Persons and Family Relations 1 Definition and Nature of Marriage

Marriage 2 distinct meanings:

1. Limited to the procedure in which a man and a woman become husband and wife (regardless of ceremony)
inauguration of the relation of husband and wife produces a new status called marriage
2. Marriage is a status in involving duties and responsibilities which are no longer private, but the concern of the
State civil and social institution foundation of the family and origin of domestic relations utmost
importance to civilization and social progress
3. Purposes immediate: constitution of a complete and perfect community between individuals of different
sexes
a. Remote purpose: preservation of human race
b. Reproduction, education of offspring, mutual help

Article 1, FC contract of permanent union between man and woman + accordance with the law for establishment of
conjugal and family right = foundation of family governed by law (memorize this)

1. Marriage as a Social Institution contract only in form, but in essence an institution of public order cannot be
compared to other contracts and based on the consent of parties unites a man and woman in a juridical act for
the purposes of procreation and other material and moral ends necessary for the development of personality. The
state is deeply concerned in its maintenance in purity and integrity
a. Characteristics:
i. Civil in character independent of religious aspect
ii. Institution of public order governed by rules established by law that cannot be made
inoperative
iii. Natural character satisfaction of the intimate sentiments and needs of human beings for the
organic perpetuation of man
b. Different from ordinary contract
Ordinary Marriage
Entered into by any number of persons of any sex Two people = man + woman
Agreement of parties have the force of law Law fixes the rights and duties of the parties
between them can include any clause cannot change anything unless property
stipulation
Can be terminated by mutual agreement Cannot be terminated; even if one spouse is
unable to perform his part
Breach can give rise to action for damages Breach the law provides civil and criminal
sanctions
Validity cannot be affected by antenuptial
agreements
c. Principal effects:
i. Personal and economic relations between spouses important rights and duties
ii. Legitimacy of sexual union and family
iii. Personal and economic relations between parents and children important rights and duties
iv. Family relationship juridical consequences
v. Emancipation of spouse form parental authority
vi. Incapacity of spouse to make donations to each other
vii. Disqualification to testify against each other
viii. Modification of criminal liability (Art 11 and 13 of NCC)
2. Contract to Marry mutual agreement to marry sometime in the future and carried out by the actual celebration
of marriage distinguished from ordinary contract in that it cannot be enforced by court action because consent
is voluntary
a. No ceremony required no particular form or ceremony is needed
 b. Breach of promise if there is one breach ultimate breach of the contract existing. A mere request for
postponement != breach of contract
c. Damages for breach the chapter Promise of Marriage was eliminated by Congress because of the case
De Jesus v Sqyuia where the court rules that action for breach of promise to marry has no standing in civil
law (apart from the right to recover money or property advanced by the plaintiff upon the faith of such
promise)
i. There is no legal provision creating a right for action can sue moral damages but there is no
right of action (still)
ii. Effect of Seduction promise of marriage because of seduction unlawful consideration and no
action can be maintained against the man different when one induces the other to resign or do
something, he can be sued for damages
iii. Abuse of Right Article 19 of NCC damages may be recovered under certain circumstances
against the one who breaches the contract to marry
iv. Unjust Enrichment Article 22 of NCC Domalagan v Bolifer Gifts (jewelry) are considered
legally as conditional and may be recovered upon breach of the engagement (not absolute gifts)
d. Oral Agreement Rule 123, Section 21 of Rules of Court agreement upon the consideration of
marriage cannot be proved except by writing (except for the promise to marry)
i. Article 1203 of FC same rule is restated in that agreement made in consideration of marriage,
other than a mutual promise to marry shall be enforceable by action be in writing (Statute of
Frauds)
ii. Writing is not necessary in an action for damages for breach of a contract to marry.

Section 1, Article XV, Constitution The state recognizes the Filipino family as the foundation of nation. Accordingly, it
shall strengthen its solidarity and actively promote its total development.

Section 2, Article XV, Constitution Marriage, is an inviolable social institution, is the foundation of the family and shall
be protected by the state.

Section 3, Article XV, Constitution The state shall defend:

(1) The right of spouses to found a family in accordance to their religious convictions and
demands of responsible parenthood
(2) The right of children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their
development.
(3) The right of the family to a family living wage and income; and
(4) The right of families or family associations to participate in the planning and implementation
of policies and programs that affect them

Section 4, Article XV, Constitution The family has the duty to care for its elderly members but the state may also do so
through just programs of social security.

Marriage and Unmarried Cohabitation Chapter 1

Definition of Marriage

Article II, Constitution protects the family Article XV, Constitution dispels any doubt that our laws privilege
families build on marriage
o It explains the disparate rights of spouses in contrast to persons cohabitating but not married there is
no overwhelming support for changing laws that will equalize rights of unmarried and married couples
destabilize the institution of marriage
 o Preference of marriage is used to rationalize rights of legitimate vis--vis illegitimate children
Constitutional right to equal protect of laws, right to be free from discrimination (Convention on the
Rights of the Child)
o However if there is no preference, then the message sent is: marriage does not matter.
States support for marriage family is stronger, children are better reared and less risk of family break down if
parents are married reinforces a secure and just society
First characteristic of marriage contract voluntarily entered into by consenting adults exercise of their right
to liberty
o Constitutional duty to protect the marriage inherent limits of police power public purpose + valid
means in regulating the family, what is the public interest at stake?
o If police power measure will impinge upon a constitutionally protect right requirement will be higher
public purpose is not enough, but compelling or substantial interest + custom tailored means use to
achieve the compelling government purpose
Constitution recognizes the sanctity of family rights and the States duty to protect marriage and strengthen the
family protection through laws, not minding every move they make not help them mature overtime.
o States support to family recognize family integrity and privacy

Requisites of Marriage

Classified as essential and formal (misleading because it seems that absence of one makes the marriage void)
o Essential inherent to the marriage and are considered personal to the parties. If there is a defect in this
requisite, the marriage is voidable and may be annulled
o Formal prescribed by law and are external to the parties contracting the marriage. Does not affect the
validity of the marriage and instead makes the party responsible for such irregularity civilly, criminally, and
administratively liable
o Article 2, FC Essential Requisites
capacity of contracting parties who must be male and female
Consent freely given in the presence of a solemnizing officer
o Article 3, FC Formal Requisites
Authority of solemnizing officer
Valid marriage license except in the cases for in Chapter 2 of this Title (Marriage Exempt from
Licensing Requirement)
Marriage ceremony before solemnizing officers vows in front of not less than 2 witnesses of
legal age
o Section 22, Article II, Constitution The state recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
o Section 17, Article XIV, Constitution The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their culture, tradition, and institutions. It shall
consider these rights in the formulation of national plans and policies.
o Sec 2(c), RA 8371 The state shall recognize, respect, and protect the rights of ICCs/IPs to preserve and
develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national
laws and policies.
o Sec 29, RA 8371 Protection of Indigenous Culture, Traditions, and Institutions The state shall respect,
recognize, and protect of the ICCs/IPs to preserve and protect their culture, traditions and, and institutions. It
shall consider these rights in the formulation of national laws and policies.
o Sec 32, RA 8371 Community Intellectual Rights ICCs/IPs have the right to practice and revitalize their
own cultural traditions and customs. The state shall preserve, protect, and develop the past, present and
future manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious
and spiritual property taken without their free and prior and informed consent or in violation of their laws,
traditions, and customs.
 o Article 16, Code of Muslim Personal Laws (Capacity to Contract Marriage) Male (15) + Female
(puberty, 15) * no impediment = ability to contract marriage
(2) The Shari a District Court may order to solemnize a wedding where 12 < female <15 upon petition of
wali (proper guardian in marriage)
(3) Marriage through a wali by a minor = betrothal and may be annulled by both parties upon petition
within 4 years after attaining puberty no voluntary cohabitation and wali > father and paternal
grandfather
o Article 17, Code of Muslim Personal Laws (Marriage Ceremony) no particular marriage ceremony
but ijab (offer) and gabul (acceptance) shall be declared publicly in the presence of the solemnizing officer
+ 2 competent witnesses be in writing singed by the parties, witnesses, and the solemnizing officer 1
copy to parties and 1 copy to circuit registrar
o Article 18, Code of Muslim Personal Laws (Authority to solemnize marriage)
(1) Wali of woman to be wedded
(2) Authority of proper wali, a person competent under Muslim law
(3) Judge of Shari a Distrcit or any person designated by judge should wali to refuse to solemnize the
ceremony

Requisites of Marriage

Essential Requisites Legal Capacity

Male and Female

Rule 103, Rules of Court (Change of Name)
o Venue Court of First Instance of the City of Juvenile and Domestic Relations Court in Manila
o Contents signed and verified by the person desiring to change his name (or another person on his
behalf)
Petitioner has been a bona fide (real) resident of the province for at least 3 years before such
filing
The cause of the change of name
The name asked for
o Order for Hearing if the petition = form + substance shall fix a date and place for the hearing and
direct that the order be published before the hearing at least one a week for three weeks in a newspaper
of general circulation
Not within 30 days prior to an election
Not within 4 months after the last publication notice
o Hearing free for all to oppose. Solicitor General for the government of the Philippines
o Judgement if the finds that it is proper and reasonable cause to change the name, it will adjudge that
such name be changed according to the petitioner
o Service of Judgement furnished by the civil registrar/ where the court resides
Rule 108, Rules of Court (Cancellation or Correction of Entries in the Civil Registry)
o Who may file any person may file a petition with the Court of First Instance where the civil registry is
located
o Entries subject to cancellation or correction births, marriages, deaths, legal separations, judgements,
annulments of marriage, judgements, legitimations changes of name
o Parties civil registrar + all persons who claim interest
o Notice and publication upon filing shall fix a date and place for the hearing and direct that the order
be published before the hearing at least one a week for three weeks in a newspaper of general circulation
o Opposition civil registrar or any person with interest within 15 days of notice of petition or from the last
date of publication of such notice file opposition
 o Expediting proceedings - grant preliminary injunction for the preservation of the rights of the parties
pending such proceedings.
o Order dismiss || grant petition certified copy of judgement served to civil registrar
Section 2-7, RA 9048 (Changing something in the civil register without the need of a judicial order)
o Explicitly says you cannot change your gender, age, status, nationality (sec 2)
o Change for names and nicknames may be done only once (sec 3)
o There are reasons for changing the nickname (sec 4)
o Instead of petition affidavit with supporting documents and they must not have any criminal record
(sec 5)
In case of change of name petition
o City of municipal civil registrar or consul general shall examine the petition and its supporting documents
and post it in a conspicuous place for 10 days after he finds the petition and its supporting documents
sufficient in form not render decision 5 days after posting of requirement transmit a copy to the
Office of the Civil Registrar within 5 days from decision (sec 6)
o Civil Registrar, within 10 days, can impugn such decision: (sec 7) petitioner may seek
reconsideration or file an appropriate petition to the proper court fails to exercise his power, the
judgement is final
Error not typographical
Controversial correction as it affects the civil status
Basis for changing the name does not fall under sec (4)
1. Marriage and Unmarried Cohabitation (Legal Capacity) Why Male or Female (Jones v Hallahan)
a. Article 2, FC the parties for marriage must be male and female procreation
b. Article 1, FC marriage is entered for establishment of conjugal and family right goal expands the
purpose of procreation husband + wife != children (all the time)
c. Opposition to same sex marriage is grounded on religious concerns and the apprehension that
homosexuals cannot provide children a stable family life Massachusetts Supreme Court rules that the
prohibition against same sex marriage violates the Massachusetts Constitution (Goldrige v Department of
Public Health)
i. Rationale: only unions of heterosexuals can provide the optimal setting for child rearing or a
favorable setting for procreation overlooks how complicated realms of personal + autonomy +
marriage + child rearing narrow focus is inappropriate
ii. Constitution promotes equality of individuals principles of respect for individual autonomy and
equality
d. Several states + other countries legalized same sex marriage unconstitutional for violating the equal
protection clause and denying basic civil liberties without due process
e. Other states gave legal recognition to civil unions of same-sex couples, giving them the same benefits of
marriage (compromise) unsatisfactory because marriage is a recognition that there is a need for a stable
and committed family + denial of established and official term given to that relationship (marriage)
i. Deprives them with their right to live with pride in themselves and their union and in a status of
equality with all married persons
f. Issue = historical understanding of marriage + evolving understanding of equality

Jones v Hallahan

Facts

1. The appellants were both female and were refused by the Jefferson Circuit Court to issue them a marriage license
to marry each other deprivation of 3 basic constitutional rights: right to marry, association, and free exercise of
religion.
Issues/Ratio

1. Are they allowed to get married?

a. Kentucky statutes relating to marriage do not include a definition of marriage, and therefore defined
according to common usage Websters dictionary = A state of being married, or being united to a
person or persons of the opposite sex as husband or wife; also, the mutual relation of husband and wife;
wedlock; abstractly, the institution whereby men and women are joined in a special kind of social and legal
dependence, for the purpose of founding and maintaining a family.
b. Century Dictionary - "The legal union of a man with a woman for life; the state or condition of being
married; the legal relation of spouses to each other; wedlock; the formal declaration or contract by which a
man and a woman join in wedlock."
c. Blacks Law Dictionary - "The civil status, condition or relation of one man and one woman united in law for
life, for the discharge to each other and the community of the duties legally incumbent upon those whose
association is founded on the distinction of sex."
d. The Kentucky state do not specifically prohibit marriage of people of the same sex, nor do they authorize
the issuance of marriage license to such persons
e. Marriage was a custom before issuance of licenses kept by the church man + woman no
authority to the contrary
f. It appears to us that appellants are prevented from marrying, not by the statutes of Kentucky or the
refusal of the County Court Clerk of Jefferson County to issue them a license, but rather by their own
incapability of entering into a marriage as that term is defined.
2. And if so, would the marriage be valid?
a. A license to enter a status or relationship which the parties are incapable of doing nullity even with
marriage license, it would still not constitute to a marriage
b. No constitutional issue was involved because there was no constitutional sanction or protection of the
right of marriage between persons of the same sex
c. The claim to religious freedom cannot be extended to make professed doctrines superior to the law of the
land make the citizen a law himself

Ruling

In substance, the relationship proposed by the appellants does not authorize the issuance of a marriage license because
what they propose is not a marriage.

