Marriage until Foreign Divorce Flashcards
Define Marriage under Art. 1 of the Family Code
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 is the foundation of the family and an inviolable social institution whose 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
Essential requisites of a marriage (2)
- 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
Formal requisites of a marriage (3)
- Authority of the solemnizing officer
- A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
- 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
What happens when there is an absence of any of the essential or formal requisites of a marriage?
The marriage is rendered void ab initio, except when the either or both the contracting parties believed in good faith that the solemnizing officer had the legal authority to do so (Art. 35(2))
What happens when there is a defect in any of the ESSENTIAL requisites of a marriage?
Marriage is voidable
What happens when there is an irregularity in any of the FORMAL requisites of a marriage?
The marriage shall be valid however, the party or parties responsible for the irregularity shall be civilly, criminally, and administratively liable
Under Art. 7 of the Family Code, who may solemnize a marriage? (6)
- Any incumbent member of the judiciary within the court’s jurisdiction;
- Any priest rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted him by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect
- Any ship captain or airplane chief in a marriage in articulo mortis
- Any military commander of a unit to which a CHAPLAIN is assigned, in the ABSENCE of the latter, during a MILITARY OPERATION, likewise only in a marriage in articulo mortis
- Any consul-general, consul or vice-consul of the Republic of the Philippines
- Municipal mayor (Under 1991 Local Government Code)
Under Art. 10 of the Family Code, what duties are performed by the consular official with regards to the celebration of marriage? (2)
- Issuance of marriage license
- Duties of the local civil registrar and of the solemnizing officer
What is a marriage in articulo mortis
It is a marriage when one of the parties to the marriage is at the point of death
Under Art. 31 of the Family Code, marriage between what parties may a ship captain or the airplane pilot may solemnize?
Between passengers or crew members, provided that the ship is at sea or the plane is in flight, but also during stopovers at ports of call
Under Art. 32 of the Family Code, who may solemnize the marriage between members of the armed forces or civilians within the zone of military operation?
A military commander of a unit, who is a commissioned officer, provided the chaplain assigned is absent
Under Art. 9 of the Family Code, where shall the marriage license be issued?
It shall be issued by the local civil registar of the city or municipality where EITHER contracting party HABITUALLY RESIDES, except In marriages where no license is required
Under Art. 11 of the Family Code, should each of the contracting parties file separately a sworn application for such license? If so, what should be specified in the application?
Each of the contracting parties shall file separately a sworn appliccation with the proper local civil registrar which shall specify the following:
1. Full name of the contracting party;
2. Place of birth;
3. Age and date of birth;
4. Civil Status;
5. If previously married, how, when and where the previous marriage was dissolved or annulled;
6. Present residence and citizenship
7. Degree of relationship of the contracting parties
8. Full name, residence and citizenship of the father
9. Full name, residence and citizenship of the mother; and
10. Full name, residence and citizehnship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years
In securing the marriage license, are the applicants, their parents or guardians required to exhibit their residence certificates?
No
Under Art. 12 of the Family Code, after the local civil registrar receives the application for a marriage license, what is required to be presented?
Original birth certificate
If none, the baptismal certificates of the contracting parties
or copies of such documents duly attested by the persons having custody of the originals
Under Art. 12 of the Family Code, are the birth certificates / batismal certificates or copies thereof need to be sworn to? And are they exempt from documentary stamp tax?
No, they do not need to be sworn to and;
Yes, they are exempt from documentary stamp tax
Under Art. 12 of the Family Code, what suffices as sufficient proof of the authenticity of the birth/baptismal certificate?
Signature and official title of the person issuing the certificate
Under Art. 12 of the Family Code, how many days must either of the contracting parties have their birth/baptismal certificate prior to the application for a marriage license?
15 Days
Under Art. 12 of the Family Code, what may be used instead if the birth/baptismal ceritficates are absent?
Current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to adminster oaths.
Such instrument shall contain the sworn declaration of two witnesses of legal age, setting forth the full name, residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of such party.
Under Art. 12 of the Family Code, who are the preferred witnesses for when the birth/baptismal certificates are absent?
