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FAMILY CODE - August 3, 1988 (effectivity date) - EO No. 209 as amended by EO No.

227 Title I- MARRIAGE Definition Marriage -is a special contract of permanent union between man and a woman entered into i n accordance with law for the establishment of conjugal and family life. It is t he foundation of the family and an inviolable social institution whose nature, c onsequences and incidents are governed by law and not subject to stipulation, ex cept that marriage settlements may fix the property relations during the marriag e within the limits provided by this Code. ( Art. 1-FC) Aspects of Marriage: It is a Special contract (Art. 1) 2. It is a status or a relation, or an institution (Goitia vs. Campos Rueda, 35 Phil. 252) Some principles: Union- physical and mutual mating; Of one man with one woman- monogamy relationship is ideal; Reciprocal blessings- 50-50 proposition; wife must not henpeck the husband neith er must the husband must not oppress the wife; Birth- one of the purpose of marriage is to procreate children Requisites of a Marriage: Essential Requisites: ( Art. 2- FC) Legal capacity of the contracting parties, must be a male and a female; Consent freely given in the presence of the solemnizing officer. 2. Formal Requisites: (Art. 3- FC) Authority of the solemnizing officer; A valid marriage license except in cases provided in Chapter 2 of FC; A marriage ceremony which takes place with appearance of contracting parties bef ore the solemnizing officers and their personal declaration that they take each other as husband and wife in the presence of not less than two (2) witnesses of legal age. Effect if conditions of the Requisites:

Who may Contract Marriage? (Art. 5- FC) Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Art. 37 and Art. 38 of FC, which provides: Art. 37 provides. Aq

Who are Solemnizing Officers? ( Art. 7- FC) Any incumbent member of the judiciary within the court's jurisdiction; Any priest, rabbi, imam or minister of any church or religious sect and register ed with the civil registrar general acting within the limits of the written auth ority granted him by church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect; Any ship captain or airplane chief ONLYIN THE CASES mentioned in Art. 31, which provides: - A marriage in articulo mortis ( at the point of death) between passengers or c rew members may also be solemnized by a ship captain or an airplane pilot not o nly while the ship is at sea or the plane is in flight, but also during stop ove rs at ports of call. 4. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the case s mentioned in Art. 32, which provides: - A military commander of a unit who is a commissioned officer, shall likewise h ave the authority to solemnize marriages in articulo mortis between persons with in the zone of military operation, wether members of the armed forces or civilia ns. 5. Any consul-general, consul or vice- consul in the case provided in Ar t. 10, which provides: - Marriages between Filipino citizens abroad maybe solemnized by a consul-genera l, consul or vice- consul of the Republic of the Philippines. The issuance of th e marriage license and the duties of the local civil registrar and of the solemn izing officer with regard to the celebration of marriage shall be performed by s aid consular official.