Obergefell v Hodges

Facts

1. These are cases that come from States that still define marriage as a union between a man and a woman only. The
petitioners claim that they violated the 14th amendment by denying them the right to marry which was lawfully
performed in another state.
2. Historically, marriage was always between a man and a woman vs. the enduring importance of marriage
3. The petitioners seek marriage for themselves because of their respect and need for its privileges and
responsibilities
4. Obergefells husband, Arthur, died 3 months after their marriage. Ohio law does not permit Obergefell to be listed
as the surviving spouse on Arthurs death certificate hurtful for the rest of time strangers even in death
5. DeBoer and Jayne Rowse adopted 3 children. Michigan permits only opposite-sex married couples or single
individuals to adopt. If an emergency were to arise, schools and hospitals may treat the children as if they had
only one parent what would happen if something happened to one of them? They will have no legal rights to
the children.
6. DeKoe and Kostura were married in New York before he left for Afghanistan and then lived in Tennessee.
Tennessee does not acknowledge same sex marriage.
 7. Marriage evolves over time: contract voluntary male dominated to equal sexes = strengthened and not
weakened marriage
8. Mid-20th century homosexuality was immoral, 20th century homosexuality was a disease, late 20th century
more tolerance for homosexuality arose the question on same sex marriage different reactions from the
state incrase in the appeals about same sex marriage
9. 14th amendment protects the fundamental liberties in the Bill of Rights + personal choices central to individual
dignity and autonomy did not presume to know the extent of freedom in all of its dimensions, so they
entrusted the future generation a character protecting the right of all persons to enjoy liberty as we learn its
meaning
10. The court has long held that the right to marry is protected by the constitution (sometimes under the due process
clause) and analysis of precedents compel the conclusion that same sex couples may exercise the right to marry.
11. 4 principles and traditions that demonstrate the reasons marriage is fundamental under the Constitution apply
with equal force to same sex couples
a.Courts relevant precedents is that the right to personal choice regarding marriage is inherent in the concept
of individual autonomy among the most intimate decisions an individual can make we respect
choices in family life, but not the choice who youre going to start a family with the right to marry is
fundamental
b. The right to marry is fundamental because it supports a two-person union unlike any other in its
importance to the committed individuals dignifies couples who wish to define themselves by their
commitment to each other
c. It safeguards children and families and thus draws meaning from related rights of childrearing, procreation,
and education hundreds of thousands of children are presently being raised by same sex couples
provides a powerful confirmation from the law itself that gays and lesbians can create loving, supportive,
families the ability to procreate is not and has not been a prerequisite for a valid marriage stable
family
d. Marriage is the keystone of our social order marriage is the foundation of the family and society,
without which there would neither be civilization or progress basis of a lot of current laws and rights
no difference between same se and opposite sex couples with respect to this principle right to free
association is also applicable to marriage
12. The limitation to marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency
with the central meaning of the fundamental right to marry is now manifest
13. Washington v Glucksberg careful description of fundamental right exercise the right to marry but rather a new
and non-existent right to same sex marriage inconsistent with the approach this Court has used in discussing
fundamental rights
14. The right to marry is fundamental as a matter of history and tradition but these are not the only sources of
rights from a better informed understanding of how constitutional imperatives define a liberty that remains
urgent in our own era
15. The right to same sex marriage part of the promise of the 14th amendment = equal protection + due process
16. The court was told to wait for legislative action The dynamic of our constitutional system is that individuals
need not await legislative action before asserting a fundamental right does not automatically make it legal,
they still have to amend their laws and they can no longer ban same sex marriage and refuse to recognize a valid
marriage between the same sex (Ph SC vs Federal SC)
17. State laws legislate family laws, the SC does not have the legislative power to exercise and implement the ruling

Issues/Ratio

1. Whether the Fourteenth Amendment requires a State to license a marriage between two people of the same sex.
2. Whether the Fourteenth Amendment requires a State to recognize a same- sex marriage licensed and performed
in a State which does grant that right.

Ruling
The Court now holds that same-sex couples may exercise the fundamental right to marry

Selverio v Republic

Facts

1. The petitioner filed a petition for the change of his first name and sex in his birth certificate in Manila RTC
2. He alleged that he is a male transsexual and underwent a sex reassignment surgery in Bangkok, Thailand. He has
lived as a female and was engaged to be married.
3. RTC rendered a petition in favor of petitioner.
4. The Republic of the Philippines, through the OSG, filed a petition for certiorari in the CA no law allowing hange
of entries in the birth certificate by reason of sex alteration
5. CA rendered a decision in favor of the Republic RTC lacked legal basis
6. Petitioner claims that the change of his name and sex in his birth certificate is allowed under Articles 407 to 413
of the Civil Code, Rules 103 and 108 of the Rules of Court and RA 9048

Issues/Ratio

1. Can a persons first name be changed on the ground of sex reassignment?

a. No.
b. A change of name is a privilege, not a right, and it is controlled by statutes.
c. RA 9048 now governs the change in first name exclude the first name change from the coverage of
Rules 10 and 108 of the Rules of court.
d. A change in sex does not alter ones legal capacity or civil status RA 9048 does not sanction changing
a name on the ground of sex reassignment and his first name does not prejudice him at all
e. Filed in the wrong venue Civil Registrar of Manila RA 9048 > Rule 103 and 108
2. Can a person change his sex on the ground of sex reassignment
a. Article 376 and 412 of the Civil Code was amended by RA 9048 in so far as clerical or typographical
errors are involved
b. RA 9048 defines clerical or typographical error mistake committed in the performance of clerical work
blabalabal must no involve change of nationalily, age, status, or SEX of the petitioner not a mere
clerical or typographical error
c. TO correct to make or set right, remove from error while Change to replace something with
something else
d. The birth certificate contained no error no correction is necessary
e. Sex reassignment is not among the acts mentioned in Article 407
f. A persons sex is an essential factor in marriage and family relation part of legal capacity and civil status
Art 413 says that registration of civil status shall be governed by special laws NO SPECIAL LAW
governing sex reassignment
g. Moreover, Sec 5 of Act 3753 (Civil Register Law) a birth certificate is a historical record of the facts as
they existed at the time of birth sex of a person is determined by birth no law legally recognizing sex
reassignment, determination of sex is made at birth
h. Common meaning of sex sum of peculiarities of structure and function that distinguish a male from a
female
3. Can a person change entries in the Birth certificate (first name and last name) on the ground of equity
a. Changes sought by the petitioner will have serious and wide-ranging legal and public policy
consequences marriage to his male fiance but the law says that marriage is between a man and a
woman reconfigure the laws of marriage and family relations
b. There are laws specifically made for women and they could be affected it the petition was granted
 c. Article 9 not court shall decline to render judgement not a license for courts to engage in judicial
legislation apply and interpret the law, not to make or amend it legislative
d. The court cannot enact a law where no law exists.

Ruling

The petition is denied because the remedy that the petition seeks involve questions of public policy to be addressed by
legislature, not by the courts.

Republic v Cagandahan

Facts

1. Jennifer Cagandahan filed a petition for Correction of Entries in Birth Certificate before RTC Laguna.
2. She was a registered female but was diagnosed to have Congenial Adrenal Hyperplasia person = male +
female.
3. She was diagnosed to have clitoral hyperthropy where she discovered she had small ovaries.
4. She alleged that she has become a male person and that her sex be changed to Male and name be changed to
Jeff her petition was granted
5. The petition by the OSG seeked a reversal of the ruling

Issues/Ratio

1. Whether the trial court erred in ordering the correction of entries in the birth certificate of respondent to change
her sex on the ground of the her medical condition and her name under Rules 103 and 108 of the Rules of Court?
a. Petitioners:
i. OSG contends that the petition did not comply with Rules 103 and 108 of Rules of Court the
petition before the court a quo did not implead the local civil registrar
ii. Petition failed because it failed to recognize the respondent as a resident of the province were the
petition was files for at least 3 years
iii. Rule 108 does not allow for sex change and that CAH does not make her male
b. Respondents:
i. The Local Civil Registrar was furnished a copy of the petition
ii. Respondent is male hence his birth certificate has to be corrected to reflect his true sex
iii. Change of sex is allowed in Rule 108
iv. And he complied with all the requirements of Rule 103 and 108
c. Article 412 and Article 376 of Civil Code was amended by RA 9048 in so much as typographical errors
are involved. And rule 108 only applies to substantial changes
d. The court calls for recognition of various degrees of intersex as variations which should not be subject to
outright denial. Philippines currently compels a person to be male or female Court has no control by
mere appearance when nature itself fundamentally negates the rigid classification change of birth
certificate
e. Peron is biologically intersex gender classification would be what the individual (majority) decides what
his sex is let nature take its course (did not interfere, like taking medications)
f. In absence of a law on the matter, the court will not dictate a respondent concerning a matter so private
(sexuality + to go on sexual procedures to change a persons sex) right to pursue happiness and health
g. Court gives respect to
i. Diversity of nature
ii. And how individual deals with what nature handed out

Ruling

Change of name and sex in the birth certificate is affirmed.

Littleton v Prange

Facts

1. Christie is a transsexual born male but considers herself female and took male hormones. She underwent sex
reassignment surgery and change her name has the capacity to function as female and she is medically a
woman
2. Dr Green and Dr Mohl testified that the definition of a transsexual is someone whose physical anatomy does not
correspond to their sense of gender and Christie was diagnosed with gender dysphoria
3. Christie got married to Jonathan Littleton. He died and Dr. Prnage refused to acknowledge Christie as the spouse
of Jonathan and produced Christies original birth certificate he is male and therefore not the spouse of
Jonathan Littleton

Issues/Ratio

1. Can there be a valid marriage between a man and a person born as man but surgically altered to have the
physicial characteristics of a woman
a. Underlying statutory law is simply enough does not permit marriage of the same sex
b. Is Christie a man or woman?
i. Corbett v Corbett (English Case) male since birth and the court rejected the contention that
individuals could assign their own sex by their own volition
c. Christie was created and born male. She was able to change her records because it was inaccurate but the
court holds that inaccurate was of the time the certificate was recorded (not the present time) and at
that time Christie was born male therefore the amended birth certificate is not binding in this court
d. The Court rules that:
(1) Medical science recognizes that there are individuals whose sexual self-identity is in conflict with their
biological and anatomical sex. Such people are termed transsexuals.
(2) A transsexual is not a homosexual in the traditional sense of the word, in that transsexuals believe and
feel they are members of the opposite sex. Nor is a transsexual a transvestite. Transsexuals do not believe
they are dressing in the opposite sex's clothes. They believe they are dressing in their own sex's clothes.
(3) Christie Littleton is a transsexual.
(4) Through surgery and hormones, a transsexual male can be made to look like a woman, including
female genitalia and breasts. Transsexual medical treatment, however, does not create the internal sexual
organs of a women (except for the vaginal canal). There is no womb, cervix or ovaries in the post-
operative transsexual female.
(5) The male chromosomes do not change with either hormonal treatment or sex reassignment surgery.
Biologically a post-operative female transsexual is still a male.
(6) The evidence fully supports that Christie Littleton, born male, wants and believes herself to be a
woman. She has made every conceivable effort to make herself a female, including a surgery that would
make most males pale and perspire to contemplate.
(7) Some physicians would consider Christie a female; other physicians would consider her still a male. Her
female anatomy, however, is all man-made. The body that Christie inhabits is a male body in all aspects
other than what the physicians have supplied.

Ruling

Christie Littleton is a male. As a male, Christie cannot be married to another male. Her marriage to Jonathon was invalid,
and she cannot bring a cause of action as his surviving spouse

Minimum Age of Marriage

Eigenmann v Guerra Commented [FT1]: Marriage on the basis of fraudulent
representations gets a marriage license
Facts
The doctrine of equitable estoppel not applied because
Issue/Ratio the marriage will be deemed void (active misrepresentation)
minority has incapacity to act
Ruling
Is the minor allowed to retract in contract (not marriage)
yes, not when in a marriage license

Marriage is a special contract, majority age 18, without

Essential Requisites Consent Freely Given which the marriage (contract) is void

Article 4, FC The absence of any of the essential or formal requisites shall render the marriage void ab inito, except as Consent of the marriage from the parents of the minor
stated in Article 35(a). no because it is an essential requisite! Legal capacity is
required of the spouses
A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.
Commented [FT2]: Defect
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.

