MARRIAGE CHAPTER I REQUISITES OF MARRIAGE ART. 1.

MARRIAGE IS A SPECIAL CONTRACT OF PERMANENT UNION BETWEENA 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 INSTUTION 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 I. The two aspects of marriage a. It is a special contract b. It is a status or a relation or an institution. 1. As a status the principle in contracts that the parties may by mutual agreement, put an end to it, cannot apply for the consequences of the marriage as a rule are fixed by law. NOTE: The phrase after a marriage can refer to something after a wedding or after the dissolution of a marriage The enactment of RA 6955 declaring the unlawful practice of matching Filipino women for marriage to foreign nationals on a mail-order basis and other similar practices Notaries public who draw up instruments destroying the inviolability of marriage (such as agreements permitting spouses to have carnal knowledge with third parties) are subject to disciplinary action II. Marriage as a STATUS or UNION It is the union of one man with one woman for the reciprocal blessings of a domestic home life, and for the birth, rearing and education of children The SC ruled that marriage is also a new RELATION in the maintenance of which the general public is interested The purpose of marriage is the establishment of conjugal and family life Marriage as a ceremony ends when marriage as a status begins. Some Principles a. Union Physical and spiritual mating b. Of one man with one woman this is monogamy, which is the ideal marriage c. Reciprocal blessings marriage is a 50-50 proposition; the wife must not henpeck the husband neither must the husband oppress the wife d. Birth since one of the purposes of marriage is the procreation of children, the natural moral law prohibits artificial birth control NOTE: Marriage is neither birth, not control not birth, for no children are born; not control, for this would result only in excess and indulgence e. Rearing the care of BOTH parents is essential f. Education of Children it is the natural right of parents to educate their children Marriage Distinguished from Ordinary Contracts a. Ordinary contracts are mere contracts a marriage contract is also a social institution b. Ordinary contracts agreements entered into usually depend on the stipulations agreed into by the contracting parties unless those stipulations are against the law, public policy, public order, morals and good customs. Marriage the nature and the consequences as well as the incidents area governed by law GENERAL RULE IN MARRIAGE: Stipulations are of no value

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c. The age for ordinary contracts is the age of majority, for marriage age varies d. Contracts end either thru express provision of the law, expiration of the term for which the contract was entered into or thru mutual agreement by parties concerned Marriage only death or annulment for legal causes dissolves the marriage contract V. Rules governing marriage before the new civil code a. For the marriage ceremony: 1. Spanish civil code religious marriage not civil marriage 2. American civil code civil marriage b. For some effects of marriage: 1. Arts. 44 to 78 of Spanish Marriage Law of 1870 c. For propertied of the marriage and for property contracts on the occasion of marriage: 1. Arts. 1315 to 1444 of the old civil code Offer of Marriage As a rule in rape cases, an offer of marriage is an admission guilt Acknowledgment of offspring of crime Persons guilty of rape shall be sentenced to acknowledge the offspring of the crime unless the law should prevent him from doing so Guidelines for the proper appreciation of minority either as an element of a crime or as a qualifying circumstances 1. The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party 2. In its absence, similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age 3. If the certificate of live birth is shown to have been lost or unavailable, the clear and credible testimony of the victims close relatives who is qualified to testimony shall be sufficient 4. In the absence of all the above, complainants testimony will suffice provided it is expressly and clearly admitted by the appellant The Human side of a case should not be totally ignored 1. Because the respondents present position is not one which has caused scandal to anyone truly concerned with public morality 2. Without fear of contradiction it would be violating godly laws of charity and love and embracing cruelty and hypocrisy if SC should require respondent to abandon her family 3. The relations, duties, obligations and consequences of marriage area important to the morals and civilizations of a people and to the peace and welfare of society 4. Any attempt to inject freedom of religion in an effort to exempt oneself from the Civil Service rules relating to the sanctity of the marriage tie must fail

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ART. 2. NO MARRIAGE SHALL BE VALID, UNLESS THESE ESSENTIAL REQUISITES ARE PRESENT: 1. 2. LEGAL CAPACITY OF THE CONTRACTING PARTIES WHO MUST BE A MALE AND A FEMALE CONSENT FREELY GIVEN IN THE PRESENCE OF THE SOLEMNIZING OFFICER

ART. 3. THE FORMAL REQUISITES OF MARRIAGE ARE: 1. 2. 3. AUTHORITY OF THE SOLEMNIZING OFFICER A VALID MARRIAGE LICENSE EXCEPT IN THE CASES PROVIDED FOR IN CHAPTER 2 OF THIS TITLE 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

