Marriage Flashcards
What is Marriage?
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.
Can a man and man enter into a marriage?
No. Marriage only allowed man and women.
Does marriage expire?
No.
Marriage as a special contract. Is it governed by Stipulations?
No. Marriage is governed by law.
Is marriage settlements governed by stipulations?
Yes. Marriage settlements fix property relations.
Who may contract marriage?
Male or female of the age 18 or upwards;
No legal impediments
Essential requisites of marriage?
Legal capacity; Consent given freely in the presence of the solemnizing officer.
Formal requisites of marriage?
Authority of the solemnizing officeer;
Valid marriage license;
Marriage Ceremony
What is the effect on the marriage of the absence of any of the formal or essential requisites?
It will render the marriage void ab initio.
What is the effect on the marriage of a defect in any of the essential requisites?
It will render the marriage voidable.
What is the effect on the marriage of an irregularity in the formal requisites?
Marriage would still be valid but the party or parties responsible for said irregularity shall be civilly, criminally and administratively liable.
Who may solemnize a marriage? Judge?
A judge (incumbent not retired) within the jurisdiction of his court solemnized marriage, valid or not?
Who may solemnize a marriage? Religious Leader?
Priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church and registered with the civil registrar general provided that at least one of the contracting party belong to the solemnizing officer’s church or religious sect. valid or not
Who may solemnize a marriage? Ship Captain?
A ship captain or airplane chief in cases of articulo mortis and the contracting parties are either passenger or crew of the ship or plane during its voyage.
Who may solemnize a marriage? Military Commander?
A military commander (at least 2nd lieutenant) of a unit (battalion), where a chaplain is assigned, in the absence of the latter, in cases of articulo mortis where the contracting parties, civilian or military are within the zone of military operation.
Who may solemnize a marriage? Consul Officer?
Any consul general, consul, vice-consul in cases where Filipino citizens abroad want to contract marriage in accordance with the Philippine laws, shall assume the duties of the local civil registrar and solemnizing officer.
Who may solemnize a marriage? Mayor?
Mayors or Acting Mayors , in default thereof, the Vice Mayor or any highest ranking member of the Sangguniang Bayan can solemnize marriage in pursuant to the Local Government Code.
Where can marriages be solemnized in case of articulo mortis:?
In a ship or airplane during its voyage where contracting parties are passengers or crew members. It shall be solemnized by the ship captain or airplane pilot only.
In a Zone of Military Operation whether parties are civilian or members of armed forces. It shall be solemnized by a?
In a Zone of Military Operation whether parties are civilian or members of armed forces. It shall be solemnized by a military commander of a battalion in the absence of a chaplain.
What are the requirements of a marriage ceremony?
The contracting parties must appear personally before the solemnizing officer and declare in the presence of two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate signed by the contracting parties and the witnesses and attested by the solemnizing officer;
There is no prescribed form or religious rite required for the solemnization of marriage.