1. Essential Requisites legal capacity of the contracting parties (male and female) + consent freely given in the
presence of a solemnizing officer (Art 2, FC)
If it is absent from the beginning it makes the marriage non-existent or void from the beginning
But if there is consent (but not knowingly, freely, or misled) considered as a defect in the essential
requisite of consent marriage is not void ab inito, only voidable or annullable
2. Formal Requisites authority of solemnizing officer + valid marriage license (except in cases in Chapter 2 of this
Title) + marriage ceremony which takes place with the performance of the contracting parties before the
solemnizing officer and their personal declaration that they take each other husband and wife in the presence of
not less than two witnesses of legal age.
Absence of these has the same effect as essential requisites
If the solemnizing officer has no authority, but the couple (or one of them) believed in good faith that he
had authority the marriage is valid Commented [FT3]: Is there consent freely given? No,
because you were deceived
A defect or irregularity in any formal requirement has no effect on the marriage (essential requisites must
be present), but the party at fault may be prosecuted Is it congruent with the Article 4? No, because there is no
consent freely given but in this provision, it is only
Article 45(3), FC A marriage may be annulled for any of the following causes, existing at the time of the marriage: annullable or voidable

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full Why is it considered as a defect, not absent? Why is it only
knowledge of the facts constituting the fraud, freely cohabitated with the other as husband and wife voidable, not void? Not a product of logic, because of the
preference given by law to marriage (protection of
1. Marriage through Fraud it is important to the state and family, so care and diligence must be exercised by the
marriage). The law would like to give the couple an
parties to ascertain that facts which are the basis of and form the incentive to the mutual undertaking. Contract of opportunity to figure out if they can live together.
marriage > other contracts (avoid, because of fraud)
Preference to protect marriage.
Basis for fraud: Art 46, FC restrictive non-disclosure of previous conviction (crime involving moral
turpitude), woman is pregnant by another man, STDs, drug addiction || habitual alcoholism || lesbianism, Commented [FT4]: Santiagos consent was absent only
intent to avoid criminal liability
homosexuality
The code modifies the general rule that any serious fraud referring to a fact material to the marital Felicitas coerced to giving her consent would only make
relation is sufficient ground for annulment the marriage voidable (not void)

Two people who are drunk? Voidable because there was

consent
People v Santiago
Marriage in jest? There was no bona fide intent to get
Facts married, it was void ab initio.

1. Felipe Santiago raped his niece, Felicita Masilang (18). He then brought in a protestant minister who went through Intent to get married but anyway they think that it will lapse
if they do not consummate it (with all the valid
the ceremony of marrying them. After this, he gave the girl a few pesos and sent her home. requirements) the marriage is still valid
 2. The RTC charged him with rape. The appellant petitioned.

Issue/Ratio

1. Whether or not the marriage was binding

The offense of rape had been committed, the marriage ceremony was a mere ruse for which the appellant
hoped to escape from the criminal consequences of his action.
The manner he dealt with the girl after marriage shows that he had no intention of making her his wife
It cannot be considered binding on the girl because of the force lack of essential consent from the girl

Ruling

Appellant was found guilty and the marriage was not binding.

Breach of Promise to Marry Commented [FT5]: Presumed that the reason why people
get married out of love
Article 19, NCC Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give
Why is not actionable? (Without Art 19-21) reason of
everyone his due, and observe honest and good faith
marriage is love (no love, there should be no marriage),
marriage should be voluntary
1. Abandonment of Old Rule he who uses a right injures no one. no one can be held liable for the damage to
another by the exercise of this right If breach of promise to marry would be actionable, the
Modern theory grant indemnity (protection) for damages in cases where there is in abuse of rights. If marriage would be anything but voluntary forced to
marry the other person, if not there will be suits
fault or negligence makes him liable, more so for abuse or bad faith (protected only when in good faith
-Marriage will also be stable, and it will not serve its
and prudence) function as a social institution
2. Reason it is not permissible to abuse our rights to the prejudice of others (it cannot be said that a person
exercises a right when he unnecessarily prejudices another or offends morals or customs Breach of promise to marry only actionable under in these
articles
3. Test of Abuse of Right every abnormal exercise of a right, contrary to its socio-economic purpose, is an abuse -Whenever you change your mind, it will be found to be
that will give rise to liability actionable
Good faith absence of good faith is essential to abuse of right -Much of it has to do with how it is done
-Show courtesy and respect to the other feelings
Relation to Art 21 they are complementary
Pre contractual abuse the refusal to contract may constitute an abuse of right
Abuse in contractual relations German courts held that before the expiration of the statutory period of
limitation the exercise of a right may be violative of principles of good faith and hence, improper
o Revocation of Agency
o Promise to marry promise to marry has no obligatory force; its breach cannot give rise to
liability for damages causes moral and material injury
4. Use of Right when a person merely uses a right pertaining to him, without bad faith or intent to injure, the fact
that damages are thereby suffered by another will not make the former liable
Absolute rights rights that cannot be the basis of liability (right to not give consent to marriage)
Justice by own hands generally, people are not allowed to take justice in their own hands. Exceptions
right to punish children, right to cut off the roots of the tree
5. Legal Sanction provisions of this code have been criticized by having the nature of advice, improper in any law.
Courts can always apply the principle of abuse of rights and find their legal provisions in Art 20.

Article 20, NCC Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the
latter for the same

1. Scope gives sanction for all other provisions of the law which do not provide their own sanction. It is broad
enough to cover all legal wrongs which do not constitute violations of contract
Moral Negligence a person is required to act with prudence towards another, but not with charity. A
person who fails to render assistance to a drowning person cannot be held liable for damages. (RPC????)
Article 21, NCC Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good
customs, or public policy shall compensate the latter for damages

1. Scope liability may arise from acts that are legal and not prohibited, if they are contrary to morals, good
customs, or public policy. It is based on the principle in Art 19.
Effect on Law of Wrongs the scope of our laws on civil wrongs has been greatly broadened. It is now
difficult to conceive of any malevolent exercise of a right which could not be checked by the application
of these articles.
2. Loss or Injury injury may refer to any determinate right or property, and so long as there is contravention of
morals or public policy, it is immaterial whether the injury has been caused by an act or omission.
Willfully caused the act is within the article if it is only done willfully + knowledge of injurious effect (it
hasnt have to be directed to someone or for the purpose of the injury)
3. Exception to the Rule the actor is not liable if the damages are produced as a consequence of the inexcusable
fault of the victim.
4. Principle of Unjust Enrichment no person should unjustly enrich himself at the express of another. Explicitly
stated in Art 22.

Article 2176, NCC Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay
for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a
quasi-delict and is governed by the provisions of this Chapter.

1. Quasi delict French legal term used in some civil law jurisdictions. It refers to a negligent act or omission which
causes harm or damage to the person or property of another, and thus exposes the person to civil liability as if the
act or omission was intentional. The law creates a liability though the defendant may not in fact be to blame.
A wrong which occurs unintentionally as a result of something like negligence, where true delict requires
intentional action. Murder delict, manslaughter quasi delict

Wassmer v Velez

Facts

1. Velez and Wassmer were supposed to get married on September 4, 1954. But on September 2, 1954, Velez left a
note for his bride-to-be that said that he had to postpone the wedding because his mother opposes it.
2. On the next day, he sent her a telegram saying that nothing has changed, and that he was returning very soon.
Thereafter, Velez did not appear again.
3. Wassmer sued Velez, and the court ordered Velez to pay Wassmer P25k for moral and exemplary damages, P2.5k
for attorneys fee, and the costs.
4. The defendant then filed a petition from relief from orders, but the Plaintiff moved to strike it. The court gave the
defendant two chances for amicable settlement, but the defendant refused to show up.
5. The court then issued an order denying the defendants petition. Defendant appealed to SC, asserting that
judgement is contrary to law, because there is no provision in the Civil Code authorizing an action for breach of
promise to marry.

Issue/Ratio

1. Whether the judgement placed on the defendant because of breach of promise to marry will stand
Defendant claims that mere breach of a promise to marry is not an actionable wrong.
Court stresses that just because it is not contrary to law, it is limitless because of Art 21 any person Commented [FT6]: The manner in which it was done
who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or makes it liable to Art 21
-Period
public policy shall compensate the latter for the damage
-Telegram
Record: they applied for license to contract marriage, invitations were printed and distributed, apparels
were purchased, the matrimonial bed with accessories, bridal showers and gifts defendant suddenly Moral damages because of the spending of money
leaves and never returns
 Not a mere breach of promise to marry this is not actionable. But the action stated above, is not. This
is answerable to the damages in accordance with Art 21, this is against good customs
Defendant asserts that the award of moral and exemplary damages were excessive and should be
eliminated. As per Art 2219 (10), NCC moral damages are recoverable as mentioned in Art 21. He
contends that under Art 2232, NCC the defendant acted in a wanton, reckless, and oppressive manner
(no fraudulent and malevolent)
Court believes that 15k is a reasonable amount for the moral and exemplary damages.

Ruling

The court modified the lower courts judgement and affirmed, with costs.

Tanjanco v CA (and Arceli Santos)

Facts

1. Tanjaco, the defendant-appellant wooed Arceli Santos (both of adult age), saying that he was madly in love with
her and he promised to marry her. When he finally succeeded to have sex with her. Then it became regular.
Afterwards, Santos conceived a child.
2. Due to her pregnant condition, and to avoid social humiliation, she resigned from her job. She was then unable to
support herself and her baby. The defendant also refused to marry her.
3. Santos claims that she suffered mental anguish, a damage to her reputation, wounded feelings, moral shock and
social humiliation.
4. Santos prayed for a decree to compel Tanjanco to support her and her baby, plus P100k moral and exemplary
damages and P10k attorneys fee.
5. Tanjanco filed a motion to dismiss the petition, and the court of first instance dismissed the complaint for failure
to state a cause of action.
6. Santos appealed in CA. CA stated that it has a cause of action for damages premised in Art 21, CC. CA ordered
the court of first instance to set aside the dismissal and proceed with the case.
7. Tanjaco then appealed to SC, stating that actions for breach of a promise to marry are not permissible in this
court.

Issue/Ratio

1. Whether Tanjaco is liable for breach of promise to marry Commented [FT7]: Reason why she continuously had
SC believes that CA based its judgement on the debates of the Civil Code Commission about Art 21, CC sexual relationship is not because he promised that he
would marry her but it went on over a year, court
(girl seduced and becomes pregnant but under Art 21, she has a right of action)
believes that it was not only based on their sexual
CA seems to overlook the example that the minor has been seduced. Seduction is more than sexual relationship but mutual passion, love
intercourse or a breach of promise to marry connotes the idea of deceit, enticement, super power, or
If it were breach, then you wouldve compelled him to get
abuse of confidence on the part of the seducer to which the woman has yielded
him to marry her
Buenaventura case if she consents from carnal lust and the intercourse is from mutual desire no
seduction.
American jurisprudence proof of intercourse is not sufficient to warrant a recover. It is not seduction
where the willingness arises out of sexual desire or curiosity of the female
Based on these principles, the court examines the complaint and deduces that the woman maintained
intimate sexual relations with appellant with repeated acts of intercourse incompatible with the idea of
seduction voluntariness + mutual action
If it had been seduction, she would not have yielded to him for more than a year

Ruling

Decision of CA is reverse and decision of Court of First Instance is affirmed.

De Jesus v Syquia

Facts

1. Antonia Loanco, a likely unmarried girl 20 years of age was a cashier in a barber shop owned by the defendants
brother in law Vicente Mendoza. Cesar Syquia, the defendant, 23 years of age and an unmarried scion of a
prominent family in Manila was accustomed to have his haircut in the said barber shop. He got acquainted with
Antonio and had an amorous relationship. As a consequence, Antonia got pregnant and a baby boy was born on
June 17, 1931.
2. In the early months of Antonias pregnancy, defendant was a constant visitor. On February 1931, he even wrote a
letter to a rev father confirming that the child is his and he wanted his name to be given to the child. Though he
was out of the country, he continuously wrote letters to Antonia reminding her to eat on time for her and
juniors sake. The defendant ask his friend Dr. Talavera to attend at the birth and hospital arrangements at St.
Joseph Hospital in Manila.
3. After giving birth, Syquia brought Antonia and his child at a House in Camarines Street Manila where they lived
together for about a year. When Antonia showed signs of second pregnancy, defendant suddenly departed and
he was married with another woman at this time.
4. It should be noted that during the christening of the child, the defendant who was in charge of the arrangement
of the ceremony caused the name Ismael Loanco to be given instead of Cesar Syquia Jr. that was first planned.
5. Antonio filed a complaint in the Court of First Instance of Manila, to recover P30k for damages from breach of a
marriage promise, and to compel the defendant to recognize Ismael and Pacita as his natural children, and to pay
for maintenance of the three amounting to P500/month.
6. The Trial Court issued a decree requiring the defendant to recognize Ismael as his natural child and pay
maintenance for him at the rate of P50/month.
7. Both sides appealed to this court.

