Title 1 Marriage Chapter 1 Requisites Flashcards
what is marriage
special contract of permanent union between man and woman entered in accordance with the law for the establishment of conjugal and family life. It is the foundation of family and and inviolable social institutions whose nature, consequences and incidents are not subject to stipulation except that marriage settle may fix property relations during marriage within the limits provided by this code (art 1)
differentiate conjugal v family life
conjugal - relationship between husband and wife, famile includes children
what are the two aspects of marriage
- contract 2. status
who are the parties to the marriage
2 willing spouses, and an approving State
marriage as a social institution
it is constitutionally mandated (foundation of the family and an inviolable social institution art 1)
what are other laws protecting marriage
rpc - bigamy, labor code - holds unlawful for an employer to require as a condition not getting married, special law - mail to order bride
what are the essential requisites of marriage
legal capacity of parties who must be male and femal, consent freely given
what are the formal requisites
authority of solemnizing officer, marriage license except in cases in Chapter 2, marriage ceremony before the officer personallg declaring with 2 witnesses
what does legal capacity in marriage
age: at least 18, and there must be absence of any legal impedement
what are the 3 types of flawed marriage
- void ab initio 2. voidable 3. valid marriage with civil criminal or administrative liability (irregular)
what happens if marriage is void
non existent
what are the relational requirment to marry
must not marry: acendants and descendants of any degree, step parents, step children, parents in law, children in law, adopting parent and adopted child, their surviving spouses, adopted and legitimate, adobted children of same adopter
what is the minimum required form or rite of marrige
- parties must personally appear, 2. must declare they take each other as husband and wife, 3. make declaration in the presence of 2 witnesses of legal age
what is the provision of articulo mortis
in the face of death. the affixing of signature is dispensed with where the ill or injured party is unable to do so
who may solemnize a wedding
- judiciary within the court’s jurisdiction, 2. priests registered and one the contracting parties belong, 3. ship captain or airplane chief in Art 31, 4. military commander in a unit with chaplain but chaplain is absent during military operation, 5. consul in cases under Art 10
when can a ship or airplane chief solemnize
- articulo mortis, 2. marriage is between passengers or crew members, 3. at sea or flight including stopovers, 4. must be the highest ranking officer
which public officials cannot solemnize
senate pres, speaker, governors, senators, ambassadors, barangay captain
what is a marriage license
state’s demonstration of its involvement and participation in every marriage
what will happen in marriage (between 2 filipinos) is solemnized abroad by a consul, where will they process marriage license
the issuance of license and other obligations of the local civil registrar shall be performed by the consular office
what are the information required in a marriage license
- full name of parties, 2. place of birth, 3. age and birthday, 4. civil status, 5. if previously married, how and when and where was it dissolved, 6. present residence and citizenship, 7. degree of relationship, 8. full name, residence and citizenship of parents/guardian,
when is parental consent and advice required
consent - between 18 and 22, advice - between 21 and 25
what are the effects if consent or advice is not fulfilled
no consent - voidable, no advice- delay of license for 3 mos
what is the general rule on foreign marriages
if it is valid where it is celebrated, it is valid in Pi
what are the exemptions to the general rule of foreign marriages
prohibitions under art 35- 1,4,5,6 art 36, 37 or 38
