Title 1 Marriage Chapter 1 Requisites

Question 1

what is marriage

Answer 1

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)

Question 2

differentiate conjugal v family life

Answer 2

conjugal - relationship between husband and wife, famile includes children

Question 3

what are the two aspects of marriage

Answer 3

1. contract 2. status

Question 4

who are the parties to the marriage

Answer 4

2 willing spouses, and an approving State

Question 5

marriage as a social institution

Answer 5

it is constitutionally mandated (foundation of the family and an inviolable social institution art 1)

Question 6

what are other laws protecting marriage

Answer 6

rpc - bigamy, labor code - holds unlawful for an employer to require as a condition not getting married, special law - mail to order bride

Question 7

what are the essential requisites of marriage

Answer 7

legal capacity of parties who must be male and femal, consent freely given

Question 8

what are the formal requisites

Answer 8

authority of solemnizing officer, marriage license except in cases in Chapter 2, marriage ceremony before the officer personallg declaring with 2 witnesses

Question 9

what does legal capacity in marriage

Answer 9

age: at least 18, and there must be absence of any legal impedement

Question 10

what are the 3 types of flawed marriage

Answer 10

1. void ab initio 2. voidable 3. valid marriage with civil criminal or administrative liability (irregular)

Question 11

what happens if marriage is void

Answer 11

non existent

Question 12

what are the relational requirment to marry

Answer 12

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

Question 13

what is the minimum required form or rite of marrige

Answer 13

1. 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

Question 14

what is the provision of articulo mortis

Answer 14

in the face of death. the affixing of signature is dispensed with where the ill or injured party is unable to do so

Question 15

who may solemnize a wedding

Answer 15

1. 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

Question 16

when can a ship or airplane chief solemnize

Answer 16

1. articulo mortis, 2. marriage is between passengers or crew members, 3. at sea or flight including stopovers, 4. must be the highest ranking officer

Question 17

which public officials cannot solemnize

Answer 17

senate pres, speaker, governors, senators, ambassadors, barangay captain

Question 18

what is a marriage license

Answer 18

state’s demonstration of its involvement and participation in every marriage

Question 19

what will happen in marriage (between 2 filipinos) is solemnized abroad by a consul, where will they process marriage license

Answer 19

the issuance of license and other obligations of the local civil registrar shall be performed by the consular office

Question 20

what are the information required in a marriage license

Answer 20

1. 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,

Question 21

when is parental consent and advice required

Answer 21

consent - between 18 and 22, advice - between 21 and 25

Question 22

what are the effects if consent or advice is not fulfilled

Answer 22

no consent - voidable, no advice- delay of license for 3 mos

Question 23

what is the general rule on foreign marriages

Answer 23

if it is valid where it is celebrated, it is valid in Pi

Question 24

what are the exemptions to the general rule of foreign marriages

Answer 24

prohibitions under art 35- 1,4,5,6 art 36, 37 or 38