Issue/Ratio

1. Whether the defendant should recognize Ismael as his natural child

Court finds to error in the decision of the Court of First Instance because with the note to the padre and
his letters to Antonia proves an acknowledgment of paternity, within the meaning of 135(1), CC.
There is no requirement that the writings should be addressed to anyone. It is merely required that the
writing shall be indubitable.
It is a universal rule of jurisprudence that a child, upon being conceived, becomes a bearer of legal rights
and capable of being dealt with as a living person. The fact that it is yet unborn is no impediment to the
acquisition of rights.
It is undeniable that at his birth the defendant supplied a home for it and the mother and this continued
for a year, when Antonia was again pregnant the law fixes no period which a child must be in the
continuous possession of the status of a natural child and it is immaterial that he left them the word
continuous in 135(2), CC does not mean forever, but that it shall not be an intermittent character while it
continues.
2. Whether the plaintiff can sue for breach of promise to marry
The promise to marry was not satisfactorily proved, and it has no standing in civil law only the right to
recover property or money advanced by the plaintiff on such promise (she gave because she had faith in
their promise)
There is no proof that requires the defendant to acknowledge the second baby.

Ruling

The judgement of the Court of First Instance is affirmed.

Piccininni v Hajus

Facts

1. The plaintiff filed a complaint against the defendant for fraudulent representations to the effect the she would
marry him, and that they would occupy her house when they got married. The plaintiff was induced to spend
approximately $40k for renovating and furnishing the house.
2. The defendant then claims that it case was not for fraud, but for breach of promise to marry, and it is outlawed.
The trial court granted the motion to strike the petition because of the Heart Balm Act No action shall be
bough upon any cause arising from alienation of affections or from breach of a promise to marry.

Issue/Ratio

1. Whether the act was a breach of promise to marry or fraudulent representation

Court cites Mac v White, there the plaintiff already transferred property to the defendant upon his
promise to marry her, but when he didnt, and the plaintiff sought the return of the money. The Court
pointed out that it was not a breach of promise to marry but an action for obtaining money upon
fraudulent presentations, therefore was no covered by the Heart Balm Act.
The Heart Balm Act was intended to save the defendants from injustices from the plaintiff because of
breach of promise to marry bar actions for damages suffered from loss of marriage, humiliation, and
other direct consequences of the breach, that do not affect the rights and duties determinable by
common law principles
Court believes that the act was designed to do away with excessive claims for damages, and fraudulent in
character prevent recovery of damages based upon confused feelings, sentimental bruises,
expenditures made in anticipation of the wedding, deprivation to marry, wounded pride, mental anguish,
social humiliation etc.
The plaintiff, however, is not asking for damages because of a broken heart, but asking for the return of
things he gave the defendant in reliance upon the defendants fraudulent representations.
The act does not preclude action for compensation of specific property or money transferred in belief on
fraudulent representations (apart from any promise to marry).
The plaintiff transferred the money on reliance upon the fraudulent representations of the defendant that
she would marry him, and that they would use the money for their mutual benefit and enjoyment nto
asserting that she hurt him, but that she wronged him in fraudulently inducing him to transfer proptery to
her.

Ruling

The judgement is set aside and the case remanded with direction to overrule the motion to strike.

Formal Requisites Laws

Article 26, FC All marriages solemnized outside the Philippines in accordance with the laws in force in the country where
they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Art 35(1),
(4), (5), and (6), 36, 37, and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry
under the Philippine law (amended by EO 227)

1. Validity of Foreign Marriages a marriage valid where it was celebrated is valid everywhere. It will be recognized
in a state even where such marriages are not allowed.
Proof of foreign marriage provisions of the foreign law + celebration of the marriage in accordance with
those provisions
 Exceptions to Rule marriage deemed contrary to the law of nature and good morals as generally
recognized in Christian countries (polygamous and incestuous) + marriages which the local law-making
power has declared shall not be allowed any validity (prohibited by statutes as affecting good morals or
order)
o Foreign marriages under Art 35(mentioned above), 36 (psychological incapacitation),
37(incestuous marriages), 38(sort of incestuous marriages, step mother, step sister, step children)
not recognized as valid in the PH even if valid where they were solemnized
o Both foreigners and questioned in the courts of PH, the judgement must only apply within our
territory.
When contracted by Filipinos even if foreign marriages, must be done in relation to Art 15 and Art 17,
NCC. Our laws on legal capacities are binding upon Filipinos wherever they may go.
o American jurisprudence forms of entering in to marriage: regulated by the law where it is
celebrated, essentials of marriage: depend upon the law of the domicile of the parties
2. Capacity to Remarry After Foreign Divorce not recognized under the PH law because there is no law in the PH
recognizing divorce (Art 15, NCC) all questions relating to marriage and divorce or legal separation and family
relations are governed by our laws when Filipinos are involved subsequent marriage? Considered void, because
first marriage is considered binding
When marriage is mixed if the foreigner obtains valid foreign divorce, Filipino may remarry. But the
other way around divorce is not recognized under PH law.
o Plain of inequality law does not allow Filipino to seek a foreign divorce, hence if he obtains one,
it is not recognized in the PH. He is subject to the PH law, wherever he goes.

Article 17, NCC The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of
the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a
foreign country, the solemnities established by Philippine laws shall be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy
and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.

Formal Requisites Authority of Solemnizing Officer

Article 4, FC The absence of any of the essential or formal requisites shall render the marriage void ab inito, except as
stated in Article 35(a).

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. (Explanation above)

Article 7, FC Marriage may be solemnized by:

(a) Any incumbent member of the judiciary within the courts jurisdiction; Commented [FT8]: Nationwide: Supreme Court, Court of
(b) Any priest, rabbi, imam, or minister of any church, or religious sect duly authorized Tax Appeals, Sandiganbayan, Court of Appeals
by his church or religious sect and registered with the civil registrar general, acting
Local: Regional Trial Courts
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
officers church or religious sect;
(c) Any ship captain or airplane chief only in the cases mentioned in Art 31;
(d) Any military commander of a unit to which a chaplain is assigned, in the absence
of the latter, during military operation, likewise only in the cases mentioned in Art
32;
 (e) Any consul-general, consul, or vice-consul in the case provided in Art 10
1. Priest or Minister priest one especially consecrated to the service of a divinity and considered as medium
between the people and the god. Minister means all clergymen of every denomination and faith
Requisites for authority - registered in the office of the Civil Registrar (not local registrar) + written
authority to solemnize marriage given by his church or religious sect + act within the limits of such
authority + both or one of the parties must belong to his sect or church
Intended to prevent parties who are in a hurry to get married from approaching those alleged ministers
who make a business out of solemnizing marriages the state may control who solemnizes the marriage
because marriage is an institution, law wants to ensure that not just anyone may solemnize a marriage
Absence of first and second requisite renders the marriage void there is no authority
Absence of third and fourth requisite is considered as an irregularity limitations are not usually known
to the public
Requirement that one of them is from that sect so that one can ascertain the authority of the clergy
official guidance on spiritual and civil responsibilities
o If the couple is not of that faith solemnizing officer authority is not affected
2. Ship captains, airplane chiefs, military commanders arituclo mortis or at the point of death
Airplane chief, but Art 31 refers to Airplane pilot (who may not be the chief) it is the head of the crew
who has command of the airplane who must be deemed to have been given by law the authority to
solemnize marriages
Ship captains or airplane chiefs can marry the crew and passengers
Military commanders can marry military people or civilians
3. Consuls-general, Consuls, Vice-consuls the ambassador (relations of PH and country), even if he is the head of
the diplomatic mission, has no authority. Consuls take care of matters affecting Filipinos in the area of their
responsibility (that country)
4. Removed the authority of mayors to solemnize marriages because of their desire to please their constituents,
commit violations of the law on marriage revived by Sec 444, 445, Local Government Code.

Article 10, FC Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul, or vice-consul of
the Republic of the Philippines. 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.

1. Marriage of Filipinos Abroad license issued by the consular official, they do not need to be permanent residents
or immigrants. PH laws are applicable to marriage of Filipinos abroad under this article comply with the
requisites provided by the Family Code.
He may not solemnize a marriage outside the embassy or consular premises it is the laws of the
country that will govern.
Consuls on home assignments in the PH cannot solemnize marriage

Article 31, FC 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 is in flight, but also during stopovers at ports of
call.

Article 32, FC A military commander of a unit, who is a commissioned officers, shall likewise have authority to solemnize
marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or
civilians.

1. Since time is of the essence in articulo mortis, it does not make much sense to authorize the military commander
of a unit to solemnize a marriage only in the absence of the chaplain assigned to the unit

Article 35(2), FC The following marriages shall be void from the beginning 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;
 1. Under the Civil Code authorization of the solemnizing officer was an essential requisite to the validity of the
marriage no authority, marriage invalid
2. Previous Marriage Law marriage still valid if the parties believed in good faith that the solemnizing officer had
authority
3. Civil Code removes this exemption and was defended by the members of the Code Commission illogical to
require a marriage license for authority to solemnize a wedding but at the same time you can solemnize a
wedding without it, good faith cannot bestow authority to the person
4. Family Code disagrees better to hold such marriages as valid than to consider it void because there is no
intention to defeat the purpose of the law, void: bastardize of the children
5. Family Code restores the old Marriage Law (Act 3613) by Art 35(2)
6. Would the marriage void because of lack of authority of solemnizing officer entered into under the Civil Code will
not be considered valid under the Family Code?
Ordinarily a marriage void from the beginning is never validated, but Art 255, FC provides that this code
shall have retroactive effect

Article 3, NCC Ignorance of the law excuses no one from compliance therewith.

Navarro v Domagtoy

Facts

1. An administrative case was filed against Municipal Circuit Trial Court Judge Domagtoy for gross misconduct,
inefficiency in office, and ignorance of the law
2. He solemnized the wedding between Tagadan and Borga, despite knowledge that the groom is merely separated
from his first wife
3. He allegedly solemnized the marriage outside his courts jurisdiction in his residence, which does not fall within
this jurisdictional area of the municipalities of Sta. Monica and Burgos, 40-45 km away from Dapa, Surigao del
Norte

Issue/Ratio

1. Whether Tagadan can legally remarry?

Respondent judge claims that he relied on the Affidavit issued by the Municipal Trial Judge of BAsey,
Samar, confirming that Tagdan has not seen his wife for 7 years.
Tagadans civil status was separated. Tagadan was married to Ida Penarada, and she left the conjugal
home and has not returned for 7 years, giving rise to the presumption that she is already dead.
It goes against Art 41, FC that states that the spouse present must institute a summary proceeding as
provided by the Code for the declaration of presumptive death of the absent spouse mandatory
requirement to discourage subsequent marriages
In the case, there was no summary proceeding held, absent this, he remains married to Ida Penaranda.
Error on the part of the judge to accept the joint affidavit submitted by the groom neglect or ignorance
resulted in a bigamous, and therefor void marriage
2. Whether respondent judge should be held liable for solemnizing a marriage ceremony outside his courts
jurisdiction
He claims that it does not violate Art 7, FC and that Art 8 applies to the case in question
Marriage can be held outside the judges chambers when
o At the point of death
o Remote places in accordance to Art 29
o Request of both parties in writing in a sworn statement to this effect
They were not at the point of death or in a remote place, the written request was only submitted by one
party
 Art 8 is a directory provision that refers to the venue of marriage ceremony, does not alter the authority
of the solemnizing officer as provided does not invalidate the marriage
Judges appointed to specific jurisdictions may officiate weddings only within said areas and not beyond
irregularity in the formal requisites laid down in Art 3 subjects the judge to administrative liability
He was not clothed with authority to solemnize a marriage in the municipality of Dapa, Surigao del Norte
demonstrated a lack of understanding of the basic principles of civil law
The marriage of Tagadan and Borga is considered bigamous and void.

Ruling

Respondent judge Hernando C. Domagtoy is hereby SUSPENDED for a period of 6 months and given a STERN WARNING t
hat a repetition of the same or similar acts will be dealt with more severely.

Aranes v Occiano

Facts

1. Aranes charges respondent judge with gross ignorance of the law.

2. Respondent judge is presiding judge of the Municipal Trial Court of Balatan, Camarines Sur. Aranes claims that the
respondent judge solemnized her marriage with late Orobia without marriage license and outside his territorial
jurisdiction (Nabua, Caarines Sur)
3. Petitioners right to inherit Orobias properties was not recognized and she was deprived of receiving Orobias
pensions as a retired Commodore of the Philippine Navy
4. Respondent judge claims that when they had asked him to solemnize their marriage, he agreed on the grounds
that they be married in Balatan and have their documents to the marriage were complete. However, he found out
that Orobia had difficulty walking and could not stand the rigors of travelling to Balatan, 25km away from his
Nabua residence. They asked if he could solemnize their marriage in Nabua, which he conceded.
5. Before he started the ceremony, he examined the documents and discovered that they did not possess the
marriage license and refused to solemnize them. However, because the couple was managed to convince him
otherwise, and he solemnized their marriage out of human compassion.
6. The couple assured that they would give the license to him in the afternoon of the same they, but they never did.

Issue/Ratio

1. Whether respondent judge should be held liable for solemnizing a marriage ceremony outside his courts
jurisdiction
The couple filed for their application for marriage license but never claimed it
Petitioner confessed that she filed the administrative case out of rage, and that the facts stated by the
respondent judge were true
Office of the Civil Registrar issued a certification that it has no record of the marriage. Petitioner asked the
help of the respondent judge, and the judge wrote a letter to the Local Civil Registrar of Nabua cannot
issue marriage license due to failure of Orobia to submit Death Certificate of his previous spouse
Under the Judiciary Reorganization act of 1980 or BP 129, the authority of the regional trial court
judges and judges of inferior courts to solemnize marriages is confined to their territorial jurisdiction as
defined by the SC.
Navarro v Domagtoy precedent suspended the judge on the grounds that he solemnized a wedding
outside his jurisdiction constitutes a gross ignorance of the law
The judge solemnized the wedding outside his territorial jurisdiction and subjects him to administrative
liability.
May not amount to gross ignorance of the law because he did it with human compassion cannot avoid
liability for violating the law on marriage
 He should also be faulted for solemnizing a marriage with the requisites of a marriage license it is the
marriage license that gives the solemnizing officer the authority to solemnize a marriage no marriage
license, no authority acted in gross ignorance of the law
Withdrawal of complaint does not have legal effect of excusing the respondent from disciplinary action
they cannot depend on the will of every complainant.

