Second Half

Question 1

What is marriage?

Answer 1

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.

Question 2

What is the best documentary evidence of marriage?

Answer 2

The marriage contract. But still, presumption in favor of matrimony is one of the strongest known in law. Other ways to prove may include testimony by one of the parties to the marriage, or by one of the witnesses to the marriage, has been held to be admissible to prove the fact of marriage. The person who officiated at the solemnization is also competent to testify.

Tho in Trinidad v. CA, the Supreme Court held that any of the ff. may be presented as proof: (a) testimony of a witness to the matrimony; (b) the couple’s public and open cohabitation as husband and wife after the alleged wedlock; (c) the birth and baptismal certificate of children born during such union; and (d) the mention of such nuptial in subsequent documents.

Question 3

What’s the status of criminal liability if the rapist and the victim contract a subsequent marriage?

Answer 3

A subsequent marriage between the rapist and raped victim extinguishes the criminal action or penalty of the rapist.

Question 4

What are the essential requisites of marriage?

Answer 4

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

Question 5

What are the formal requisites of marriage?

Answer 5

1. Authority of the solemnizing officer
2. A valid marriage license except in the cases provided for in Chapter 2 of this Title
   - –> point of death, remote areas, man and a woman who have lived together as husband and wife for at least 5 years and without any legal impediment to marry each other
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 6

What are the three components of legal capacity?

Answer 6

(1) age requirement; (2) sex of the parties; (3) and absence of legal impediments mentioned in Articles 37 and 38 of the Family Code.

• They cannot be related to each other as provided by Art. 37 and Art. 38 (incestuous marriages and those against public policy).
• There should be no previous valid subsisting marriage; otherwise the subsequent marriage will be bigamous.

Question 7

Explain the age requirement in marriage.

Answer 7

Under Article 5 of the Family Code, both the contracting parties must be at least eighteen (18) years of age, otherwise, he or she is not legally capacitated to contract marriage. A marriage contracted by any party below eighteen years of age is void from the beginning, even if such marriage is with the consent of the parents or guardians of the minor.35
The age requirement in Article 5 is, however, qualified by Article 14 of the Family Code. While a person at least eighteen years of age is legally capacitated to contract marriage, Article 14 imposes a further requirement of obtaining “parental consent” if he or she is “below twentyone.” In the absence of such parental consent, the marriage is considered voidable and may be annulled pursuant to Article 45(1) of the Family Code.

Question 8

When is the minimum age for marriage required? Is it on the date of filing of the application for issuance of the marriage license or on the date of the marriage?

Answer 8

The attainment of the required minimum age for marriage should be reckoned, not on the date of filing of the application for issuance of a marriage license, but on the date of the marriage.36 It bears emphasis that Article 5 of the Family Code categorically states that “[a]ny male or female of the age of eighteen years or upwards xxx may contract marriage.” Pursuant to Article 6 of the same Code, parties contract marriage on the date of the solemnization of the marriage, i.e., when they appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. The language of these provisions is clear and need no interpretation.

Question 9

What happens if the solemnizing officer is not authorized under the law to celebrate marriage?

Answer 9

If the solemnizing officer is not authorized under the law to celebrate marriage, the same is ordinarily considered void ab initio. However, if either or both parties believed in good faith that the solemnizer had the legal authority to do so, then the marriage shall remain valid despite the solemnizer’s lack of authority.61 This is an exception to the rule that the “absence of any of the essential or formal requisites shall render the marriage void ab initio.”

Question 10

What is the purpose of a marriage license?

Answer 10

A marriage license is required in order to notify the public that two persons are about to be united in matrimony and that anyone who is aware or has knowledge of any impediment to the union of the two shall make it known to the local civil registrar.

Question 11

What is a common-law marriage?

Answer 11

It may be briefly described as a marriage without formal solemnization or without formalities. It is sometimes termed as “consensual marriage” or “marriage in fact.” It is an agreement between a man and a woman who are legally competent to contract a marriage, that they take each other as husband and wife, and such a marriage differs from a ceremonial marriage only in the respect that the agreement does not have to be in the presence of witnesses or pronounced by an official having legal authority to perform marriage ceremonies.71 A common-law marriage is not recognized as valid in the Philippines because marriage ceremony is a requisite for the validity of Philippine marriages.

Question 12

What happens to the validity of marriage when there is no “at least two witnesses of legal age?”

Answer 12

Article 6 of the Family Code requires the contracting parties to declare that they take each other as husband and wife “in the presence of at least two witnesses of legal age.” The requirement of at least two witnesses of legal age is, however, merely directory so that a failure to comply therewith does not invalidate the marriage.

Question 13

Explain the requirement of consent in marriage.

