Marriage Models 1.

Traditional Marriage Graham v Graham FACTS: -The case is about a man (Margrethe Graham) suing his former wife (Sidney) for a written arrangement they were alleged to have executed September, 1932. -She is to pay him 300 dollars per month hereafter until the parties no longer desire such arrangement. This was made after the man quit his job upon the request of his wife to follow her and accompany her in all her travels -They divorced July, 1933 -defendant: no recollection of having entered the contract, denies that she induced plaintiff to quit his job, and that the fact that he was not working was distasteful to her. -defendant: that when they got divorced they entered into a settlement agreement that each party surrendered any claims he or she might have in the property of the other -defendant: the alleged contract was not within the power of a married onam in Michigan to make; was terminated by divorce and it is apparent that she no longer wants the agreement to continue ISSUE: Whether or not it is in the capacity of a married woman in Michigan to make the aforementioned contract. Whether or not the contract is void in relation to public policy. HELD: 1) Michigan supreme court under Michigan statutes repeatedly state that a married woman has no general power to contract, but can do so only when it comes to her separate property. Nature of consideration; it is required for the contract to be a benefit of her separate estate; bound to pay when the consideration is for the benefit of either herself or her family (goods, domestic services). -the contract, thus is beyond her capacity to make since it is not for the benefit of her separate estate. 2) Under law, marriage is not merely a private contract, but creates a status which the state is vitally interested in. Rights and duties incident to the relationship arise whether or not they are within the wishes of either party (husband has duty to support, wife must follow the desired domicile of her husband, contribute her services, may not forego sexual intercourse etc.). Thus, the contract is contrary to public policy and is then void. Also, the man should be able to work as he pleases, unrestrained by the contract with his wife. They may actually make the agreements they want, but putting those agreements in such a binding contract invites controversy and litigation. 2. Challenges to the Traditional Marriage Model a. The Changing Status of Women Dunn v Palermo Rosary Palermo, a lwyer from Nashville, TE, got married to Denty Cheatham. However, she has continued to use her maiden name. In Tennesees state-wide, compulsory registration law, she listed her surname in her address form as Palermo. The registrar prompted Sec 2-206 which reads

that the registration of a person shall be purged 90 days after he changes his name by marriage or otherwise -She refused to change her surname, and thus, her records were purged. ISSUE: 1) Whether or not it is mandated by law for women to change their maiden names and to use her husbands surname after getting married. HELD: 1) Tennesee has no statutory enactment providing that a woman automatically assume the surname of her husband after marriage. According to the English common law, where the TE consti was adopted, a woman using her husbands name is simpy customary and not mandated by law. She acquires the name by repute and not by fact (merely a consequence of marriage) Case: Chapman v Phoenix National Bank of NY: woman sought to have confiscation proceeding set asde because it was brought in her maiden name Ruling: Her maiden surname is absolutely lost and she ceases to be known thereby TE Court: triumph for the lady, travesty and tragedy for her sex The court also cites several cases that ruled that changing surnames is merely customary and not mandated by law. Moreover, it is a form of societal compulsion, which has not been conducive to the assertion of some rights. Application of custom to the ruling will stifle and chill progress in the expanding field of human liberties. b. By Private Contract: When Valid? When Void? In Re: Santiago The Solicitor General filed an administrative case against the respondent Roque Santiago, notary public of the province of Negros Occidental. The respondent gave legal advise to Ernesto Baniquit, and prepared a contract in which it was indicated that Baniquit and his wife are allowing the other to remarry and at the same time waiving whatever right of action they might have against the party marrying. Santiago based this on the fact that husband and wife have been living separately for 7 years. However, he realized his mistake and called the husband and wife to sign a deed of cancellation of the said contract. His actions would have warranted him disbarment, but due to the fact that he tried to amend his mistakes, he was just suspended from practice for one year. Selenova v Mendoza Saturnino Selenova charged Judge Alejandro Mendoza of Mandaue City with gross ignorance of the law, having prepared and ratified a document liquidating the conjugal partnership of the complainant and his wife. One condition of such liquidiation is that either spouse give the other the license to commit adultery or concubinage. -According to Judge Medoza, he was aware of the invalidity of the agreement but nevertheless ratified it on the assurance that the spouses would ask the Court of First Instance of Negros Occ to approve the agreement. ISSUE: Whether or not a contract of dissolution of conjugal partnership during marriage is legal when subject to judicial approval.

