Marriage

Question 1

Shall the absence of any of the essential or formal requisites of marriage render the marriage void?

Answer 1

Yes, the absence of any of the essential or formal requisites of marriage shall render the marriage void ab initio except those marriages which are exempt from the marriage license requirement and marriage contracted without the authority of the solemnizing officer yet either one of the parties believed in good faith that the solemnizing officer had the authority to do so. (Art. 4 FC in rel. Ch 2 Title 1 FC and Art. 35 FC)

Question 2

What type of special contract is marriage?

Answer 2

A special contract of permanent union (Art 1 FC)

Question 3

What is the purpose of marriage?

Answer 3

For the establishment of conjugal and family life (Art 1 FC)

Question 4

A marriage is between?

Answer 4

A man and a woman (Art 1 FC)

Question 5

What are the essential requisites of marriage?

Answer 5

Legal capacity of the contracting parties who must be male and female; and consent freely given in the presence of a solemnizing officer.

Question 6

What are the formal requisites of marriage?

Answer 6

Under Article 3 of the Family Code, the formal requisites of marriage are:

1. Authority of the solemnizing officer;
2. A valid marriage license except in the cases provided for in Chapter 2 Title 1 of the Family Code;
3. 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 7

What are the formal requisites of marriage?

Answer 7

Art. 3 FC. The formal requisites of marriage are:

(1) atuhority of the solemnizing officer;
(2) A valid marriage license except in cases provided for in Chapter 2 of this Title; and
(3) 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. (53a, 55a)

Question 8

Who will issue the marriage license?

Answer 8

local civil registrar

Question 9

Where will the marriage license be issued?

Answer 9

In the place where the contracting party habitually resides

Question 10

Where can a marriage be solemnized?

Answer 10

publicly in: chambers of the judge, open court, church, chapel or temple, office of the consul-general, consul or vice-consul

Question 11

Where shall marriages be solemnized? What are the exceptions?

Answer 11

Under Article 8 of the Family Code:

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

EXCEPT in cases of marriages contracted at 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 12

When can a marriage be solemnized by ship captain or airline pilot?

Answer 12

In a marriage in between passengers or crew members in articulo mortis

Question 13

How many days does the solemnizing authority have to transmit to the local civil registrar the marriage contract?

Answer 13

30 day

Question 14

What sector is allowed to marry without the presence of a valid contract, but provided that the marriage be performed accordance to customs, rites or practices

Answer 14

A marriage among Muslims or among members of the ethnic cultural communities

Question 15

How many years are necessary for a man and woman to have lived together in order not to be required a marriage license? What are the conditions?

Answer 15

They have to live together for at least five years, and must not have any impediment to marry

Question 16

What should a couple where both are 20 years old, do in order to contract a marriage and avoid delay in issuance of the marriage license?

Answer 16

The couple must ask their parents or guardian for advice upon the intended marriage. Absence of advice, the marriage license shall not be issued until after three months following the completion of the publication of the application therefor.

Question 17

What is the meaning of “lex loci celebrationis?”

Answer 17

the solemnities of the contracts entered into abroad shall be governed by the law of the country where they were entered into.

Question 18

What is the effect of the principle “lex loci celebrationis?”

Answer 18

In effect, the law requires the presentation of the foreign law to show the conformity of the marriage in question to the legal requirements of the place where the marriage was performed.

Question 19

What provision in the FC provides for the principle “lex loci celebrationis?’

Answer 19

Art. 26. 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)

Question 20

What are the two types of divorce decrees?

Answer 20

The two types of divroce decrees are: (1) “vinculo matrimonii” or absolute divorce, and (2) “mensa et thoro” or limited divorce.

Question 21

What is the difference between vinculo matrimonii and mensa et thoro?

Answer 21

The difference between vinculo matrimonii (absolute divroce) and mensa et thoro (limited divorce) is that the former terminates the marriage, while the latter suspends it and leaves the bond in full force.

Question 22

What is a decree “nisi” or “interlocutory decree of divorce?

Answer 22

An interlocutory decree is a conditional or a provisional judgment of divorce. It is in effect the same as a separation from bed and board, although an absolute divorce may follow after the lapse of the prescribed period during which no reconciliation is effected.

Question 23

What determines the legal capacity of a person to marry?

Answer 23

The legal capacity of a person is dependent on the national law of that person. In the case of a Philippine Citizen, the legal capacity (to marry or for other purposes) fall under the jurisdiction of Philippine Law, particularly the Family Code of the Philippines. In the case of an Australian, the legal capacity of the person to marry is under the jurisdiction of Australian law.

Question 24

Through which principle of law allows Philippine laws and courts to recognize absolute divorce obtained abroad by a mixed marriage?