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Legal Capacity of the Contracting Parties a. The parties must have the necessary age or consent of parents b. There must be no impediment caused by a prior existing marriage or by certain relationships by affinity or consanguinity Their consent freely given a. Consent - consent of the contracting parties, not parental consent. Parental consent is related to legal capacity of contracting parties b. Required because marriage is a contract, a voluntary act. c. If there is consent but is VITIATED, the marriage is not void but merely VOIDABLE valid until annulled d. If there is absolutely no consent, not intend to be bound the marriage is VOID NOTE: Without the essential requisites, marriage is VOID Authority of person solemnizing the marriage Civil Code - Good or Bad faith of the parties was immaterial. If the person performing the marriage had no authority to do so, the marriage was void regardless of the good or bad faith of the parties. Family Code even if the solemnizing officer is not authorized, the marriage would be valid if either or both parties believe in good faith in his authority to solemnize the marriage A marriage license (except in a marriage of exceptional character) What is required is the marriage license, not the marriage certificate. The latter is not an essential or formal requisite. An oral solemnization is valid. A marriage may be proved by oral evidence. NOTE: A man and a woman living together as husband and wife for many years though no record that a marriage had ever celebrated is assumed that they are married because of their cohabitation for many years. The lack of marriage record does not rebut the presumption of marriage for it could have been celebrated elsewhere.

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A marriage ceremony Must be made in the presence of not less than two witnesses of legal age

NOTA BENE: Absence of any of the formal requisites marriage is VOID AB INITIO, unless one or both of parties are in good faith ART. 4. THE ABSENCE OF ANY OF THE ESSENTIAL OR FORMAL REQUISITES SHALL RENDER THE MARRIAGE VOID AB INITIO, EXCEPT AS STATED IN ARTICLE 35(2). A DEFECT IN ANY OF THE ESSENTIAL REQUISITES SHALL RENDER THE MARRIAGE VOIDABLE AS PROVIDED IN ARTICLE 45. AN IRREGULARITY IN THE FORMAL REQUISITES SHALL NOT AFFECT THE VALIDITY OF THE MARRIAGE BUT THE PARTY OR PARTIES RESPONSIBLE FOR THE IRREGULARITY SHALL BE CIVILLY, CRIMINALLY AND ADMINISTRATIVELY LIABLE. I. Irregularity in formal requisites will not affect validity of marriage, in general Will subject the party responsible to civil, criminal and administrative liabilities. Some examples of irregularities: a. Presence of only 1 witness b. Lack of legal age of witnesses c. Failure to comply with procedural requirements under art. 12 d. Non observance of 3 month period under art. 15 e. Failure to comply with requirements of notice under art. 17.

ART. 5. ANY MALE OR FEMALE OF THE AGE OF 18 YEARS OR UPWARDS NOT UNDER ANY OF THE IMPEDIMENTS MENTIONED IN ARTICLES 37 ANAD 38, MAY CONTRACT MARRIAGE I. Marriageable Ages of the Contracting Parties Art. 5 sets forth the marriageable ages of the contracting parties to a marriage. Be it remembered that formerly, the marriageable age was 14 years for females and 16 for males. Both parties must not suffer from legal impediments of blood relationship as to render the marriage incestuous under art. 37 or of certain relationships as to render the marriage void for reasons of public policy under art. 38.

ART. 6. NO PRESCRIBED FORM OR RELIGIOUS RITE FOR THE SOLEMNIZATION OF THE MARRIAGE IS REQUIRED. IT SHALL BE NECESSARY, HOWEVER, FOR THE CONTRACTING PARTIES TTO APPEAR PERSONALLY BEFORE THE SOLEMNIZING OFFICER AND DECLARE IN THE PRESENCE OF NOT LESS THAN 2 WITNESSES OF LEGAL AGE THAT THEY TAKE EACH OTHER AS HUSBAND AND WIFE. THIS DECLARATION SHALL BE CONTAINED IN THE MARRIAGE CERTIFICATE WHICH SHALL BE SIGNED BY THE CONTRACTING PARTIES AND THEIR WITNESSES AND ATTESTED BY THE SOLEMNIZING OFFICER. IN CASE OF A MARRIAGE INA RTICULO MORTIS, WHEN THE PARTY AT THE POINT OF DEATH IS UNABLE TO SIGN THE MARRIAGE CERTIFICATE, IT SHALL BE SUFFICIENT FOR ONE OF THE WITNESSES TO THE MARRIAGE TO WRITE THE NAME OF SAID PARTY, WHICH FACT SHALL BE ATTESTED BY THE SOLEMNIZING OFFICER. I. Necessity for a ceremony or celebration A ceremony is required although no particular form for it is needed Must be before a duly authorized person It need not be written; signs would be sufficient NOTE: If a man or a woman deport themselves as if they were husband and wife, they are presumed to be validly and legally married to each other and this presumption is not rebutted by a mere denial by the man or woman of the fact of marriage

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Common-law marriage One where the man and woman just live together as husband and wife without getting married Live-in relationship Not considered valid if between Filipinos Valid between foreigners and if the relationship began abroad provided that it is valid according to the personal law of the parties and according to the place where the relationship began Marriage by proxy One where the other party is merely represented by a delegate or friend Rules on Marriages by proxy a. If performed here in the Philippines, the marriage is void because physical presence of both parties is required b. If abroad, whether between Filipinos or foreigners or mixed, it would seem that the controlling article is Art. 26 of the family code. NOTE: The marriage by proxy is deemed celebrated at the place where the delegate or the proxy appears Effect if one party is not asked If the solemnizing officer after hearing the wife says she was willing to take the groom as her husband, forgot to ask the groom on the same matter, the marriage is still valid just the same so long as the groom also signed the marriage certificate.

