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Persons And Family Relations > Marriage - Requisites of Marriage > Flashcards

Marriage - Requisites of Marriage Flashcards

0
Q

What are the formal requisites of marriage?

A
  1. Authority of solemnizing officer
  2. Valid marriage license
  3. Marriage ceremony
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1
Q

What are the essential requisites of marriage?

A
  1. Legal capacity of male and female contracting parties

2. Consent freely given in the presence of a solemnizing officer

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2
Q

What makes a marriage ceremony valid? (minimum requirements)

A
  1. Contracting parties appear personally
  2. Solemnizing officer (with proper authority)
  3. Personal declaration of that two parties take each other as husband and wife
  4. At least two witnesses of legal age
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3
Q

Who are authorized to marry? (Solemnizing officers)

A
  1. Any incumbent member of the judiciary within the court’s jurisdiction
  2. Priest, rabbi, imam, minister of any religious sect duly authorized and registered with the LCR (provided: at least 1 of the parties belong to the religious sect)
  3. Ship captain or airplane chief (articulo mortis)
  4. Military commander of a unit to which a chaplain is assigned in the absence of the latter, during a military operation (articulo mortis)
  5. Consul general, Consul, Vice-consul
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4
Q

What are incestuous and void marriages?

A
  1. Between ascendants and descendants of any degree

2. Between brothers and sisters, full or half blood

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5
Q

Why does the public have deep interest in the institution of marriage?

A

It is the foundation of family and society, without which there would be no civilization or progress.

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6
Q

What is a mail-order bride?

A

A business which has for its purpose the matching of Filipino women for marriage to foreign nationals either in a mail-order basis or through personal introduction.

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7
Q

What are the three parties to every marriage?

A
  1. Willing spouse
  2. Willing spouse
  3. Approving state (concerned not only with the validity of the marriage, but also with the sustainability and maintenance of a harmonious and healthy life arising from the marriage)
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8
Q

What is the effect of the absence of any of the essential or formal requisites in marriage?

A

Marriage is void ab initio.

absence of two legal witnesses only considered an irregularity and not an absence

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9
Q

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

A

Marriage is voidable.

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10
Q

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

A

It does not affect the validity of marriage, but the parties responsible for the irregularity shall be civilly, criminally or administratively liable.

Exception: contracting parties 18-21 y/o did not obtain the consent of their parents (Art 14, FC)

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11
Q

Who may contract marriage? (Art 5)

A
  • any male or female
  • age of 18 years or upwards
  • not under any of the impediments mentioned in Arts 37 and 38
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12
Q

What is the effect on the marriage certificate in cases of articulo mortis?

A

When one party is at the point of death and is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of the said party, which fact shall be attested by the solemnizing officer.

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13
Q

When should the gender identity of a contracting party to a marriage be determined?

A

A man and a woman should be considered as such at the time of the marriage when the parties themselves assert their own gender identities.

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14
Q

What is the ruling of the Supreme Court on Silverio v. Republic (petitioner had a biological sex change from M to F through sex-reassignment-surgery and where he sought the amendment of his birth certificate to reflect the change in sex)

A

SC rejected the petition; sex determined by visually looking at the genitals of a baby at the time of birth is IMMUTABLE and that there is no law legally recognizing sex reassignment.

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15
Q

What is the condition of transsexualism?

A

One with the disparity between an individual’s genitalia or anatomical sex and his or her gender, the strong and consistent emotional and psychological sense of sexual being.

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16
Q

What are the requirements of consent?

A
  1. Freely given

2. Made in the presence of a solemnizing officer

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17
Q

What requirement of marriage prohibits proxy-marriages in the Philippines?

A
  1. Essential requisite that consent freely given must be made in the presence of the solemnizing officer.
  2. Formal requisite that the contracting parties must personally declare before the solemnizing officer that they take each other as husband and wife.
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18
Q

Which statute empowered the mayor of a city/municipality to solemnize a marriage?