HELD: No. The respondent judge cites Par 4 Art 191 of the Civil Code. However, judicial sanction for the dissolution of conjugal partnership can only be applied when that agreement was secured before the marriage. Also, according to Art 221 of the Civil Code: The ff shall be void and have no effect: 1) Any contract for personal separation bet husband and wife 2) Every extrajudicial agreement, during marriage, for the dissolution of conjugal property bet husband and wife. Also, while adultery and concubinage are private crimes, they are still crimes. A contract legalizing them is contrary to the law, morals and public order. Legal Tradition of Marriage: Regulation and Change Marriage contract is unlike most contracts: provisions unwritter, penalties unspecified, terms of contract typically unknown to contracting parties; prospective partners are not allowed any options as to the terms of the contract (due to the tradition of family. OPINION: allowing options will rock the inviolable social institution) However, society is changing and state control of marriage had to give way to marital privacy. Terms of the Traditional Marriage Contract: Common Law of England, the husband and wife merged into a single entity (woman lost control of her real property, no capacity to contract in her own name, husband entitled to her wages, husband would gain custody of children) Essential provisions: husband is head of household, he is responsible for support, wife responsible for domestic and child-care services With passage of Married Womens Property Acts most legal restraints imposed upon married women were gradually removed. Upon marriage, woman partially loses her independent and legal social identity, symbolized by loss of her name. Retaining maiden name provides difficulty for the woman (in voting, acquiring damages for automobile accidents, running for office, obtaining drivers license). Also, the duty of woman to follow her husbands choice of domicile affercts the range of government benefits and responsibilities she might incur. (law is based in the assumption that the husband is solely responsible for the support of the family) Before: husband gained control of womans property and therefore, its his responsibility to pay her debts Now:despite the fact that married women earn their own money, acquire debts in their own name, they still have to have their husbands explicit permission to apply for loan and obtain credit. The Husband is Responsible for Support Based on outdated assumptions that about sexual division of labor in marriage; assumes economic incapacity of wife, reinforcing husbands role as the head of the family. -power to control family income and property. -often, women cannot get what the law provides for her because it is a matter of concern for households and not the courts

-alimony reflects assumed dependence; however, child support is labeled as alimony. Wife is Responsible for Domestic Child-Care Services Some women are denied of their right to practice their profession so that their domestic role would not be sidetracked; regulation of work -due to biology, womens burdens of motherhood -no compensation for domestic work because she owes it to her husband; thus, not entitled to independent social security coverage -womans contribution to family property not considered after divorce (law punishes woman for being a mother and encourages her to be a housewife) -when a mother is awarded custody, she is expected to perform child-care services without pay, fathers obligation is limited to child support, however, most fathers do not do as ordered -womens right of support is based on the goodwill of the husband Sociological Challenges Legal norms should conform to sociological realities Requisites of Marriage Art. 2. No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer. (53a) NOTES: On legal capacity: minimum age, no existing impediment (existing relationship, prior marriage) Mutual consent: its within the power of either part to refuse to give consent to the marriage (not invited by mistake, duress, or fraud, must be conscious, intelligent, not affected by insanity, intoxication, drugs, hypnotism) Marriage in Jest: lack of real intent to get married may be grounds for annulment and may be proved by circumstances Mistake renders the marriage void for lack of consent Art. 3. The formal requisites of marriage are: (1) Authority of the solemnizing officer; (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a) NOTES: Under previous Marriage Law (Act No 3613 Sec 27) such marriage is valid if the spouses or one of them believed in good faith that the solemnizing officer is qualified to officiate the marriage; however, the Civil Code removed this exception and rendered void such marriages ab initio; Family code(articl 35(2)) has restored old rule and gave it retroactive effect On Marriage license: must precede actual marriage; license issued subsequent to the marriage will not make the marriage valid Art. 16. Capacity to contract marriage. (1) Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of this Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen. (2) However, the Shari'a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age, has attained puberty. (3) Marriage through a wali by a minor below the prescribed ages shall be regarded as betrothal and may be annulled upon the petition of either party within four years after attaining the age of puberty, provided no voluntary cohabitation has taken place and the wali who contracted the marriage was other than the father or paternal grandfather. .chanrobles virtual law library Art. 17. Marriage ceremony. No particular form of marriage ceremony is required but the ijab and the gabul in marriage shall be declared publicly in the presence of the person solemnizing the marriage and two competent witnesses. This declaration shall be set forth in an instrument in triplicate, signed or marked by the contracting parties and said witnesses, and attested by the person solemnizing the marriage. One copy shall be given to the contracting parties and another sent to the Circuit Registrar by the solemnizing officer who shall keep the third.