Answer 13

1. Must be freely given
2. Made in the presence of the solemnizing officer
   - Absence of consent makes the marriage void. However if there is consent but such was obtained through force, fraud, undue influence, etc then it is only voidable.

Question 14

What happens when a.) any of the essential or formal requisites are absent?

b. ) When there is a defect in any of the essential requirements?
c. ) When there is an irregularity in the formal requisites?

Answer 14

a. Marriage void ab initio, except as stated in Article 35 (2)
- –> Those solemnized by any person not legally authorized to perform marriages unless such marriges were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so

b. ) Voidable marriage under Art. 45
- –> 18-21 without parental consent, unless after attaining the age of 21, such party freely cohabited with the other as husband and wife
- –> either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife
- –> consent of either party obtained by fraud, unless ^^^
- –> consent by force, intimidation or undue influence, unless ^^^
- –> either party physically incapable of consummating the marriage with the other and such incapacity continues and appears to be incurable
- –> either party was afflicted with STD found to be serious and appears to be incurable

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

Question 15

What are the irregularities in a marriage license?

Answer 15

*Presumption leans towards the legality of the marriage thus the authority of the officer is presumed absence the showing any proof to the contrary.

Merely Irregularities in marriage license:

1. Marriage license was made in a different place other than their residence.
2. Name stated therein is different or misspelled
3. Misrepresentation of age (but has to be emancipated—18 years and above)
4. Non-disclosure of prior marriage and divorce
5. Falsely stated that he or she had not been previously married.
6. Falsely swore that he or she is not under guardianship.

• If the couple have a valid marriage license but forgot to bring it then marriage will be valid (but if they don’t have one and procured one after the marriage ceremony the marriage will be void)

RABUYA:

(1) The fact that the application for marriage license was not under oath;
(2) The fact that the marriage license was issued in violation of the three-month suspension period under Articles 15 and 16 of the Family Code;
(3) The fact that the marriage license was issued prior to the completion of the period of publication; or that it was issued in the absence of the required publication;
(4) The fact that a marriage license was issued without the submission of certificate of legal capacity under Article 21 of the Family Code;
(5) The fact that the license was obtained in the locality where neither of the contracting parties resides.

Question 16

Cite the instances wherein a marriage may be exempt from the requirement of a marriage license.

Answer 16

1. Article 27: Both parties are in articulo mortis marriage will be valid even if the ailing party survives.
2. Article 28: Residence is in a remote place
   • In both cases the solemnizing officer must state in an affidavit that the marriage was performed as such and that he took necessary steps to ascertain the ages and that there were no legal impediments to the marriage.
3. Article 33: Marriages among Muslims or ethnic cultural communities, as long as performed in accordance with their customs, rites, practices.
4. Article 34: Cohabitation by the couple for 5 years
   * Muslims are governed by Code of Muslim personal laws of the Philippines and not the Family code but the other ethnic groups must comply with the other requisites as they are governed by the Family code.
5. Article 34: Cohabitation between man and woman for at least 5 years with no legal impediment at time of marriage.

Question 17

What is a valid marriage license?

Answer 17

It lasts for 120 days from the date of issue and effective within any part of the Philippines only.

Question 18

What happens when the spouses forget to verbally give their consent in the marriage ceremony?

Answer 18

Declaration does not have to be vocally expressed may be inferred by the words used, the manner the ceremony was made, etc. If a wedding took place there is a presumption that there was an exchange of vows.

Question 19

Which marriages are void ab initio?

Answer 19

(1) Those marriages contracted by any party who is not legally capacitated;
(2) Those marriages where consent is lacking;
(3) Those solemnized by any person not authorized to perform marriages, except when the marriage will fall under the exception mentioned in Article 35(2) of the Family Code;
(4) Those solemnized without a valid marriage license, except those marriages exempt from the license requirement; and (ALSO: a marriage celebrated 120 days after the issuance of the marriage license)
(5) Common-law marriages and marriages by proxy.

Question 20

What happens when the parties forget to sign their marriage certificate?

Answer 20

The failure of the parties to sign the marriage certificate will not likewise affect the validity of the marriage. The purpose of the certificate is to serve as evidence of the marriage. The absence of the marriage certificate is not, however, proof that no marriage took place because other evidence may be presented to prove the marriage. Thus, the mere fact that no record of the marriage exists in the registry of marriage does not invalidate said marriage, as long as in the celebration thereof, all requisites for its validity are present. The forwarding of a copy of the marriage certificate to the registry is not one of said requisite.

Question 21

Who may contract marriage?

Answer 21

Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38 (incestuous marriages and those against public policy.) may contract marriage.

Question 22

Who are authorized to solemnize marriage?

