. valid as long as Fil is 18 above even if German is 15
40
Q

view of Agpalo & Paras on Mixed Marriages Celebrated Abroad

A

35 (1) exc applies only to Filipinos

Hybrid such that Art. 35 a filipina under 18 married to a 15 y/o german national is valid insofar as the german but void as to the filipina

this hybrid is to protect Mrg. under philippine policy

41
Q

Art. 26 (2) Effect of Divorce

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

What are the Requisites to obtain a divorce?

A
  1. applicable only to mixed marriages [but] foreign citizenship must be reckoned from time DD obtained [and not] time of Solemnization of marriage.
  2. applied either or solely by alien [or] filipino spouse (Republic v. Manalo) 2018
  3. applied obtained by mutual agreement or jointly by (Abel v. Rule) 2021
42
Q

Cipriano Orbecido III and Maria, both Filipino citizens, were married in the Philippines in 1981. In 1986, Maria moved to the United States and later became a naturalized American citizen. After obtaining her American citizenship, Maria filed for and successfully obtained a divorce in the U.S. in 2001.

Upon learning of the divorce, Cipriano, still residing in the Philippines, filed a petition in a Philippine court seeking permission to remarry, citing his former wife’s foreign citizenship and the valid divorce obtained abroad. Can Cipriano remarry?

A

Yes, illustrated in the case of Republic v. Cipriano, [filipinos who are naturalized can validly obtain and apply for a DD] as provided in Art. 26 par. 2 where a marriage is validly celebrated and a divorce is validly obtained by the foreign spouse, the Filipino spouse shall likewise have the capacity to remarry

43
Q

Following the case, what is the remedy of Cipriano now that his former wife has obtained a DD abroad?

A

Effect of foreign divorce is not automatic to filipino spouses

he must file a
- special civil action for declaratory relief under (r63) RoC [or]
- petition for recognition of foreign judgment under (r39, sec. 48)

44
Q

Matters to prove in proceedings for Declaratory Relief

A
45
Q

Rule 132

A
46
Q

Certification How and by Whom Issued

A
47
Q

In a situation where the divorce decree was obtained in a country other than the country of the alien spouse, which law needs to be proved for purposes of the petition for declaratory relief?

Is it the national law of the foreigner or the law of the country where the divorce decree was obtained?

A

the law need to be proved is the national law of the alien spouse (Bayot v. Bayot) 2008

48
Q

The husband and the wife were both Filipinos when they got married but the wife subsequently acquired U.S. citizenship and obtained a divorce decree in the Dominican Republic. Thereafter, she filed a petition for nullity of marriage before a Philippine court. The husband filed a Motion to Dismiss for lack of cause of action as the marriage was already dissolved by the divorce decree earlier obtained by the wife.

Whether or not the divorce decree can be recognized as valid in the Philippines and if so, whether or not the wife has a cause of action to file nullity of marriage in the Philippines

A

As illustrated in the case of Noveras v. Noveras, the SC reiterated that the recognition of a foreign DD requires:

  • foreign judgment & authenticity must be proven as facts under RoE (together with)
  • alien’s applicable national law to show the effect of the judgment on the alien himself

. The recognition may be made in an action instituted specifically for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his claim or defense. The requirements of presenting the foreign divorce decree and the national law of the foreigner must comply with our Rules of Evidence.

49
Q

Can an alien invoke Art. 26(2) as a cause of action for the divorce decree be recognized in the Philippines?

A
50
Q

Matters to prove in a proceeding for recognition of foreign DD under r39

A

a.

b.

51
Q

Distinguish an action for recognition of foreign DD to ordinary foreign judgment under R39

A
52
Q

Void Mrgs. by reason of public policy (Art. 38)

A

(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

53
Q
A

Persons & Family Relations (8 decks)

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