A

Local Government Code of 1991

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19
Q

What is the exception to the solemnizing officer not being duty bound to investigate w/n a marriage license has been issued by the local civil registrar and ascertain whether the qualifications of contracting parties are met?

A

Art 27 (point of death), Art 28 (live far, no means of transportation), Art 34 (cohabiting for <5 years), marriages among Muslims and other ethnic cultural minorities performed in accordance to their practices

– where the parties are legally excused from obtaining a marriage license, the solemnizing officer must take necessary steps to ascertain the ages and relationship of the contracting parties and the absence of any impediment to marry.

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20
Q

3 “features” of a Valid Marriage License:

A
  1. Lifetime of 120 days (deemed automatically cancelled at the expiration of the 120-day period)
  2. Valid anywhere in the Philippines only
  3. Issued by the Local Civil Registrar (date of issue is the date of the license by the LCR)

*other irregularities will not render a marriage null and void (issued in a city other than the residence of either party, misspelled name)

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21
Q

What is the purpose of requiring the solemnization of marriage before an authorized person and the dealing with the prior procurement of a license?

A

To protect:

  1. Parties to the marriage contract in the rights flowing therefrom
  2. Their offspring
  3. Interests of third parties in dealing with either of the contracting parties
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22
Q

What is a common-law marriage? Is it recognized in the Phils?

A

A non-ceremonial or informal marriage by agreement entered into by a man and woman having capacity to marry, ordinarily without compliance with such statutory formalities as those pertaining to marriage licenses (coupled with consummation and reputation). It is NOT recognized in the Phils because Art 2 of the FC expressly provides the authorized solemnizing officer to solemnize such marriage as one of its essential requisites. Only a ceremonial marriage, where solemnization is an inherent aspect, is recognized in the Philippines.

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23
Q

Is marriage by jest void or valid? Why?

A

It is VOID because there is absolutely no genuine consent on the part of both contracting parties. (There must be both words and intention)

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24
Q

What is the implication of the State being an interested party in the marriage?

A

The State’s consent is essential to every marriage. Any annulment case, which seeks to invalidate such consent, must pass though the courts and cannot be made merely by the agreement of parties.

25
Q

What are the requisites before a JUDGE can solemnize marriages?

A
  1. Must be incumbent judges (not retired)
  2. May only solemnize marriages within their court’s jurisdiction (jurisdictions of the CTA, Sandiganbayan, CA and SC are national in scope) (judge no longer has authority outside his jurisdiction)
26
Q

What are the essential requisites before a priest, rabbi, imam or minister of any church or religious sect be able to validly solemnize a marriage?

A
  1. Must be duly authorized by his or her church or religious sect
  2. Must act within the limits of the written authority granted to him by his church or religious sect
  3. Must be registered with the civil registrar general
  4. At least one of the contracting marriage he or she is to solemnize belongs to his church or religious sect.
27
Q

What are the requisites before a SHIP CAPTAIN OR AIRPLANE CHIEF can validly solemnize marriages?

A
  1. Marriage must be in articulo mortis (at least one of the parties at the point of death)
  2. The marriage must be between crew members or passengers
  3. The ship must be at sea, or the plane in flight (also: marriages may be solemnized during stopovers at ports of call – voyage is not yet terminated)
28
Q

What are the requisites before a MILITARY COMMANDER can solemnize marriages?

A
  1. Must be a military commander of a unit (unit - battalion)
  2. Must be a commissioned officer (second lieutenant, ensign and above)
  3. A chaplain must be assigned to such unit
  4. Said chaplain must be absent at the time of the marriage
  5. Marriage must be one in articulo mortis
  6. Contracting parties (members of armed forces or civilians) must be within the zone of military operation (implying a widespread military activity over an area)
29
Q

What are the duties of the CONSUL-GENERAL, CONSUL or VICE CONSUL in solemnizing marriages?

A
  1. Can solemnize marriages abroad only (no authority to solemnize marriages within the territory of the Philippines)
  2. Contracting parties must be BOTH Filipino citizens
  3. Act not only as the solemnized of a marriage, but also performs the duties of the local civil registrar
  4. Solemnities established by Philippine laws shall be observed in their execution
30
Q

What is the limitation of the solemnizing authority of the consul-general, consul or vice-consul?