Ruling

WHEREFORE, respondent Judge Salvador M. Occiano, Presiding Judge of the Municipal Trial Court of Balatan, Camarines
Sur, is fined P5,000.00 pesos with a STERN WARNING that a repetition of the same or similar offense in the future will be
dealt with more severely.

Formal Requisites Marriage License

Article 9, FC A marriage license shall be issued by the local 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

1. Application in Another Place does not invalidate the marriage, but constitutes as an irregularity to the formal
requirement. The solemnizing officer does not have to investigate whether the marriage license was properly
issued.
2. Forged marriage license is void

Article 10, FC Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul, or vice-consul of
the Republic of the Philippines. 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. (Explanation
above)

Article 11, FC When a marriage license is required, each of the contracting parties shall file separately a sworn application
for such license with proper local registrar which shall specify the following

(1) Full name of the contracting party

(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 father
(9) Full name, residence, and citizenship of mother
(10) Full name, residence, and citizenship of guardian or person having
charge, in case the contracting party 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 certificates in any formality
in connection with securing of the marriage license.

Article 12, FC to follow

1. Documents required by the civil registrar

Original or certified copies of birth certificates
Original or certified copies of baptismal certificates
 Absence of the above documents, the party may present his residence certificates or the affidavit of two
witnesses
2. Proof of Age Dispensed with
Parents of the contracting parties appear personally before the local civil registrar and swear to the
correctness of their ages
Local civil registrar is convinced by looking at the parties
When the party was formerly married, widowed, or divorced, annulled
3. Use of Residence Certificates the contracting parties cannot be required to exhibit their residence certificates as
proof of age, but may voluntarily present such residence in the absence of their birth certificates or baptismal
certificates

Article 13, FC In case either of the contracting parties has been previously married, the applicant shall be required to
furnish instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased
spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her
previous marriage. In case the death certificate cannot be secured, the party shall make an affidavit setting forth this
circumstance and his or her actual civil status and the name and date of death of the deceased spouse

Article 14, FC to follow

1. Reason for parental consent required in order to supplement the natural incapacity of such parties, whose
inexperience may lead them to a union which is difficult or prejudicial for them guaranty for securing (as
humanly possible) a stable marriage
2. Effects of previous marriage parental consent is not required because it has been given in the first marriage
3. Effect of RA 6809 age of majority has been reduced from 21 to 18, however it does not affect the requirements
of the present article
NCC female 14, male 16 based on the physiological capacity to procreate
Reason: maturity of the individuals are considered
Expressly provides that parental consent is still required for marriages contracting marriage until the age
of 21 (repeal of number 2)
Person over 18 years is an orphan it seems that parental consent need not to be secured
4. Remarriage of Widowed Mother remarriage does not deprive her of the character of being a parent
5. Specific consent required consent must refer to marriage with a particular person (Not a blanket authorization)
the mission of the parent cannot be accomplished without knowing who the future spouse of the child is
6. Form of consent made by parent personally appearing before the local civil registrar and signing the instrument
of consent || executing an affidavit of consent in the presence of two witnesses without having to appear before
the local civil registrar
7. Revocation of Consent consent must be manifested formally before the issuance of a license. Consent given +
license issued irrevocable except for a cause exercise of a parents duty to protect the child and should be
permitted. It must be made known to the parties and to the local civil registrar to have an effect
8. Effect of Want of Consent under the old marriage law: absence of parental consent does not validate the
marriage
Present code doctrine above is abrogated. Aside from civil sanction and nullity of marriage, there is also
penal sanction Act 3613, and RPC.

Article 15, FC 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 until 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 guardians refuse to give any
advice, this fact shall be stated in the sworn statement.
 1. Reason it is but wise and prudent that the advice of parents should be sought. It is also in recognition as well of
the duty of the son and daughter to respect parents. The moral authority of parents over their children never
ends; hence the latter must always respect the honor of the former
2. Effect of want of Advice delays the marriage. If the license is issued and the marriage is celebrated before the
lapse of the period of three months validity is not affected, without penal consequences
If parties do not seek advice issuance of the license must be delayed without prejudice to anybody who
may make a false sworn statement. The validity of the marriage, after the issuance of the license, is not
affected
3. Effect of Emancipation parental advice is not dependent on parental authority.
Orphan of 18 years of age advice dispensable with due impossibility of compliance

Article 16, FC In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in
addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam, or minister authorized to
solemnize the marriage under Art 7 of this Code or a marriage counsellor dully accredited by the proper government
agency to the effect that the contracting parties have undergone marriage counselling. Failure to attach said certificate of
marriage counselling shall suspend the issuance of the marriage license for a period of three months from the completion of
the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing
officer to administrative sanctions but shall not affect the validity of the marriage.

Should only one pf the contracting parties need parent consent or parental advice, the other party must be present at
the counseling referred to in the preceding paragraph.

1. Marriage counselling if one or both of them are between 18-25 years and done by a priest, minister, or
accredited marriage counsellor. Without the certificate of counselling, the issuance of marriage license will be
delayed for three months does not affect the validity of the marriage and without prejudice to the local
registrar who issued the license prematurely (before 3 months)
Reason for requirement another means to prevent hasty or ill-advised marriages prepare the youth
for entering into the married state
2. Other requirements assurance of absence of disease that could endanger the health of the spouse or children
Issuance of physical examination and certification of freedom from such diseases (STD) not provided by
law and cannot be imposed administratively

Article 17, FC The local civil registrar shall prepare a notice which shall contain the full names and residences of applicants
for a marriage incense and other data given in the applications. The notice shall be posited for ten consecutive days on a
bulletin board outside the office of the local civil registrar located in a conspicuous place within he building and accessible to
the general public. This notice shall request all persons having knowledge of any impediment to the marriage to advise the
local civil registrar thereof. The marriage license shall be issued after the completion of the period of publication.

1. Issuance before the period ends irregularity in a found requirement but does not invalidate the marriage
2. License not required Art 27-34, FC

Article 18, FC In case of an impediment known to the local civil registrar or brought to his attention, he shall note down the
particulars thereof and his findings thereon in the application for marriage license, but shall nonetheless issue said license
after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance, or that
of any interested party. No filing fee shall be charged for the petition nor corresponding bond required for the issuance of the
order.

1. Marriage despite impediment the finding of the local civil registrar that an impediment exists is noted on the
application for marriage license, but not on the license itself (not required by law). It is possible that the
solemnizing officer is not aware no criminal liability, but the marriage is void

Article 19, FC The local civil registrar shall require payment of the fees prescribed by law or regulations before the issuance
of the marriage license. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said
license. It shall, however, be issued free of charge to indignant parties, that is those who have no visible means of income or
whose income is insufficient for their substance, a fact established by their affidavit, or by their oath before the local civil
registrar.

Article 20, FC The license shall be valid in any part of the Philippines for a period of 120 days from the date of issue and
shall be deemed automatically cancelled at the expiration of said period if the contracting parties have no made use of it. The
expiry date shall be stamped in bold characters on the face of every license issued.

1. Effect of Lapse of Period the automatic cancellation of the license is not a mere irregularity or defect; the license
is non-existent. The marriage is void ab inito.

Article 21, FC When either or both the contracting parties are citizens of a foreign country, it shall be necessary for them
before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their
respective diplomatic or consular officials.

Stateless persons or refugees from other countries, shall, in lieu of the certificate of legal capacity herein required,
submit an affidavit stating the circumstances showing such capacity to contract marriage

1. Exception to legal capacity accordance with the nationality theory of personal laws which is followed by the PH
(Art 15, NCC) if 16 but given the certificate of capacity to marry he will be married
2. Stateless persons and refugees furnish his own affidavit showing such legal capacity. Having no allegiance to any
particular country determined by the laws of the PH which he temporarily enjoys protection. Provisions of FC
apply to him.

Article 22, FC The marriage certificate, in which the parties shall declare that they take each other as husband and wife,
shall also state:

(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 marriages provided for in Chapter 2 of
this Title
(5) That either or both the contracting parties have secured parental consent in appropriate cases
(6) That either or both the contracting parties have complied with the legal requirement regarding parental advice in
appropriate cases; and
(7) That the parties have entered into a marriage settlement, if any, attaching a copy thereof

1. Seal not required the marriage is valid whether or not it has been sealed by the solemnizing officer (priest or
minister)

Article 23, FC It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the
original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not
later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper
receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate.
The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the original of the marriage
license, and in proper cases, and the affidavit of the contracting party regarding the solemnization of the marriage in place
other than those mentioned in Article 8.

1. Effect of Failure to Send Certificate does not invalidate the marriage because not part of the essential requisites
required by law
2. Proof of marriage marriage certificate, but not the only proof. Declaration of one of the parties to the marriage,
as well as those who are present at its celebration, pubic and open cohabitation, birth and baptismal certificates of
children
 Presumption of marriage a man and woman living under the same roof are legally married, or else they
would living in the constant violation of the decency and law rebutted by negating the fact of marriage
or the other person is legally married to another rebuttable only by cogent proof to the contrary

Article 24, FC It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to
administer oaths to all interested parties without charge in both cases. The documents and affidavits filed in connection with
applications for marriage licenses shall be exempt from documentary stamp tax.

Article 25, FC The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry
book strictly in order in which the names are received. He shall record in said book the names of the applicants, the date on
which the marriage license was issued, and such other data as may be necessary

Article 26, FC All marriages solemnized outside the Philippines in accordance with the laws in force in the country where
they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Art 35(1),
(4), (5), and (6), 36, 37, and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry
under the Philippine law (amended by EO 227) (Explanation above)

1. Validity of Foreign Marriages a marriage valid where it was celebrated is valid everywhere. It will be recognized
in a state even where such marriages are not allowed.
Proof of foreign marriage provisions of the foreign law + celebration of the marriage in accordance with
those provisions
Exceptions to Rule marriage deemed contrary to the law of nature and good morals as generally
recognized in Christian countries (polygamous and incestuous) + marriages which the local law-making
power has declared shall not be allowed any validity (prohibited by statutes as affecting good morals or
order)
o Foreign marriages under Art 35(mentioned above), 36 (psychological incapacitation),
37(incestuous marriages), 38(sort of incestuous marriages, step mother, step sister, step children)
not recognized as valid in the PH even if valid where they were solemnized
o Both foreigners and questioned in the courts of PH, the judgement must only apply within our
territory.
When contracted by Filipinos even if foreign marriages, must be done in relation to Art 15 and Art 17,
NCC. Our laws on legal capacities are binding upon Filipinos wherever they may go.
o American jurisprudence forms of entering in to marriage: regulated by the law where it is
celebrated, essentials of marriage: depend upon the law of the domicile of the parties
2. Capacity to Remarry After Foreign Divorce not recognized under the PH law because there is no law in the PH
recognizing divorce (Art 15, NCC) all questions relating to marriage and divorce or legal separation and family
relations are governed by our laws when Filipinos are involved subsequent marriage? Considered void, because
first marriage is considered binding
When marriage is mixed if the foreigner obtains valid foreign divorce, Filipino may remarry. But the
other way around divorce is not recognized under PH law.
o Plain of inequality law does not allow Filipino to seek a foreign divorce, hence if he obtains one,
it is not recognized in the PH. He is subject to the PH law, wherever he goes.

Marriages of Exceptional Character

Article 27, FC In case either or both of the contracting parties are at the point of death, the marriage may be solemnized
without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives
 1. Marriage in articulo mortis mere sickness does not make marriage an exception character, it must be at the
point of death.

Article 28, FC If the residence of either party is so located that there is no means of transportation to enable such party to
appear personally before the civil local registrar, the marriage may be solemnized without necessity of a marriage license

Article 29, FC In the cases provided for in two preceding articles, the solemnizing officer shall state in an affidavit executed
before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in
articulo mortis or that the residence of either party, specifying the barrio or barangay, is located that there is no means of
transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary
steps to ascertain the ages and relationships of the contracting parties and the absence of legal impediment to the marriage

Article 30, FC The original affidavit required in the last preceding article, together with a legible copy of the marriage
contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was
performed within the period of 30 days after the performance of the marriage.

Article 31, FC 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 is in flight, but also during stopovers at ports of
call.

Article 32, FC The following marriages shall be void from the beginning 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;

Article 33, FC Marriages among Muslims or among members of the ethnic cultural communities may be performed validly
without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites, or practices

1. Recognition of Non-Christian Marriage recognizes the validity of Mohammedan marriages and pagans
according to their tribal rites
2. Extent of Exemption the article expressly dispenses with marriage license only. The essential requisites of
marriage under the Family Code by implication are required even for non-Christian marriages (16 years old still
not valid!) the policy of the government is to give recognition to the customs and practices of non-Christians
and the requisites for validity of marriage are among those customs

Article 34, FC No license shall be necessary for the marriage of a 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. The contracting parties shall state the
foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also
state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the
marriage.