Answer 22

1. Any incumbent member of the judiciary within the court’s jurisdiction (Incumbent Justices of the Supreme Court, Court of Appeals, Sandiganbayan, and Court of Tax Appeals)
2. 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
3. Any ship captain or airplane chief only in cases of articulo mortis (assistant captain has no authority even if captain dies)
4. 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 cases of articulo mortis (must be a commissioned officer starting from second lieutenant)
5. Any consul-general, consul, or vice-consul when both contracting parties are Filipino citizens are married abroad (*If the host country allows marriages to be solemnized by consuls then even if between a Filipino and non-Filipino, the marriage will still be valid in accordance with Art. 26, which recognizes international comity.) (they can only solemnize marriages abroad when both the contracting parties are Filipino.
   * They also perform the duties of a local civil registrar (like issuing the license etc.)
   * No matter where they are the solemnities and requirements mandated by Philippine Law shall be observed.)
6. Mayor (or acting mayor in absence) of a city or municipality as provided in LGC in 1992

Question 23

If the parties involved believed in good faith that a janitor is authorized to solemnize marriage, what happens to the validity of marriage?

Answer 23

GOOD FAITH OF PARTIES: if the person who solemnized the marriage did not legally have the authority to solemnize a marriage, if both or one of the contracting parties believed that such a person did have the authority the marriage will be valid.
Ex. A priest did not renew his license to marry therefore does not have the authority to marry. If one of the contracting parties knew of this but the other did not the marriage is still valid.

HOWEVER, they must be one of the people who can be authorized if they are not the marriage will be void (ignorance of the law excuses no one)
Ex. A couple goes to a janitor to get married. Even if both parties are in good faith in thinking that a janitor can solemnize a marriage they should know who by law are authorized to.

Question 24

What are the exceptions from getting a marriage license?

Answer 24

1. Articulo mortis (Art. 27)
2. Residence in a remote place (Art. 28)
3. Marriages among Muslims or ethnic cultural communities (Art. 33)
4. Cohabitation by the couple for 5 years with no legal impediments (Art. 34)

Question 25

Where can marriage be solemnized?

Answer 25

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 the 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.

• Not mandatory but directory in nature.
• Its non-compliance will not make the marriage void but will only cause civil, criminal, or administrative liability.
  Exceptions to venue stated:
  1. When the marriage is in articulo mortis
  2. When the marriage is in a remote place (transportation etc. is difficult to come by)
  3. When requested by both parties in writing.

Question 26

What are specified in the marriage license?

Answer 26

1. Full name of the contracting parties
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
10. Full name, residence and citizenship of the guardian or person having charge, in case the contracting parties has neither father nor mother and is under the age of twenty one years.
    The applicants, their parents or guardians shall not be required to exhibit their residence certificate in any formality in connection with the securing of the marriage license.

Question 27

What is the additional requirement for a contracting party above 18 but below 21?

Answer 27

In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, 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 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 administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications.

Question 28

What happens when advice of parents is not obtained by contracting party between 21-25?

Answer 28

Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefore. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement.

Question 29

What shall be stated in a marriage certificate?

Answer 29

1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence
3. The date and precise time of the celebration of the marriage
4. That the proper marriage license has been issued according to law, except in marriage provided for in Chapter
   2 of this Title
5. That either or both of the contracting parties have secured the parental consent in appropriate cases
6. That either or both of the contracting parties have complied with the legal requirement regarding parental
   advice in appropriate cases and
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof.

Question 30

What are proofs of marriage?

Answer 30

1. Marriage contract or certificate
2. Photocopies of the certificate or contract from the local civil registry
3. Family bible
4. Baptismal, birth certificates of kids
5. Judicial decisions
6. Testimonies of parties, witness, solemnizing officers
7. Cohabitation and conduct
8. Statement in a will
   * A certificate of marriage made years after the marriage is inadmissible as evidence.

Question 31

What are the exceptions to international comity?

Answer 31

-Either or both contracting parties are Filipinos and below 18 years of age. *35(1)
-Polygamous and bigamous marriages recognized abroad will not be valid here. *35(4)
-Marriage abroad where there is mistake of identity of the other contracting party is not recognized here. *35(5)
-Marriage by a Filipino to one who is psychologically incapacitated is not valid here. *36
- In relation to:
Art. 52: The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.
Art. 53: Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
*35(6)
-Marriages that are incestuous are not valid here even if celebrated abroad and valid there. (Art. 37)
-Marriages against public policy are not valid here either (Art. 38)
-Common law marriages are not recognized here, the marriage must still be solemnized and not contracted.
-Same sex marriages between Filipinos are not valid even if done abroad.