A

Their authority is limited to Filipino citizens. However, by way of exception, if the marriage between the foreigner and the Filipino citizen abroad solemnized by a Philippine consul assigned in that country is recognized as valid in the host country, the marriage shall also be considered valid in the Philippines.

31
Q

What is the effect if at least one of the requisites before solemnizing officers can exercise their authority is not present?

A

Such marriage is wanting of one of the formal requisites of a valid marriage, which is the authority of the solemnizing officer. Therefore, such absence makes the marriage void ab initio.

32
Q

How does the Good Faith of Parties apply in the solemnization of marriage?

A

If the marriage was solemnized by a person not legally authorized to solemnize a marriage and EITHER of the contracting parties believed in good faith that such solemnizing officer had such authority, then the marriage shall be considered as valid.

33
Q

What are the possible venues for the solemnization of marriage?

A

Publicly:

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

Exceptions:

  • remote places
  • marriages contracted at the point of death
  • both 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
34
Q

Details on the issuance of the marriage license?

A

VML shall be issued by the local civil registrar of the city or municipality where either of the parties habitually resides

If marriage license is obtained in a place other than where either party habitually resides, it is merely an irregularity which will not render null and void the marriage celebrated on the basis of such license.

35
Q

What are the provisions on marriages between Filipino citizens abroad?

A
  • May be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines, in accordance with the laws of the Philippines
  • Issuance of the VML and duties of the LCR and of the SO with regard to the celebration of the marriage shall be performed by the said consular official
36
Q

At what age of marrying are the contracting parties still obliged to ask their parents/guardian for advice upon the intended marriage?

A

21-25 years old

37
Q

What if advice of parents/guardian is not obtained, or such advice is unfavorable?

A

Marriage license will be issued after three months following the completion of the publication of the application therefor. A sworn statement shall contain the fact that such advice has been sought, along with the written advice or the refusal to give such.

38
Q

In case either of the contracting parties have been previously married, what is required to be furnished instead of a birth/baptismal certificate upon applications for a marriage license?

A

Death certificate of the deceased spouse
Judicial decree of absolute divorce
Judicial decree of annulment
Declaration of nullity of previous marriage

If the ff cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her actual status and the name and death of deceased spouse.

39
Q

What is the additional requirement for contracting parties between the ages 18-21?

A

They shall exhibit to the LCR the CONSENT to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them in the order mentioned. Such consent shall be manifested in writing or in the form of an affidavit.

(noncompliance therewith makes the marriage annullable)

40
Q

What is the additional requirement to be accomplished by the parties in cases where parental consent or advice is needed?

A

Parties shall attach a certificate issued by a priest, imam or minister authorized to solemnize a marriage or marriage counselor to the effect that the contracting parties have undergone MARRIAGE COUNSELLING.

41
Q

What is the sanction imposed for failure to attach the certificate of marriage counseling?

A

Issuance of marriage license shall be suspended for a period of three months from the completion of the publication of the application.

42
Q

What is the duty of the LCR regarding the notice/publication of impending marriages?

A
  • prepare a notice containing the full names and residences of the applicants for a marriage
  • post such notice for 10 days on a bulletin board outside the office of the LCR where it is accessible to the general public
  • this notice shall request all persons having knowledge of any impediment to the marriage to advise the LCR thereof
  • marriage license shall be issued after completion of the period of publication (exception: issuance after 3 months)
43
Q

What is the sanction if ever the marriage license shall be imposed during the prohibited period?

A

Issuing officer shall be subject to administrative sanctions, but it shall not affect the validity of the marriage.

44
Q

General rule: LCR shall issue the marriage license after the period of publication regardless any impediment that may arise (LCR must note down particulars of such impediments)

Exception?

A

LCR shall not issue marriage license upon order of a competent court, at his own instance or that of any interested party (e.g. family of the contracting parties), or if a foreign applicant fails to submit a Certificate of Legal Capacity to Marry.