1. Legalizing Unions intends to facilitate and encourage the marriage of persons who have been living in a state of
concubinage for more than 5 years inconveniences in securing a marriage license might be embarrassing to
deter them from legalizing their union. They are exempted from the marriage license part, however, the other
requirements must be complied with

PD 956 - A DECREE REQUIRING APPLICANT FOR MARRIAGE LICENSE TO RECEIVE INSTRUCTIONS ON FAMILY
PLANNING AND RESPONSIBLE PARENTHOOD

WHEREAS, the Government has adopted a national population program to achieve and maintain levels of population most
conducive to the national welfare;

WHEREAS, an essential element of the population program is to inform and instruct the people on family planning and
responsible parenthood; and
WHEREAS, an effective mode of implementing the program would be to require all applicants for marriage license to receive
instructions and information on family planning and responsible parenthood before they are issued the marriage license, and
to create the administrative machinery for giving such instructions and information;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:

Section 1. Office of Family Planning. There is hereby created in every city and municipality an Office of Family Planning to be
headed by the city or municipal health officer. He shall be assisted by the city or rural health nurse, members of the city or
rural health unit, and such other personnel from the different agencies of the government involved in the family planning
program, who shall perform family planning duties in addition to their regular duties. Private entities or individuals duly
accredited by the Commission on Population engaged in family planning activities may also be impressed into the service.

Section 2. Duties of Family Planning Office. The Office of Family planning shall give instructions and information on family
and responsible parenthood to applicants for marriage license and other interested persons in the form of personal
instruction and/or handbook, pamphlets or brochures. Furthermore, such instructions and information shall be consistent
with the policies of the Commission on Population.

Section 3. Certificate of Compliance. Applicants for marriage license shall, upon filing an application therefore, be obliged to
receive instructions and information on family planning and responsible parenthood from the Family Planning Office. Such
instructions and information may be in the form of personal instruction or in the form of brochures, pamphlets, or
handbooks. In places where there are no health officers, any person duly accredited by the Commission on Population may
give the instructions herein provided.

No marriage license shall be issued by the Local Civil Registrar unless the applicants present a certificate, issued at no cost to
the applicants, by an Office of Family Planning that they had received instructions and information on family planning and
responsible parenthood.

If, for any reason, the information or instructions shall not have been given within the period required by law for the issuance
of a marriage license, a certification to that effect shall be given to the Civil Registrar by the Office of Family Planning and
the former shall withhold the issuance of the marriage license for a period of two weeks to enable the Family Planning Office
to give instructions and information and the applicants to receive the same. At the end of such period, when no instructions
shall have been given, the Civil Registrar may issue the marriage license.

Section 4. Assistance of National Office. Agencies of the National Government charged with the implementation of the
Family Planning program shall render assistance to family planning offices herein created.

Section 5. Penalties. Any member of the Office of Family planning who fails or refuses without just cause to give the
instructions and the certificate herein provided: any local Civil Registrar who issues the marriage license without the requisite
certification from the Office of Family Planning, or any person who obtains the certificate fraudulently, shall be subject to
appropriate administrative or criminal charges.

Section 6. Rules and Regulation. The Commission on Population shall issue rules and regulations to implement the provisions
of this Decree.

Section 7. Repeal of Prior Law. All laws and ordinances inconsistent with the provisions of this Decree are hereby repealed or
modified accordingly.

Section 8. Effectivity. This Decree shall take effect immediately.

Section 15, RA 10354 No marriage license shall be issued by the Local Civil Registrar unless the applicants present a
Certificate of Compliance issued for free by the local Family Planning Office certifying that they had duly received adequate
instructions and information on responsible parenthood, family planning, breastfeeding, and infant nutrition
Section 23(d), RA 10354 The following acts are prohibited Any person who shall falsify a Certificate of Compliance as
required in Section 15 of this act

Imbong v Ochoa

Facts

Issue/Ratio

Ruling

Zablocki v Redhail

Summary

Redhail was denied a marriage license because of a statute which prohibits a Wisconsin resident from marrying unless (1)
he satisfies his support obligations to his illegitimate child, (2) he proves that the child is not, and will not become a public
charge, and (3) he attends counselling. It was held that the statute is unconstitutional for violating the equal protection
clause because the statute prevents those who are financially challenged from exercising their right to marry

Facts

1. In 1972, Redhail, a Wisconsin resident, became a father of a baby girl born out of wedlock while he was a minor
and a high school student
The Court ordered him to pay $109 per month as child support until the child reached 18 years of age.
He was unemployed and indigent; and consequently he was unable to make any support payments.
2. In 1974, Redhail and a woman he wanted to marry were expecting a child the following year. However, Redhail
was denied a marriage license on the sole ground that he had not obtained a court order granting him permission
to marry, as required by a Wisconsin statute.
He had not satisfied his support obligations to his illegitimate child.
The child had been a public charge since her birth.
3. Redhail alleged that the Wisconsin statute deprived him of equal protection and due process rights secured by
the First, Fifth, Ninth, and Fourteenth Amendments to the US Constitution.

Issue/Ratio

1. Whether the Wisconsin statute is unconstitutional under the equal protection clause
The court cites various past cases (Loving v Virginia), repeating the following points: Freedom to marry
has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness
by free man.
Court characterized marriage as the most important relation in life without which neither civilization
progress
More recent decisions have established that the right to marry is a fundamental part of right of pivacy
under the 14th amendments due process clause and upheld in Grisworld v Connecticut
The court reaffirms the fundamental character of the right to marry states should have reasonable
regulations that do not significantly interfere with decisions to enter into martial relationships
In the present case, Wisconsin residents cannot get married without a court order people like the
appellee will never obtain the necessary court order because they lack the financial stutmeans or cannot
prove that their children will not become public charges absolutely prevented from getting married
When statutory classification interferes with the exercise of fundamental rights cannot be upheld
The purpose of the statute is substantial (protect the children) but it unnecessarily impinges on the right
to marry therefore it cannot be sustained
 The statute was created intended to establish a mechanism whereby persons with support obligations to
children from prior marriages could be counseled before they entered into new martial relationships and
incurred further support obligations permission is automatically granted after counseling was complete
but it does not expressly require or provide for any counseling
In safeguarding the welfare of out of custody children, the statute and the States interest do not make a
clear connection since the permission to marry cannot be granted unless person shows that he can
satisfy his obligations with his children + does not become public charge incentive for the applicant
o The statute merely prevents the applicants who cannot support their children from getting
married
o State has numerous other means from exacting compliance with support obligations, yet do not
impinge upon the right to marry
o Preventing marriage may only result in children being born out of wedlock more illegitimate
children
o Protecting the ability of marriage applicants to meet support obligations to prior children by
preventing the applicants from incurring new support obligations underinclusive: do not limit
new financial commitments other than those from marriage and overincusive: prevent affected
individuals from improving their ability and possibility that the new spouse will actually better the
persons financial situation

Ruling

The Court held that the statute violated the Fourteenth Amendments equal protection clause.

Republic v Court of Appeals

Summary

Angelina Castro filed for nullity of her marriage to Edwin Cardenas, claiming that no marriage license was issued prior to
their marriage, providing a certificate of due search and inability to find from civil registrar. RTC of Quezon City denied
the petition, however, CA declared the marriage null and void. Thus, petitioner Republic urges that CA erred in its ruling.

Facts

1. June 24, 1970 Castro and Cardenas were married in a civil ceremony (secret marriage), solemnized by Judge
Malvar of Pasay City, without the knowledge of Castros parents.
2. March 1971 Couple lived together only after finding out Castro was pregnant, cohabitation lasted 4 months
3. October 19, 1971 Castro gave birth, baby was adopted by her brother (both now in the US)
4. Castro wanted to follow her baby, thus wanted to put her marital status in order
5. Feb 18, 1987 - With the help of Atty. Pulgar, discovered that no marriage license was issued. As proof, Castro
presented a certification from the Civil Registrar of Pasig
6. A copy of the petition was sent to husband Cardenas, but with no response was declared in default
7. RTC denied her petition, CA declared marriage null and void
8. Petition was filed claiming that
Just because the license no. was not in their record proves that there was no license ever issued (provided
in the marriage certificate)
Relied in the testimony of Castro that she was not a part in the procurement of the marriage license
By declaring the marriage null and void disregards the presumption that the solemnizing officer regularly
performed his duties

Issue/Ratio
 1. Whether the certification from the civil registrar and Castros lone testimony are satisfactory grounds to declare
the marriage null and void
New Civil Code requires that no marriage shall be solemnized without a marriage license issued by the
local civil registrar without it, the marriage would be void
Petitioner claims that the certification of the local registrars inability to find the record or entry of the
license was not adequate to prove its non-issuance Court holds otherwise Sec 29, Rule 132, Rules of
Court the entry does not exist if it will not be found in a register Art 25, NCC civil registrars are
public officers charged with the duty of maintaining a register book where they are required to enter all
applications for marriage license
Certification of Due search and inability to find probative value sufficiently proves that he did not
issue the said license number
The fact that the private respondent Castro offered on her testimony in support of her petition is not
ground to deny her petition failure to offer any other witness is because of the peculiar issue of the
case secret marriage/civil marriage
Does not discount the fact that a marriage license might have been issued by Cardenas to the
solemnizing officer served with notice of the proceedings but ignores the same declared in fault
lack of interest to participate in the proceedings

Ruling

The petition is denied and the decision of the Court of Appeals is affirmed

Sevilla v Cardenas

Summary

Facts

1. Sevilla filed a complaint before the RTC of Makati claiming that on May 19, 1969, through duress and intimidation
by the respondent and her father, he and the respondent were made to sign a marriage contract before a minister
and was thus married civilly. Church ceremony took place on May 31.
2. Petitioner claims that he never applied for a marriage license thus marriage should be void.
3. Carmelita refuted these allegations of Jaime, claiming the opposite. They were married in a civil marriage and then
in a church ceremony both marriages were registered with the local civil registry. He is estopped from invoking
lack of marriage license after having been married for 25 years.
4. Petitioners then counsel, Atty. Jose Abola, made 3 inquiries with the Office of Civil Registry where the supposed
marriage license was obtained. Office produced 3 certificates signifying that no marriage license no. 2770792 was
ever issued by this office.
5. Perlita Mercader, Registration officer of the Local registry testified that their office failed to locate the book
wherein marriage license no. 2770792 may have been registered for the reason that employee handling is already
retired.
6. RTC declared the nullity of the marriage because a marriage license is an essential requisite for the validity of
marriage.
7. Respondent filed an appeal to the Court of Appeals. The CA reversed the RTCs decision. Citing People vs. De
Guzman the court explained that the presumption of regularity of official acts may be rebutted by affirmative
evidence of irregularity or failure to perform a duty.
8. Court could not presume that there was no marriage license issued because of the failure of the Civil Registry to
produce a copy when failure is attributed to the failure to locate the book wherein marriage license no 2770792 is
registered and not to the fact that no such marriage license was issued. Thus presumption of regularity was
rebutted by the failure to perform a duty.
 9. Petitioner filed a motion for reconsideration which was denied by the CA and thus petitioner filed the case in the
Supreme Court

Issue/Ratio

1. Whether the certifications from the Local Civil Registrar of the City of San Juan stating that no marriage license no.
2770792 was issued, are sufficient to declare marriage as null and void ab initio.
At first glance, it can be easily dismissed as one involving a null and void marriage on the ground of
absence of a marriage license based on the certifications issued by the Local Civil Registrar Carino v
Carino the certification of the Local Civil Registrar must categorically state that the document does not
exist in his office therefor sufficient proof of lack of evidence Sec 28, Rule 132, Rules of Court
From examining the three certifications sent by the local civil registrar, the first two bear the statements
hope and understand our loaded work cannot give you our full force locating the above problem did
not exert its best effort to locate and determine the said marriage license
Representative from the Local Civil Registrar or San Juan cannot locate the log book because person in
charge is already retired
Presumption of regularity of performance of official function by the Local Civil Registrar is rebutted.
Absence of logbook != non issuance of marriage license
There is also a well settled rule that every law or facts leans towards the validity of marriage
indissolubility of the marriage bonds both parties have been husband and wife for several years with
two children
o Jaime filed the petition for the declaration of nullity and married another individual not ready
to award the petitioner to give him freedom to deceive other people
o 1987 Constitution protects and strengthens the marriage as the basis and foundation of the
family
This jurisprudential attitude towards marriage is based on the prima facie presumption that a man and a
woman deporting themselves as husband and wife have entered into a lawful contract of marriage

Ruling

Alcantara v Alcantara

Facts

1. A petition for annulment of marriage was filed by petitioner against respondent, alleging that they were married
without securing the required marriage license. They were married twice, in a civil wedding and a church wedding
both of the weddings were done without the marriage license.
2. The alleged marriage license procure din Carmona, Cavite, appearing in the contracts is a sham.
3. The parted ways and lived separate lives.
4. Petitioner prayed that after due hearing, judgement be issued declaring their marriage void and ordering the Civil
Registrar to cancel the corresponding marriage contract and its entry on file.
5. Respondent, on the other hand, claims the validity of their marriage and that a marriage license was issued
evidenced by a certification form the Office of the Civil Registrar of Carmona, Cavite.
6. She claims that the petitioner has a mistress of whom he has three children, and wants to annul their marriage to
evade prosecution for concubinage. Respondent filed a case for concubinage against petitioner. Respondent
prays that the petition for annulment of marriage be denied for lack of merit.
7. RTC dismisses the petition for lack of merit. CA also dismisses the petitions appeal. He appealed before SC.