• If a Filipino contracts a foreign marriage which is null and void under the laws of the state where it has been solemnized then such marriage will likewise be null and void in the Philippines.
• If a marriage celebrated abroad is invalid in that country but considered valid in the Philippines, the marriage will still be invalid. The law where the marriage has been solemnized shall apply

Question 32

Cite instances of marriage void ab initio.

Answer 32

Art. 35: The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41
Art. 41: A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.

Question 33

Psychological incapacity must be characterized by…

Answer 33

1. Gravity- grave or serious
2. Juridical antecedence – rooted in history of the party and may manifest after the marriage.
3. Incurability

Question 34

Jurisprudential guidelines for psychological incapacity?

Answer 34

Jurisprudential Guidelines (CA v. Molina):

1. Burden of proof to show the nullity of marriage belongs to the plaintiff.
2. Root cause must be medically or clinically identified, alleged in the complaint, sufficiently proven by experts, clearly explained by the decision, must be psychological not physical.
3. Proven to be existing at the time of the celebration of the marriage
4. Must be incurable (may be absolute or relative to the given spouse)
5. Must be grave
6. Essential marriage obligations are those embraced in articles 68 to 71 and Articles 220, 221, 225 with regards to parents and children.
7. Interpretations in National Appellate Matrimonial tribunal of Catholic Church though not binding are persuasive

Question 35

What can be proof to show psychological incapacity?

Answer 35

1. Observe of duties (living together, etc.)
2. Procreation
3. Obligation of parents to children.
4. Senseless and protracted refusal to have intercourse
5. Unreasonable attachment to ones other family or barkada
6. Transvestism
7. Indulgence of private fantasy
8. Alcohol/substance abuse
9. Extreme immaturity

Question 36

Incestuous marriages

Answer 36

Art. 37: Marriages between the following are incestuous and void from the beginning, whether 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.

Question 37

Void marriages for reason of public policy

Answer 37

Art. 38: The following marriages shall be void from the beginning for reasons of public policy
(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;
(9) Between parties where one, with the intention to
marry the other, killed that other person’s spouse, or
his or her own spouse.

Question 38

Who are your collateral blood relatives? Are you allowed to marry them?

Answer 38

A collateral descendant is a legal term for a relative descended from a brother or sister of an ancestor, and thus a niece, nephew, or cousin. May cause the same reasons as Art. 37 but to a lesser degree.

Question 39

Explain the validity of a subsequent marriage based on the disappearance of spouse in the subsisting marriage.

Answer 39

Art. 41: A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
- A declaration of presumptive death is needed for the absentee in order to contact a new marriage.
Article 42: The subsequent marriage made will become void with the recording of the affidavit of reappearance of the subsequent spouse. Such notice will be filed in the civil registry of the residence of the parties in subsequent marriage, and give them due notice- ONLY CASE WHERE MARRIAGE IS TERMINATED EXTRAJUDICIALLY. Any interested party can file for the affidavit of reappearance.
Exception to 42: if the affidavit is fraudulent then it is ineffectual.
Exception: Prior spouse has been absent for 4 consecutive years and there is a well founded belief (must exercise due diligence to ascertain whereabouts or if she is dead or alive) that absent spouse is dead (2 years will suffice if there was danger of death)

Question 40

What are the effects of a spouse’s reappearance while there is a subsequent marriage?

Answer 40

Art. 43: The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects

  (1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate (Children conceived during the subsequent marriage contemplated in Art. 41 are legitimate even if one of the contracting parties is in bad faith.);
  (2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse (The property regime shall be dissolved and liquidated. After the payment of all debts, the spouses shall divide the net profits of the property equally or in accordance with the stipulated sharing. If a spouse acted in bad faith, the guilty spouse shall not get his share in the net profits (his/her share will be forfeited in favor of the common children, if none the children of the guilty spouse by a previous marriage, if none to the innocent spouse.);
  (3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law(If both parties are in good faith, the donation shall be valid. If the donee acted in bad faith in contracting the marriage, the donation by reason of marriage is terminated by operation of law. If both are in bad faith neither can recover what they have given);
  (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable (The innocent spouse has the choice of revoking the beneficiary in an insurance policy even if the policy is irrevocable. (Should inform the insurance company); and
  (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession (The spouse who acted in bad faith shall be disqualified to inherit from the innocent spouse. If both spouses are in bad faith according to Article 44 the marriage is void and the parties cannot inherit).

**Art. 44: If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law.

Question 41

What are voidable marriages?

Answer 41

*check Sta Maria notes

Question 42

What is a collusion?

Answer 42

Collusion is a secret cooperation or deceitful agreement in order to deceive others, although not necessarily illegal, as a conspiracy.