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ART. 7. MARRIAGE MAY BE SOLEMNIZED BY: 1. 2. ANY INCUMBENT MEMBER OF THE JUDICIARY WITHIN THE COURTS 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,A CTING WITHIN THE LIMITS OF THE WRITTEN AUTHORITY GRANTED HIM BY HIS CHURCH OR RELIGIOUS SECT AND PROVIDED THAT AT LEASTON OF THE CONTRACTING PARTIES BELONGS TO THE SOLEMNIZING OFFICERS CHURCH OR RELIGIOUS SECT; ANY SHIP CAPTAIN OR AIRPLANE CHIEF ONLY IN THE CASES MENTIONED IN ARTICLE 31 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 THE CASES MENTIONED IN ARTICLE 32 OR ANY CONSUL-GENERAL, CONSUL OR VICE-CONSULL IN THE CASE PROVIDED IN ARTICLE 10. Rule re ship captain or airplane chief A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane in flight, but also during stopovers at ports of call Rule re Military Commander A military commander of a unit who is a commissioned officer, shall likewise have authority to solemnize marriage in articulo mortis between persons within the zone of military operation whether members of the armed forces or civilians Rule re consular officials Marriage between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the RP. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. Governors, Mayors and ambassadors Lack authority to solemnize marriages Under the Family Code

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What the law does not include, it excludes A village elder cannot likewise celebrate a marriage Under the Local Government code mayors are now authorized to perform marriages within their jurisdiction Burden of proof If a person seeks to impugn the validity of a marriage on the ground that the person who solemnized it was not really authorized, such lack of authority must be proved by the person petitioning

ART. 8. 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 CASES OF MARRIAGES CONTRACTED AT THE POINT OF DEATH OR IN REMOTE PLACES IN ACCORDANCE WITH ART. 29 OF THIS CODE OR WHERE BOTH OF THE PARTIES REQUEST THE SOLEMNIZING OFFICER IN WRITING IN WHICH CASE THE MARRRIAGE MAY BE SOLEMNIZED AT A HOUSE OR PLACE DESIGNATED BY THEM IN A SWORN STATEMENT TO THAT EFFECT I. Reason for public solemnization The requirement that the marriage be done publicly is based on the premise that the state takes an active interest in the marriage Instances where public solemnization is not needed a. Marriages in chambers of the justice or judge b. Marriages in articulo mortis c. Marriages in a remote place d. When both of the parties request in writing for solemnization in some other place. The place must be designated in a sworn statement

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ART. 9. A MARRIAGE LICENSE SHALL BE ISSUED BY THE LOCAL CIVIL REGISTRAR OF THE CITY OR MUNICIPALITY WHERE EITHER CONTRACTING PARTY HABITUALLY RESIDES, EXCEPT IN MARRIAGES WHERE NO LICENSE IS REQUIRED IN ACCORDANCE WITH CHAPTER 2 OF THIS TITLE I. Where marriage license should be issued The marriage license should be issued by the local civil registrar of the municipality where either contracting party habitually resides. Requirement as to the place of issuance is not complied with, the marriage would still be valid, provided all the other requisites are present The solemnizing officer does not have to investigate whether or not the license had been properly issued Marriages of exceptional character (no marriage license is needed) a. Articulo mortis b. Remote place c. Marriage of people who have previously cohabited for at least 5 years d. Marriages between pagans or Mohammedans who live in non-Christian provinces and who are married in accordance with their customs Religious Ratification Does not require a marriage license if it is a religious ratification of a valid marriage

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ART. 10. MARRIAGES BETWEEN FILIPINO CITIZENS ABROAD MAY BE SOLEMNIZED BY A CONSUL-GENERAL, CONSUL OR VICE-CONSUL OF THE RP. THE ISSUANCE OF THE MARRIAGE LICENSE AND THE DUTIES OF THE LOCAL CIVIL REGISTRAR AND OF THE SOLEMNIZING OFFICER WITH REGARD TO THE CELEBRATION OF MARRIAGE SHALL BE PERFORMED BY SAID CONSULAR OFFICIAL I. If performed abroad

Under this rule, whenever a marriage between Filipino citizens is performed abroad by the Filipino consular official, the provisions on marriage found under the family ode shall apply, as if the marriage is performed in the Philippines. The consular official of the Philippines abroad shall discharge the duties of the local civil registrar and of the solemnizing official