Issue/Ratio

1. Whether the marriage license, procured in Carmona Cavite, is a sham as neither party was a resident of Carmona
and they never went to Carmona to apply for a license with the local civil registrar of the said place
 Petitioner claims he just went to a fixer who arranged everything for them. They did not go Carmona
and neither were they residents of the place. The certification of the Municipal Civil Registrar of Cavite
cannot be given weight because they gave a difference marriage license number (7044133) from the one
in their marriage contract (7044033)
Marriage was celebrated before the effectivity of the Family Code therefore the code to determine its
validity is the Civil Code (in effect at that time)
Valid marriage under Art 53, CC requires a marriage license without it, renders the marriage void
The requirement and issuance of a marriage license is the States demonstration of its involvement and
participation in every marriage maintenance is a public interest
Petitioner cannot insist on the absence of a marriage license to impugn the validity of his marriage. The
cases where the court considered the absence of a marriage license as a ground for considering the
marriage void are clear-cut there must be apparent absence of the marriage contract or no such
marriage license was issued to the parties (certification from the local civil registrar)
At the present case, a certification was provided by the civil registrar saying that there was a marriage
license was issued + marriage license in the marriage contract marriage license was issued
Certification enjoys the presumption that official duty has been performed and the issuance of the
marriage license was done in the regular conduct of official business prevails to rebut the evidence of
irregularity in the marriage
Not being residents of Carmona Cavite is not enough basis to annul the marriage considered mere
irregularities that do not affect the validity of marriage
Discrepancy between marriage license number from the local civil registrar and their marriage contract
possible typographical error because there is only one number amiss (01)
They were married twice petitioner was willing to participate at the ceremony that took place (was not
under force or threat).
Fixed who arranged everything does not remove the authority of the officer or clergyman who has
performed the marriage ceremony. Solemnizing officer is not duty-bound to investigate whether or not ta
marriage license has been regularly issued by the local civil registrar.

Ruling

Petition is dismissed.

Seguisabal v Cabrera

Summary

The case is about a City Judge who was charged with gross misconduct in office and gross ignorance of the law when he
failed to comply with the provisions of NCC Art. 53(4) requiring a marriage license before a marriage could be solemnized
and Art. 68 requiring the solemnizing officer of a marriage to transmit a copy of the marriage contract to the Local Civil
Registrar within 15 days after the solemnization marriage

Facts

1. Respondent, at the same time City Judge of Toledo, solemnize the wedding of Jaime Sayson and Marlyn Jagonoy
without the required marriage license. Moreover, he also failed to transmit a copy of the marriage contract to the
Local Registrar Office within 15 days after the solemnization of the same marriage.
Regarding the lack of marriage license, the parties married said that the Local Civil Registrar (LCR) was not
able to give one since they got there to get the said license on a lunch break.
Judge Cabrera reminded them to come back in the afternoon with the marriage license and solemnized
the couple presuming the papers were in order since their parents were there as well.
The couple failed to come back in the afternoon and the respondent had forgotten about it as well.
2. One year later, Marlyn Jagonoy went to J. Cabrera to ask for official papers to proving her marriage with Jaime
Sayson who was a draftee in the army and subsequently died in Maguindanao after an encounter with Muslim
 rebels. The papers were to be used in availing for the benefits from the death of her husband. J. Cabrera
instructed Marilyns father to obtain a marriage license from the LCR.
The LCR refused to give one since the couple did not attend the required Family Planning Seminar before
their marriage.
Believing that the seminar was no longer necessary since the husband was already dead J. Cabrera issued
the marriage certificate to Marlyn.
3. The petitioner then charged J. Cabrera with gross misconduct in the office and gross ignorance of the law.
The respondent justified that he acted in good faith and in sympathy and in fairness to the widow.
J. Cabrera argued that Seguisabal, the complainant, is ill-motivated and only resorted to the charges after
the former dismissed a criminal case for Alarm and Scandal filed by the latter. Moreover, the respondent
also stated that there was still a pending criminal case for qualified theft in his office to which the
petitioner was accused.

Issue/Ratio

1. Whether the respondent Judge is guilty of the charges gross misconduct in office and gross ignorance of the
law - filed against him violating Art 53 and 68, CC
Respondent must be held guilty of the charge filed for in solemnizing the marriage of Sayson and
Jagonoy without the required essential pre-requisite of a marriage license and transgressed Art 53, CC.
He was also liable for non-compliance with his duty under Art 68, CC to transmit to the Local Civil
Registrar within 15 days from the date of solemnization, a copy of the marriage contract signed by him as
the solemnizing officer + contracting parties
The defense of good faith is untenable because he is a judicial officer expected to know the law on the
solemnizing of marriages

Ruling

Respondent fined equivalent to three (3) months salary, to be deducted from his gratuity upon his retirement from the
service

Moreno v Bernabe

Facts

1. Moreno filed this complaint against Judge Bernabe of the Pasig MTC for grave misconduct and gross ignorance of
the law.
2. Complainant claims that she was married before the respondent judge and said judge assured her that the
marriage contract will be released 10 days after their marriage. On the said date, she found out she could not get
the marriage contract because the Office of the Local Civil Registrar failed to issue a marriage license.
3. She claims that the judge connived with the relatives of Marcelo to deceive her.
4. Respondent claims that he did not conspire with the said relatives and
Local Civil Registrar of Pasig has prepared them marriage license but was not released because of the
objection of Marcelos father
He solemnized the marriage in good faith Moreno was pregnant
That in order to pacify complainant, Marcelo Moreno requested him to perform the marriage ceremony,
with the express assurance that the marriage license was definitely forthcoming since the necessary
documents were complete
He did not know the contracting parties
That both parties, particularly the complainant, were fully apprised of the effects of a marriage performed
without the required marriage license
5. Pasig RTC dismissed the complaint against the respondent for failure of the complainant to appear on any on the
scheduled hearings. The respondent must also be issued with a stern warning for solemnizing a marriage without
the marriage license.
 6. The complaint was referred to the Office of the Court Administrator and it recommended that the respondent be
held liable for misconduct of solemnizing a marriage without a marriage license.

Issue/Ratio

1. Whether the respondent judge should be held liable on the bases of grave misconduct and gross ignorance of the
law
He solemnized the marriage between the complainant and Marcelo without the required marriage license
failure to live up to the commitment to the embodiment of competence, integrity and independence
+ his promise to be faithful to the law
Cannot use his claim of good faith only mitigates his liability, does not remove it from him
o Anyone connected within office charged with the dispensation of justice heavy burden of
responsibility
o Integrity in a judicial office is more than a virtue, it is a necessity.
On the alleged withdrawal of the complaint will not necessarily warrant a dismissal thereof, SC may not
be removed of its jurisdiction to investigate and ascertain the truth of the matter alleged in the complaint.
Marriage is considered null because it lack one of the formal requisites.

Ruling

Respondent was ordered to Pay P10k and is sternly warned that a repetition of the same or similar act will be dealt more
severely.

De Castro v Assidao-de Castro

Facts

1. Petitioner and respondent met and became sweethearts in 1991. They planned to get married so they applied for
a marriage license with the Office of the Civil Registrar in Pasig. They had their first sexual relation outside of
marriage and continued thereafter.
2. When they went back to the Office of the Civil Registrar, the marriage has already expired. In order to push
through with the plan, they executed an affidavit stating they had been living together as husband and wife for at
least 5 years.
3. They god married on the same date in the Pasig MTC. Nevertheless, after the ceremony, they went back to their
respective homes and did not live together as husband and wife.
4. Respondent gave birth to a child and supported her out of her income as a government dentist and private
practice.
5. Respondent filed a complaint for support against petitioner claiming that they were married. Petitioner denied
that he is married with the respondent, claiming that their marriage was void since it was facilitated by a fake
affidavit + he was unable to get parental advice from his parents. They also never lived together, and that he has
never seen or acknowledged the child.
6. Trial court rules that the marriage was not valid, but declared the petitioner as natural father of child and obliged
to give her support. He appealed to CA, CA denied the appeal ruling that the child was his and that the marriage
was valid until properly annulled by a competent court.
Trial court cannot declare the marriage void because it was an action for support and the burden of proof
rests on the petitioner

Issue/Ratio

1. Whether the trial court had jurisdiction to determine the validity of the marriage between petitioner and
respondent in action for support
He argues that the trial court had jurisdiction to determine the invalidity of their marriage since it was
validly invoked as a defense against the instant action support. A void marriage can be subject to
collateral attack no necessity to institute another independent proceeding for the nullity of their
 marriage the same evidence and parties would be presented time consuming, effortful and
enormous expenses
The CA erred in declaring the child as his legitimate child (refused to go through DNA tests + affidavit
saying that he was the legitimate father)
Respondent claims that the validity of their marriage cannot be attacked collaterally, but through a direct
suit specifically brought for that purpose.
Solicitor General CA erred in stating that it was improper for the trial court to declare the marriage void
courts may pass upon the validity of marriage in an action for support because it hinges on the
existence of a valid marriage
SC believes that the trial court has jurisdiction to determine the validity of marriage and it may be
collaterally attacked evidence must be adduced to prove existence of grounds rendering such a
marriage an absolute nullity
They did not have a marriage license, but presented and affidavit stating that they had been living
together for more than 5 years both attest to the falsity of the document not a mere
irregularity because there was no scandalous cohabitation to protect marriage has no value
2. Whether the child is the daughter of the petitioner
Daughter is illegitimate daughter therefore entitled for support certificate of live birth lists the
petitioner as father
In affidavit waiving additional tax exemption admits that he is the father of the child
When they were together, they had sex resulted to pregnancy resulted to marriage

Ruling

Marriage is void but the child is entitled for support.

Borja-Manzano v Sanchez

Facts

1. Borja-Manzano filed a complaint against respondent Judge with gross ignorance of the law for solemnizing two
contracting parties who are both bound by a prior existing marriage.
2. Complainant avers that she was the lawful wife of the late Manzano, and that they had 4 children. However, her
husband contracted another marriage with Payao before the respondent judge marriage contract clearly stated
that both parties were Separated
3. Respondent judge on the other hand claims that he did not know that Manzano was legally married. He knew that
they were living together as husband and wife for 7 years without the benefit of marriage. If he had known, he
would have advised that they should not marry again because Manzano would be charged with bigamy.
4. Court administrator found the respondent judge guilty of gross ignorance of the law and ordered to pay a fine of
P2k with a warning.
5. Judge filed a manifestation reiterating his plea and provides two separate affidavits of the late Manzano and
Payao they were both legally married to other people but these were marked with constant quarrels, left their
homes and never cohabitated again solemnized the marriage in question in accordance to Art 34, FC.

Issue/Ratio

1. Whether the marriage between Manzano and Payao was invalid and that the respondent Judge was guilty of
gross ignorance of the law
Provisions of Art 34, FC require the following requisites:
o They must be living together for 5 years
o No legal impediment to marry each other
o Issue an affidavit that they have been living together for 5 years
o Solemnizing officer must execute a sworn statement that he had ascertained the qualifications of
the parties and that he found no legal impediment to their marriage
 None of these requirements are present in the case at bar. The respondent judge knew that Manzano and
Payao were married and that this was an impediment to make the subsequent marriage null and void.
Despite living apart from their spouses for a long time immaterial Art 63, FC allows spouses who
obtained a decree of legal separation to live apart but does not severe the marriage bonds
Free cohabitation for more than 5 years does not sever the ties of the previous marriage
Respondent judge demonstrated gross ignorance of the law when he solemnized a void and bigamous
relationship

Ruling

Petition is affirmed and the recommendation of the Court Administrator is adopted and increased to P20k.

Formal Requisites Ceremony

Article 3, FC The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases for provided in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting party before the solemnizing officer
and their personal declaration that they take each other husband and wife in the presence of not less than two
witnesses of legal age.