Answer 24

Under the principles of comity, our jurisdiction recognizes valid divorce obtained by a spouse of foreign nationality.

Question 25

Can the Filipino spouse obtain the valid absolute divorce decree abroad, and still have it recognized in the Philippines?

Answer 25

Yes, the Filipino spouse may obtain the valid divorce decree (Republic v Manaolo, Van Dorn v Romillo, Dacasin v Dacasin)

Question 26

Shall marriage be subject to stipulation?

Answer 26

No, marriage shall not be subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Family Code.

Question 27

What is the limit of marriage settlements?

Answer 27

Marriage settlements are limited to property relations, and the conditions set forth by the Family Code.

Question 28

Who must be the contracting parties of a marriage?

Answer 28

The contracting parties of a marriage must be male and female.

Question 29

What is the requirement for a valid consent in a marriage?

Answer 29

For consent to be valid, it must be (1) freely given, and (2) made in the presence of a solemnizing officer.

Question 30

How does consent become “freely given?”

Answer 30

A “freely given” consent requires that the contracting parties willingly and deliberately enter into the marriage. Consent must be real in the sense that it is not vitiated nor rendered defective by any of the vices of consent under Article 45 and 46 of the Family Code, such as fraud, force, intimidation, and undue influence. (Republic v Albios)

Question 31

What are the factors that vitiate consent?

Answer 31

Fraud, force, intimidaiton, and undue influence

Question 32

What are the other requirements of consent as defined in Republic v Albios?

Answer 32

Consent must also be conscious or intelligent, in that the parties must be capable of intelligently understanding the nature of, and both the beneficial or unfavorable consequences of their act. Their understanding should not be affected by insanity, intoxication, drugs, or hypnotism.

Question 33

The absence of ______ shall render the marriage void ab initio.

Answer 33

The absence of any of the essential or formal requisites shall render the marriage void ab initio.

Question 34

What is the effect of a defect in the essential requisites of marriage?

Answer 34

A defect in the essential requisites of marriage shall render the marriage voidable.

Question 35

When can a marriage be voidable?

Answer 35

According to Article 45 of the Family Code a marriage is voidable when at the time of the marriage:

(1) Either one or both of the contracting parties was above eighteen but below twenty-one AND the marriage was solemnizeed without the consent of the parents, guardians, or person having substitute parental authority, UNLESS the parties freely cohabited with each other and lived together as husband and wife AFTER attaining the age of twenty-one.
(2) Either party was of unsound mind, unless such party after coming to reason, FREELY cohabited with the other as husband and wife.
(3) The consent of either party was obtained by FRAUD unless they FREELY COHABITED with each other even after having knowledge of the fraud.
(4) The consent was obtained by force, intimidation, or undue influence UNLESS, after it has ceased, the parties FREELY COHABITED with each other.
(5) That either party was PHYSICALLY INCAPABLE of consummating the marriage with the other, and such incapcity CONTINUES and appears to be INCURABLE. or
(6) That either party was afflicted with a sexually transmissible disease found to be SERIOUS and APPEARS TO BE INCURABLE.

Question 36

What is the qualifier for the voidability of a marriage obtained by a contracting party above eighteen but below twenty-one?

Answer 36

The marriage shall be voidable if it was obtained without the consent of the parents, guardians, or substitute parental authority at the time of the marriage.

Question 37

What is the qualifier to the make physical incapacity to consummate the marriage a ground for annulment?

Answer 37

Under Article 45 of the Family Code:

In order the for the physical incapacity to consummate the marriage become a ground for annulment, it must be that such incapacity continues and appears incurable.

Question 38

What is the meaning of consummate?

Answer 38

The first act of sexual intercourse after a marriage.

Question 39

What is the qualifier to make sexually transmissible disease a ground for annulment?

Answer 39

Under Article 45 (3), (4), in relation to Article 46 of the Family Code:

The sexually transmissible disease must exist at the time of the solemnization of the marriage. Moreover, it must be serious and appears to be incurable; or the sexually transmissible disease, regardless of its nature, be concealed at the time of solemnization of the marriage.

Question 40

Can any of the defects or physical impairments which are defined in Article 45 of the Family Code render a marriage voidable if their existence only began at the course of marriage?

Answer 40

No, a marriage shall not be voidable if the defects enumareted in Article 45 of the Family Code only existed at the course of the marriage.

E.g. A party cannot file a petition for annullment if the husband contracts an incurable and serious sexually transmissibile disease five years into the wedding.

A marriage cannot be voidable when a husband suddenly fails to perform the sexual act with the wife five years into the wedding yet was able to perform said act perfectly at the time of the wedding and early years of the wedding.

