Marriage —+ Special Contract — Established Civil Status —+ Consequences determined by law — With Penal and Civil Sanction — Permanent Union — Man and Woman —+ Establishment of Conjugal and Family Life Constitutional Provisions — ARTICLE Il DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES — Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. — ARTICLE XV THE FAMILY Section 1. The State recognizes the Filipino family as the foundation of the nation: Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. Penal Provisions Bigamy - any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead (RPC Art 349) Adultery - Any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be matried, even if the marriage be subsequently declared void. (RPC Art 333) Concubinage - Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place (RPC Art 334)Rape - In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. (RPC Art 344) Special Penalty in Homicide - Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro. If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment. These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents. (RPC Art. 247) Wasmer v. Velez — No one can be compelled by law to marry another person — Promise to marry is not a demandable obligation — But breach of promise to marry maybe actionable cause for damages PT&T vNLRC — A company's policy to disqualify woman who marries is unconstitutional — Violates equal protection and — Goes against the fundamental state policy to promote family and marriage Zulueta v CA — Being married does not give the wife the right to violate the husband's constitutional right to privacy of communication and correspondence by ransacking his office — Documents obtained as such inadmissible as evidence Special Rules on Evidence Marital Disqualification (Rule 130 Sec22) — Spouse cannot testify for or against the other spouse without the consent of the affected spouse, unless it's a civil case by one against the other or a criminal case for crime committed against the other, or descendants or ascendants. — Can only be invoked by the spouse — Right ceases upon dissolution of marriageEvidence Rule on Privileged Communication Rule 130 Sec 24 — husband or wife, — during or after marriage, — cannot be examined without the consent of the other — regarding any communication — received in confidence by one to the other — during the marriage Except: Civil case by one against the other —Crimes committed against the other or direct ascendants or descendants —Communications that come into hand of third party, without collusion Requisites of a Valid Marriage Essential Requisites — Legal Capacity — Consent Formal Requisites — Authority of the solemnizing Officer — Valid marriage license — Marriage Ceremony Legal Capacity — Male and Female — 18 yrs old and above — Not incestous — Ascendants or Descendants — Brothers and sisters — Not against public policy Public Policy Prohibition (1) Between collateral blood relatives whether legit or illegit, up to the 4incivil degree; (2) Between step-parents and step-children;—>