45
Q

Rule on the payment of fees to the LCR?

A
  • payment shall be made before the issuance r of her marriage license
  • no other sum shall be collected in the nature of a fee or tax of any kind
  • license shall be issued FREE OF CHARGE to indigent parties who have no visible means of income, or whose income is insufficient for their subsistence (as established by their affidavit or oath before the LCR)
46
Q

What is the requirement for citizens of a foreign country before they can obtain a marriage license in the Philippines?

A

Submit a Certificate of Legal Capacity to Contract Marriage, issued by their respective diplomatic or consular officials.

Stateless persons/refugees shall, in lieu of the certificate of legal capacity, submit an affidavit stating the circumstances showing such capacity to contract marriage.

47
Q

Exception to foreign citizens’ requirement to secure a Certificate of Legal Capacity?

A

If the contracting parties who are citizens of a foreign country desire to have their marriage solemnized by their country’s consul-general officially assigned in the Philippines.

48
Q

Can a 16-year old American citizen get married in the Philippines?

A

Yes, as long as such United States citizen is legally capacitated to marry in the United States, and proves this by obtaining a Certificate of Legal Capacity stating that in the United States, persons sixteen years of age can be validly married.

49
Q

Who gets to keep copies of the marriage certificate?

A

Original - either of the contracting parties
Duplicate, triplicate - sent to the LCR where the marriage was solemnized not later than 15 days after the marriage
Quadruplicate - solemnizing officer

50
Q

What documents do the solemnizing officer get to keep in his files?

A

Quadruplicate copy of the marriage certificate
Original copy of the marriage license
Affidavit of the contracting party re: solemnization of the marriage in a place other than those mentioned in Art 8 (if applicable)

51
Q

What is the primary or best evidence of a marriage?

A

Marriage contract or marriage certificate

52
Q

Semper Presumitur Pro Matrimonio

A

Always presume marriage.

53
Q

What is the best and most convincing evidence to destroy the validity of a marriage?

A

An official certification issued by the Office of the LCR which states that, after earnest efforts to locate and verify the existence of a particular marriage license, the said office has no record of the marriage license, or is spurious or fabricated. Therefore, such marriage in this case is void on the ground of absence of valid marriage license.

54
Q

What can the parties do if they are not certain whether, under the law, they can proceed with a marriage?

A

The parties can file a petition for declaratory relief, to seek from the court a judgment on their capacity to marry.

55
Q

What is a Registry Book?

A

It is where the LCR enters all applications for marriage licenses in the order in which they are received. Recorded in the registry book are:

  1. Names and ages of the applicants
  2. Date on which the marriage license was issued
  3. Other necessary data
56
Q

Importance of the Local Civil Registrar?

A

The LCR is the specific government official charged with the preparation and keeping of all documents in connection with marriage. Any certification issued by him in connection with any matter involving the marriage within his jurisdiction is given high probative value.

57
Q

What are the exceptions to the Comity Provision (Art 26)?

A 
Art 35(1) - below 18 years old
Art 35(4) - bigamous/polygamous marriages
Art 35(5) - mistake of identity
Art 35(6) - void subsequent marriage

Art 36 - psychological incapacity
Art 37 - incestuous marriage
Art 38 - marriage against public policy

58
Q

What is the Comity Provision?

A

All marriages solemnized outside the Philippines, in accordance wit the laws in force in the country where they are solemnized, and valid there as such, shall also be valid in this country.

When a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is therefore validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law.

59
Q

What is the determinative point for a person who procures divorce?

A

The person should be a FOREIGNER (whose nationality recognizes divorce) at the time of the application for divorce, not at the time of the marriage ceremony.

60
Q

Can third parties file a case for adultery?

A

No. Only spouses can file such case.

61
Q

Upon conflict of laws between different countries, what law on marriage shall apply?

A

Under the general rules of private international law in marriage, it is argue that, as to the extrinsic and intrinsic requirements of marriage, the law where the marriage has been solemnized shall apply.

Persons And Family Relations (3 decks)

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