Nearest of kin of the contracting parties, or in their default, persons of good reputation in the province or the locality
Under Art. 12 of the Family Code, under what circumstances is the presentation of birth/baptismal certificate not required? (2)
- When the parents of the contracting parties appear personally before the local civil registar and swear to the correctness of the lawful age of said parties, as stated in the application or;
- When the local civil registrar shall, by merely looking at the applicants upon their personally apeparing before him, be convinced that either or both of them have the required age
Under Art. 13 of the Family Code, if either of the contracting parties have been previously married, what shall be furnished instead? (3)
- Death certificate of the deceased spouse or;
- Judicial decree of the absolute divorce or;
- Judicial decree of annulment or declaration of nullity of his or her previous marriage
If no death certificate, affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse
Under Art. 14 of the Family Code, in case one of the parties are between the ages of 18-21, whose consent (in order of priority) is required?
- Father
- Mother
- Suriving parent or guardian
- Persons having legal charge of them
Under Art. 14 of the Family Code, should the consent be in writing?
Yes. By the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to adminster oaths
Under Art. 15 of the Family Code, for parties between ages of 21-25, what are obliged of them?
Ask their parents or guardian for advice upon the intended marriage.
Under Art. 15 of the Family Code, if the advice is not obtained or if it be unfavorable, will the marriage license be issued?
The marriage license shall not be issued till after 3 months following the completion of the publication fo the application therefor.
Under Art. 15 of the Family Code, for parties between ages of 21-25, how is the advice shown in the application?
Through a sworn statement to the effect that such advice had been sought, together with the written advice given, shall be attached to the application for marriage license. If refused to give any advice, this fact shall be stated in the sworn statement
Under Art. 16 of the Family Code, for marriages where consent or advice is needed, is a certificate issued by a priest, imam or minister authorized to solemnize marriage or a marriage counsellor to the effect that the parties have undergone marriage counselling required?
Yes
Under Art. 16 of the Family Code, for marriages where consent or advice is needed, what happens if the certificate issued by the priest is not acquired?
It shall suspend the issuance of the marriage license for a period of 3 months from completion of the publication of the application
Under Art. 16 of the Family Code, for marriages where consent or advice is needed, if only one of the parties need parental consent or advice, should the other party be present at the counselling?
Yes
Under Art. 17 of the Family Code, for how many days will the local civil registar post the notice containing the full names and residences of the applicants for a marriage license?
10 consecutive days, after which the marriage license shall be issued
Under Art. 17 of the Family Code, for what purpose will the local civil registar post the notice containing the full names and residences of the applicants for a marriage license?
To request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof
Under Art. 18 of the Family Code, in case any impediment known to the local civil registar or brought to his attention, will the marriage license be not issued anymore?
No. It will still be issued however, the local civil registrar will note down the particulars thereof and his findings thereon in the application for the marriage license, unless ordered otherwise by a competent court or that of any interested party
Under Art. 19 of the Family Code can the local civil registrar require payment of the fees prescribed by law or regulations before the issuance of the marriage license? Is there an exception?
Yes. Provided no other sum shall be collected in the nature of a fee or tax of any kind.
Yes. It is free of charge for idigent parties
Under Art. 20 of the Family Code, where and for how long is the marriage license valid?
Any part of the Philippines and for a period of 120 days from the date of issue, it shall be deemed automatically cancelled at the expiration of said period if not yet used.
Under Art. 20 of the Family Code, will the expiry date of the marriage license be stamped in bold characters on the face of very license issued?
Yes
Under Art. 21 of the Family Code, what is required when either or both of the contracting parties are citizens of a foreign country?
Certificate of legal capacity to contract marriage, issued by their diplomatic or consular officials
Under Art. 21 of the Family Code, what is required when either or both of the contracting parties are stateless persons or refugees?
Affidavit stating the circumstances showing such capacity to contract marriage
Under Art. 22 of the Family Code, other than the parties declaring that they take each other as husband and wife, it shall also state the following: (7)
- The full name, sex and age of each contracting party
- Their citizenship, religion and habitual residence
- The date and precise time of the celebration of the marriage
- That the proper marriage license has been issued according to law
- That either or both of the contracting parties have secured the parental consent in appriopriate cases
- That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases
- That the parties have entered into a marriage settlement, if any, attaching a copy thereof