Notes_Family Code 1-10

8/8/2019 Notes_Family Code 1-10

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Chapter 1 Requisites of MarriageARTICLE 1

Two Aspects:1. Special Contract2. Status or a Relation or an Institution – as a status, the principle in contracts

that the parties may by mutual agreement put an end to it cannot apply.

a. Marriage as a STATUS or UNIONi. The union and inviolable social institution of one man with one

woman1. For the reciprocal blessings of a domestic home life2. For the birth, rearing and education of children

ii. SC ruled that marriage is also a new RELATION, the maintenanceof which is the interest of the general public.

Purpose:1. Under Civil Code – establishment of a conjugal and family

life; procreation of children2. Under Constitution – marriage is an inviolable social

institution, the foundation of the family and shall beprotected by the state.

3. Under Muslim Code (PD1083) – Muslims can have asmany as four wives at a time, provided that he can givethem equal companionship and equal treatment

MARRIAGE AS A CEREMONY (WEDDING) ENDS WHEN MARRIAGE AS A STATUSBEGINS.

Principles of Marriage:1. Union – physical and spiritual

mating2. Monogamy – one man with one

woman3. Reciprocal blessings – 50-50

proposition

4. Birth – procreation; no birthcontrol

5. Rearing – care of both parents6. Education of Children – right of

parents

Marriage vs Ordinary ContractsMARRIAGE ORDINARY CONTRACTS

1. Contract and social institution 1. Only a contract2. Stipulations are generally fixed by

law, not by the parties, except inmarriage settlement provisions

2. Stipulations are generally fixed bythe parties

3. Dissolved only by death orannulment 3. End by mutual agreement andother legal causes

ARTICLE 2Requisites of a valid marriage

1. Legal capacity of the contracting parties who must he a male and a femalea. Necessary age (18)b. Necessary consent of parents



c. No impediment caused by either a prior existing marriage nor by certainrelationships by affinity (law) or consanguinity (blood).

2. Consent freely given in the presence of the solemnizing officera. Consent of the contracting parties; NOT the parents.b. Required because marriage is a contract; a voluntary actc. If there is consent but is vitiated by error, fraud, intimidation, force, etc. marriage is

voidable (valid until annulled)

ARTICLE 3Formal requisites of marriage are:

1. Authority of the solemnizing officera. Under Civil Code, Regardless whether the contracting parties were in good or bad

faith, if the solemnizing officer does not have authority, the marriage is void.b. Under Family Code, even if solemnizing officer is not authorized, marriage is valid if

either or both parties believe in good faith in his authority to solemnize themarriage.

2. A valid marriage license except in the cases provided for in Chapter 2 of this Titlea. When one or both of the contracting parties are at the point of death

b. Residence of either party is so located that there is no means of transportation(remote places) to enable them to appear personally before the local civil registrar

3. Ceremony wherein there is an appearance of the contracting parties before thesolemnizing officer, they personally declare that they take each other as husband andwife; and in the presence of not less than two witnesses of legal age.

ARTICLE 4Absence of any of the essential or formal requisites – marriage void ab initio, except asstated in Article 35(2).Defect in any of the essential requisites – marriage is voidable as provided in Article 45.Irregularity in the formal requisites – shall not affect validity of marriage but the partyresponsible for the irregularity shall be civilly, criminally and administratively liable.

Examples of irregularities: presence of only 1 witness, lack of legal age of witnesses,failure to comply with procedural requirements under Article 12, non-observance of 3-monthperiod under Article 15 (if approval of parents was not sought or if parents disapproved), failureto comply with requirements of notice under Article 17 (to be posted for 10 consecutive days onthe bulletin board outside the office of the civil registrar, must be accessible to the generalpublic).

ARTICLE 5Who may contract marriage? Any male or female 18 years and above, not under theimpediments in Articles 37 and 38 (incestuous – between ascendants and descendants of anydegree and between brothers and sisters full or half blood)

ARTICLE 6No prescribed form or religious rite for the solemnization of the marriage.Necessary however to:

1. Contracting parties to appear personally before the solemnizing officer2. Declare in the presence of not less than 2 witnesses of legal age that they take each other

as husband and wife3. Declaration shall be contained in the marriage certificate to be signed by the contracting

parties and their witnesses and attested by the solemnizing officer



Marriage in articulo mortis – party at the point of death is unable to sign the certificate, sufficientfor one of the witnesses to write the name of the said party; this will be attested to by thesolemnizing officer.

Common law marriage – a man and a woman live together without getting married (without the

ceremony conducted by a solemnizing officer with 2 witnesses of legal age).

Common law marriage in the Philippines is valid IF between foreigners AND IF the relationshipbegan abroad provided that it is valid according to the personal law of the parties and accordingto the place where the relationship began.

Marriage by Proxy – where a party is represented by a delegate or friendRules:

1. Void If performed in the Philippines because physical presence is required under article 62. If performed abroad, whether between Filipinos, foreigners or mixed, valid in the

Philippines if valid where it was celebrated, without prejudice to Philippine immigrationlaws.

ARTICLE 7Marriage may be solemnized by:

1. Incumbent member of the judiciary within the court’s jurisdiction2. 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 where at least one of thecontracting parties belongs to the solemnizing officer’s church or religious sect.

3. Ship captain or airplane chief only in cases mentioned in Article 31 (marriage betweenpassengers or crew members while the ship is at sea or plane is in flight and also duringstopovers at ports of call).

4. Military commander (must be a commissioned officer) of a unit in the absence of thechaplain assigned to it during a military operation, only in cases mentioned in Article 32

(members of the armed forces or civilians).5. Any consul-general, consul or vice-consul in the case provided in Article 10 (marriage

between Filipinos abroad wherein the issuance of the marriage license, the duties of thelocal civil registrar and of the solemnizing officer shall be performed by the consul official).

Governors, mayors, ambassadors are not authorized to solemnize marriages. The burden of proof that the person who solemnized the marriage is not authorized lies on the personpetitioning.

ARTICLE 8Marriage shall be solemnized publicly, and not elsewhere, in:

1. Chambers of the judge or in open court2. In the church, chapel or temple3. In the Office of the Consul-general, consul or vice-consul

- EXCEPT in the case of marriage1. at the point of death2. in remote places3. 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 to that effect



Why public solemnization? State takes an active interest in the marriage

Public solemnization is needed except when:1. marriages in chambers of the Justice or Judge2. Marriages in articulo mortis (at the point of death)

3. Marriages in a remote place4. At the written request of both parties for solemnization in some other place.

ARTICLE 9Marriage license – shall be issued by the local civil registrar of the city or municipality whereeither party habitually resides, except in marriages where no license is required

Marriages of exceptional character where no marriage license is required1. In articulo mortis2. In a remote place3. Marriage of people who have previously cohabited for at least 5 years4. Marriages between pagans or Mohammedans, who live in non-Christian provinces, and

who are married in accordance with their customs

Religious ratification of a valid marriage does not require a marriage license.

ARTICLE 10Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul orvice consul of the Republic of the Philippines. The consular official performs the following:

1. Issuance of the marriage license2. Duties of the local civil registrar3. Duties of the solemnizing officer with regard to the celebration of the marriage

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Notes_Family Code 1-10