Question 41

What nullifies the voidability of the marriage?

Answer 41

The voidability of a marriage is nullified when the adversed party freely cohabits with the other party after learning of the defects mentioned in Article 45.

Question 42

What is the difference in effect between an absence and a defect in the essential requisities of marriage?

Answer 42

An absence in the essential requisites shall render the marriage void (Article 4 par 1 FC) while a defect in the essential requisites shall render the marriage voidable (Artilce 4 par 2 FC).

Question 43

What is the effect of an irregularity in the formal requisites of marriage?

Answer 43

An irregularity in the formal requisites of marriage shall not affect the validity of the marriage but the person responsible for the irregularity shall be civilly, criminally and administratively liable.

Question 44

What is the difference in the effect between an absence and a defect in any of the formal requisites of marriage?

Answer 44

An absence in any of the formal requisites of marriage shall render the marriage void ab initio while a defect in any of the formal requisites has no effect on the validity of the marriage. (Art. 4, FC)

Question 45

What is the general rule to the defect in the defect or irregularity of the formal requisites of a marriage?

Answer 45

The general rule regarding a defect or irregularity in the formal requisites of a marriage is that the defect shall not affect the validity of the marriage.

Question 46

What is the general rule for the absence of the any of the formal requisites of marriage? What is the exception to the general rule?

Answer 46

The general rule is that an absence in any of the formal requisites shall be void ab initio. The exceptions to the general rule are:

1. marriages exempt from the marriage license requirement (Ch 2 Title 1 FC) such as marriages contracted in articulo mortis, and marriages solemnized in remote locations where there is no transportation to allow the parties to obtain a marriage license from the civil registrar; and
2. marriages where the solemnizing officer was not legally authorized to do so but either of the contracting parties believed in good faith that the solemnizing officer had the legal authority to do so (Art. 35 [2] FC) ;

Question 47

What is the Republic Act providing for the lowering of the age of majority from 21 to 18 years old?

Answer 47

Republic Act 6809

Question 48

Why is the marriage by person below 18 years of age considered void?

Answer 48

A marriage by a person below 18 years of age is considered void because a person below the age of majority is considered a minor whose legal capacity is restricted or limited.

Question 49

Is a voidable marriage still considered valid?

Answer 49

Yes, a voidable marriage is considered valid until a judicial decree of annulment is issued by the competent court.

Question 50

What are the elements to a marriage ceremony?

Answer 50

The elements to a marriage ceremony are:

(1) personal appearance of the parties before the solemnizing officer
(2) personal declaration of the contracting parties that they take each other as husband and wife
(3) in the presence of at least two witnesses of legal age

Question 51

Does the failure to sign the marriage certificate affect the validity of a marriage?

Answer 51

No, a failure to sign a marriage certificate does not affect the validity of a marriage because said certificate is merely for evidentiary value. So long as the essential and formal requisites of the marriage were present, the marriage is deemed valid. In the absence of a marriage certificate, or a valid signature on said certificate, the marriage may be proved by other competent evidence like testimony of the solemnizing officer, the parties, or the wtinesses and others present at the wedding.

Question 52

Whose marriage may ship captains and airplaine chiefs solemnize? What circumstances warrant such marriage?

Answer 52

Ship captains and airplane chiefs may solemnize the marriage between passengers or crew members in articulo mortis.

Question 53

Are military unit commanders limited to solemnizing the marriage between military people?

Answer 53

No, the military commander of a unit may solemnize marriages of all persons within the zone of his military operations, whether they are people or civilians.

According to Article 32 of the Family Code: 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.

Question 54

What are classified as incestuous marriages under Article 37 of the Family Code?

Answer 54

The following are incestuous marriages according to Article 37 of the Family Code:

Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)

Question 55

In case the applicant for the marriage license has previously been married, what should he or she secure in order to be issued a valid marriage license?

Answer 55

Art. 13 provides that in case an applicant for the marriage license has previously been married, he or she should secure any of the following in order to be issued a valid marriage license:

(1) death certificate of the deceased spouse;
(2) judicial decree of absolute divorce;
(3) judicial decree of annulment of previous marriage;
(4) judicial declaration of nullity of previous marriage.

In case the death certificate cannot be secured, the party shall make an affidavit setting forth the circumstances and his or her actual civil status and the name and date of death of the deceased spouse.

While Article 13 does not provide for this, perhaps the spouse may also present the judicial decree of presumptive death

Question 56

In case the death certificate of the previous spouse cannot be secured, what should the applicant to the marriage certificate do?

Answer 56

Art. 13 […] 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 the deceased spouse.