7. Formal requisites are essential to the validity of the marriage total absence renders the marriage void from the
beginning under Article 4 classification as formal requirements is for the convenience of classification, not of
their legal nature
8. Authority to Solemnize Marriage enumerated under Article 7.
Under the Civil Code authorization of the solemnizing officer was an essential requisite to the validity
of the marriage no authority, marriage invalid
Previous Marriage Law marriage still valid if the parties believed in good faith that the solemnizing
officer had authority
Civil Code removes this exemption and was defended by the members of the Code Commission
illogical to require a marriage license for authority to solemnize a wedding but at the same time you can
solemnize a wedding without it, good faith cannot bestow authority to the person
Family Code disagrees better to hold such marriages as valid than to consider it void because there is
no intention to defeat the purpose of the law, void: bastardize of the children
Family Code restores the old Marriage Law (Act 3613) by Art 35(2)
Would the marriage void because of lack of authority of solemnizing officer entered into under the Civil
Code will not be considered valid under the Family Code?
o Ordinarily a marriage void from the beginning is never validated, but Art 255, FC provides that
this code shall have retroactive effect
9. Marriage License marriage preceded the issuance of a marriage license is void and subsequent license cannot
render it valid
Does not impose the solemnizing officer to determine and investigate the marriage license presumes
that the license was issued correctly
Marriage under the license is not invalidated by the fact that the license was wrongfully obtained
10. Ceremony of Marriage without a marriage ceremony, no valid marriage can exist. The law does not prescribe any
particular ceremony parties required to appear before solemnizing officer + take each other as husband and
wife + 2 or more legal witnesses
Prevention of common law marriage agreement between a man and a woman with capacity to enter
into relationship and take each other as husband and wife cohabitation
 Even with marriage license but do not go before the an authorized person for solemnity no marriage

Article 6, FC No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary,
however, for the contracting parties to 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. 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 in ariticulo mortis, when the party at the point of death is unable to sign the marriage
certificate, it shall be sufficient for one witnesses of the marriage as to write the name for the said party, which fact shall be
attested by the solemnizing officer

1. Form of Ceremony Immaterial - form is immaterial, what is important is the conditions given by this code. It is not
necessary that the contracting parties should recite precisely the words of the statute evidenced by consent
2. Marriage by Proxy under this article, marriage by proxy is not legally possible because the parties are required to
declare that they take each other as husband and wife personal and manifested.
3. Failure to Sign or Issue Certificate no required as long as the consent to be husband and wife has been given in
the presence of the solemnizing officer and at least two witnesses of legal age. The signature is of evidentiary
value, and does not invalidate the marriage.
Failure of the solemnizing officer to have the marriage certificate executed and issued would be merely a
defect or irregularity in formal requirements and will not invalidate the marriage

Article 8, FC 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 marriage contracted on the point death or in remove places in accordance with Article 29 of this code, or where both the
parties request the solemnizing officer in writing in which the case the marriage may be solemnized at the house or place
designated by them in a sworn statement to that effect.

1. Public celebration Sunday is not a grounds of violation of the requirement that is shall be solemnized publicly in
the office of the judge in an open court

Article 22, FC - The marriage certificate, in which the parties shall declare that they take each other as husband and wife,
shall also state:

(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 marriages provided for in Chapter 2 of
this Title
(5) That either or both the contracting parties have secured parental consent in appropriate cases
(6) That either or both the contracting parties have complied with the legal requirement regarding parental advice in
appropriate cases; and
(7) That the parties have entered into a marriage settlement, if any, attaching a copy thereof (Explanation above)

Article 23, FC - It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the
original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not
later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper
receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate.
The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the original of the marriage
license, and in proper cases, and the affidavit of the contracting party regarding the solemnization of the marriage in place
other than those mentioned in Article 8.
Article 24, FC - It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to
administer oaths to all interested parties without charge in both cases. The documents and affidavits filed in connection with
applications for marriage licenses shall be exempt from documentary stamp tax.

Article 28, FC If the residence of either party is so located that there is no means of transportation to enable such party to
appear personally before the civil local registrar, the marriage may be solemnized without necessity of a marriage license

Article 29, FC - In the cases provided for in two preceding articles, the solemnizing officer shall state in an affidavit executed
before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in
articulo mortis or that the residence of either party, specifying the barrio or barangay, is located that there is no means of
transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary
steps to ascertain the ages and relationships of the contracting parties and the absence of legal impediment to the marriage

Madridejo v de Leon

Summary

Perez, in the face of death married Madridejo after being left a widow from her previous marriage. The priest who
solemnised their wedding failed to submit a copy of their marriage certificate to the municipal secretary

Facts

1. Eulogio De Leon and Flavia Perez were married and had a child, Domingo De Leon
2. Euolgio De Leon died, and Perez started living with Pedro Madridejo and had a child named Melecio Madridejo
3. Perez, in the face of death married Pedro Madridejo, a bachelor of 30 years of age, Perez died the following day.
Soon after, her son from her previous marriage, Domingo, also passed away.
4. The parish priest who solemnized the marriage of failed to submit a copy of the marriage certificate to the
municipal secretary

Issue/Ratio

1. Whether the subsequent marriage is valid

The failure of the parish priest to send a copy of the marriage certificate to the municipal secretary does
not invalidate the marriage in articulo mortis
Forwarding the marriage certificate is not an essential requisite
Melecio is the natural son of Pedro Madridejo and Flaviana Perez. Did the subsequent marriage
legitimated him?
o Art 21, CC in order for the subsequent marriage to be effective as legitimation, the natural
children must be acknowledged by the parents voluntary or compulsory
o No document has been adduced to show that he has voluntarily acknowledged Melecio as his
son, except for the registry of certificate of birth not the record of birth required by Art 48,
Law of Civil Registry
o It does not appear that Flaviana Perez supplied the data set forth in the civil registry of births
o Melecio was not voluntarily acknowledged by Pedro or Flaviana before or after their marriage
In the instant action brought by Melecio demanded to be established as the legitimate child he is not
impleaded either his father or the heirs of his mother, in order that the court might have authority to
make a valid and effective pronouncement of his being a natural child to compel them to acknowledge
him as such he has not been acknowledge by his father and mother, voluntarily or by compulsion
before or after their marriage was not legitimized

Ruling

Marriage was valid, but the defendant was not a legitimate child.
Martinez v Tan

Facts

1. A petition was signed by the plaintiff and defendant where they stated that they have mutually agreed to marry,
and asked the justice of the peace to marry them.
2. A document is then signed by the justice of peace, by the defendant, and by two legal witnesses. It states in the
presentation of the document that the persons who signed were present in the office of justice that day, and that
they ratified under oath the contents of the petitioner, and that they instated in what they had there asked for.
They produced witnesses of the marriage
3. A marriage certificate was signed by the justice of peace, the witnesses, which states that the complainant and
defendant were legally married by the justice in the presence of the witnesses that day.

Issue/Ratio

1. Whether or not the plaintiff and defendants marriage was valid and binding
The plaintiff admits that she knew the contents of the document they signed
The evidence of the defendant who testifies that he and the plaintiff appeared before the justice of peace
together with the witnesses
The witnesses corroborates the defendants testimony
The Justice of the Peace also corroborates the defendants testimony
The only direct evidence in favor of the plaintiff is her own testimony that she never appeared before the
justice of the peace and never was married to the defendant She admits that she signed the document in
question, but says that she signed it in her own home, without reading it, and at the request of the
defendant, who told her that it was a paper authorizing him to ask the consent of her parents to the
marriage.
o The wife of her brother also testified that she never left the house except in her company. She
admitted that the plaintiff had gone to church unaccompanied on day.
o This is invalidated by one of the witnesses who narrates that they deceived plaintiffs mother in
saying that they were going to go witness house to look at dress patterns but directly went to the
office of the justice of the peace where the ceremony took place (Pacita Ballori)
There are also written evidence which proves that the plaintiff was not telling the truth when she says she
did not appear before the justice of the peace
o He is very angry and if be informed that we have been married civilly, I am sure that he will turn
me out of the house
o I shall go there for the purpose of the signing, and have Pactia wait for me at the Chinese store
o Dont tell her that we have been civilly married
o I believe it is better for you to go to Ormoc on Sunday for the purpose of asking my fathers
permission for our marriage
It was proven that the defendant did go to Ormoc as indicated in the letter and that the plaintiff was on
the same boat plaintiff said that she had no communication with the defendant during the voyage.
They never lived together as husband and wife, after consulting with her family went to Cebu and
commenced this action collation of certificate or marriage
She claims that it did not constitute a legal marriage
o Justice of peace said nothing until after the document was signed and then addressing the couple
saying you are married
Petition is signed by the plaintiff and defendant contained a positive statement that they agreed to be
married the contents of the petition and witnesses were produced
o A certificate of marriage was produced, signed by the justice and witnesses stating that they have
been married
o Admission that the parties mutually agreed to unite in marriage
 o They can read Spanish language therefore they knew the contents of the document
o And under these circumstances, what took place before the justice of the peace amounted to a
legal marriage

Ruling

The judgment of the court below acquitting the defendant of the complaint is affirmed, with the costs of this instance
against the appellant.

Muslim Filipinos and Indigenous Cultural Community

Section 13, Code of Muslim Personal Laws to follow

1. Code of Muslim Personal Laws applies to marriage and divorce where both parties are Muslim, or if the male party
is Muslim and celebrated in accordance to the Muslim law
Muslim + non-Muslim + not solemnized in accordance to Muslim Law the Family Code will be
applicable
2. Family Code v Muslim Code difference with the essential requisites in marriage
Guardian in marriage gives his consent (wali)
Giving of dower (dowry)
3. 1987 Constitution pledges to recognize the rights of indigenous cultural communities RA 8371 which aims to
promote these rights. State shall develop and protect manifestations of their culture that may include customs
related to marriage and thus reflected in the Family Code.
Art 33 does not require a marriage license if the said marriage is to be performed in accordance with
their customs.
Respect for customary laws is stressed in the Magna Carta for Women with the caveat that they do not
discriminate against women

Section 32, RA 8371 - ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs. The state
shall preserve, protect, and develop the past, present and future manifestations of their culture as well as the right to the
restitution of cultural, intellectual, religious, and spiritual property taken without their free and prior informed consent or in
violation of their laws, traditions and customs.

Presumption of Marriage
Article 220, CC - In case of doubt, all presumptions favor the solidarity of the family. Thus, every intendment of law or facts
leans toward the validity of marriage, the indissolubility of the marriage bonds, the legitimacy of children, the community of
property during marriage, the authority of parents over their children, and the validity of defense for any member of the
family in case of unlawful aggression.

1.

Section 3(aa), Rule 131 of the Rules of Court to follow

People v Borromeo

Facts

1. Elias killed Susana and was charged with parricide.

2. Accused-appellant then contends that he could not be charged with parricide because he and Susana were not
legally and validly married in a church wedding ceremony.

Issue/Ratio

1. Whether Elias could be charged with parricide

Accused claims that
 o He and Susana were not legally and validly married in a church wedding ceremony and that there
was no marriage contract executed, therefore he could only be liable for homicide
However, the accused admitted that the deceased victim was his legitimate wife.
Person living together in apparent matrimony are presumed, in the absence of any counter presumption
or evidence special to the case, to be in fact married or they would be living in constant violation of
decency
There is a presumption that persons living together as husband and wife are married to each other.
The mere fact that no record of the marriage exists in the registry does not invalidate said marriage, for all
its requisites are present.

Ruling

Elias is still charged with homicide.

Trinidad v CA

Facts

1. Petitioner filed a complaint for partition and damages against respondents Felix and Lourdes Trinidad and claims
that he is the son of the deceased Inocentes Trinidad, therefore he should have a part in the land (they inherited
from their father)
2. Defendant claims that Inocentest was single.
3. Trial court rendered a decision in favor of the petitioner, but Court of Appeals reversed it, because petitioner failed
to adduce sufficient evidence to prove that his parents were legally married to each other.

Issue/Ratio

1. Whether Petitioner is a legitimate child of Inocentes

Jovita Gerardo (77) - Petitioner presents the barangay captain as witness and she recalls that the
petitioner was born as the child of Inocentes Trinidad and Felicidad Morate. Her house was only 30 meters
away from the parents house, so she would go there 2-3 times a week. She also positively identified
pictures of the plaintiff together with Inocentes and Felicidad (baptismal etc)
Isabel Meren (72) - Lourdes Trinidad was in possession of the property without giving the widow of
Inocentes any share of the produce. As Lourdes outlived her two brothers, namely: Felix and Inocentes,
she was the one possessing and usufructing the 4 parcels of land up. Lourdes took Arturio and cared for
him when he was still small, about 3 years old, until Arturio grew up and got married.
Plaintiff he showed his birth certificate (certificate of loss because it was burned during WWII). When he
was 14 years old, the defendants invited him to live with them being their nephew as his mother was
already dead. When he got married, he and his family also lived with the defendants.
Defendants witnesses, Pedro Briones they cannot positively identity with Inocentes cohabited with
anybody before his death and that did not know about the parcels of land which was the subject matter
of this case and does not know the petitioner
Defendants witnesses, Lourdes Trinidad she was not aware that his brother had married anybody and
claims that she knows Felicidad Molato and does not know whether her brother lived with her. She knows
Arturio but denies he lived with her.
Defendants witnesses, Beatriz Trinindad - Felicidad Molato and that Felicidad Molato had never been
married to Inocentes Trinidad.
2. Whether Petitioners parents were married
CA ruled that the petitioner was not able to give enough evidence that his father and mother were validly
married. However, SC says that marriage may be prove by relevant evidence.
o Testimony of a witness to the matrimony
o Public and open cohabitation
o Birth and baptismal certificates of children born in union
 Petitioner was able to secure a certification in the Office of the Civil Registrar of Aklan destroyed during
the war
In place of a marriage contract, petitioner presented two witnesses who testified that the couple deported
and lived as husband and wife. Another petitioner claims that she had lived near the couple and dropped
by when the wife gave birth and when they had the baptismal ceremony - gives rise to the disputable
presumption that a man and a woman deporting themselves as husband and wife have entered into a
lawful contract of marriage
Filiation two family pictures (they do not directly prove petitioners filiation to Inocentes, they show that
petitioner was accepted by the private respondents as Inocentes legitimate son ante litem motam
Lourdes denials of these pictures are hollow and evasive.),
o his baptismal certificate - Although a baptismal certificate is indeed not a conclusive proof of
filiation, it is one of the other means allowed under the Rules of Court and special laws to show
pedigree,
o Gerardos testimony

Ruling

Vda de Jacob v CA

Facts

Issue/Ratio

Ruling

Abbas v Abbas

Facts

Issue/Ratio

Ruling