Art. 18. Authority to solemnize marriage. Marriage may be solemnized: . chanrobles virtual law library (a) By the proper wali of the woman to be wedded; (b) Upon authority of the proper wali, by any person who is competent under Muslim law to solemnize marriage; or (c) By the judge of the Shari'a District Court of Shari'a Circuit Court or any person designated by the judge, should the proper wali refuse without justifiable reason, to authorize the solemnization. Sec. 2. Declaration of State Policies.- The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the framework of the Constitution: c) 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; 1. Essential Requisites a. Legal Capacity; male and female RULE 103 Change of Name Section 1. Venue. A person desiring to change his name shall present the petition to the Court of First Instance of the province in which he resides, or, in the City of Manila, to the Juvenile and Domestic Relations Court. Section 2. Contents of petition. A petition for change of name shall be signed and verified by the person desiring his name changed, or some other person on his behalf, and shall set forth: (a) That the petitioner has been a bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of such filing; (b) The cause for which the change of the petitioner's name is sought; (c) The name asked for. Section 3. Order for hearing. If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and shall direct that a copy of the order be published before the hearing at least once a week for three (3) successive weeks in some newspaper of general circulation published in the province, as the court shall deem best. The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4) month after the last publication of the notice.

Section 4. Hearing. Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic. Section 5. Judgment. Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed and that the allegations of the petition are true, the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name be changed in accordance with the prayer of the petition. Section 6. Service of judgment. Judgments or orders rendered in connection with this rule shall be furnished the civil registrar of the municipality or city where the court issuing the same is situated, who shall forthwith enter the same in the civil register. RULE 108

Section 5. Opposition. The civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought may, within fifteen (15) days from notice of the petition, or from the last date of publication of such notice, file his opposition thereto. Section 6. Expediting proceedings. The court in which the proceeding is brought may make orders expediting the proceedings, and may also grant preliminary injunction for the preservation of the rights of the parties pending such proceedings. Section 7. Order. After hearing, the court may either dismiss the petition or issue an order granting the cancellation or correction prayed for. In either case, a certified copy of the judgment shall be served upon the civil registrar concerned who shall annotated the same in his record. REPUBLIC ACT NO. 9048 March 22, 2001

Cancellation Or Correction Of Entries In The Civil Registry Section 1. Who may file petition. Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Court of First Instance of the province where the corresponding civil registry is located. Section 2. Entries subject to cancellation or correction. Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected: (a) births: (b) marriage; (c) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization; (k) election, loss or recovery of citizenship; (l) civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name. Section 3. Parties. When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding. Section 4. Notice and publication. Upon the filing of the petition, the court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province.

AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES Section 2. Definition of Terms As used in this Act, the following terms shall mean: (1) "City or Municipal civil registrar" refers to the head of the local civil registry office of the city or municipality, as the case may be, who is appointed as such by the city or municipal mayor in accordance with the provisions of existing laws. (2) "Petitioner" refers to a natural person filing the petition and who has direct and personal interest in the correction of a clerical or typographical error in an entry or change of first name or nickname in the civil register. (3) "Clerical or typographical error" refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records:Provided, however, That no correction must involve the

change of nationality, age, status or sex of the petitioner. (4) "Civil Register" refers to the various registry books and related certificates and documents kept in the archives of the local civil registry offices, Philippine Consulates and of the Office of the Civil Registrar General. (5) "Civil registrar general" refers to the Administrator of the National Statistics Office which is the agency mandated to carry out and administer the provision of laws on civil registration. (6) "First name" refers to a name or nickname given to a person which may consist of one or more names in addition to the middle and last names. Section 3. Who May File the Petition and Where. Any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register may file, in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept. In case the petitioner has already migrated to another place in the country and it would not be practical for such party, in terms of transportation expenses, time and effort to appear in person before the local civil registrar keeping the documents to be corrected or changed, the petition may be filed, in person, with the local civil registrar of the place where the interested party is presently residing or domiciled. The two (2) local civil registrars concerned will then communicate to facilitate the processing of the petition. Citizens of the Philippines who are presently residing or domiciled in foreign countries may file their petition, in person, with the nearest Philippine Consulates. The petitions filed with the city or municipal civil registrar or the consul general shall be processed in accordance with this Act and its implementing rules and regulations. All petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed of only once. Section 4. Grounds for Change of First Name or Nickname. The petition for change of first name or nickname may be allowed in any of the following cases:

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce. (2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community: or (3) The change will avoid confusion. Section 5. Form and Contents of the Petition. The petition shall be in the form of an affidavit, subscribed and sworn to before any person authorized by the law to administer oaths. The affidavit shall set forth facts necessary to establish the merits of the petition and shall show affirmatively that the petitioner is competent to testify to the matters stated. The petitioner shall state the particular erroneous entry or entries, which are sought to be corrected and/or the change sought to be made. The petition shall be supported with the following documents: (1) A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed. (2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and (3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition. In case of change of first name or nickname, the petition shall likewise be supported with the documents mentioned in the immediately preceding paragraph. In addition, the petition shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation. Furthermore, the petitioner shall submit a certification from the appropriate law enforcement agencies that he has no pending case or no criminal record. The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: first copy to the concerned city or municipal civil registrar, or the consul general; second copy to the Office of the Civil Registrar General; and third copy to the petitioner. Section 6. Duties of the City or Municipal Civil Registrar or the Consul General. The city or municipal civil registrar or the consul general to whom the petition is presented shall examine the petition and its supporting documents. He shall post the petition in a conspicuous

place provided for that purpose for ten (10) consecutive days after he finds the petition and its supporting documents sufficient in form and substance. The city or municipal civil registrar or the consul general shall act on the petition and shall render a decision not later than five (5) working days after the completion of the posting and/or publication requirement. He shall transmit a copy of his decision together with the records of the proceedings to the Office of the Civil Registrar General within five (5) working days from the date of the decision. Section 7. Duties and Powers of the Civil Registrar General. The civil registrar general shall, within ten (10) working days from receipt of the decision granting a petition, exercise the power to impugn such decision by way of an objection based on the following grounds: (1) The error is not clerical or typographical; (2) The correction of an entry or entries in the civil register is substantial or controversial as it affects the civil status of a person; or (3) The basis used in changing the first name or nickname of a person does not fall under Section 4. The civil registrar general shall immediately notify the city or municipal civil registrar or the consul general of the action taken on the decision. Upon receipt of the notice thereof, the city or municipal registrar or the consul general shall notify the petitioner of such action. The petitioner may seek reconsideration with the civil registrar general or file the appropriate petition with the proper court. If the civil registrar general fails to exercise his power to impugn the decision of the city or municipal civil registrar or of the consul general within the period prescribed herein, such decision shall become final and executory. Where the petition is denied by the city or municipal civil registrar or the consul general, the petitioner may either appeal the decision to the civil registrar general or file the appropriate petition with the proper court. Jones v Hallahan The appellants, both females, seek a review of the judgement of the Jefferson Court which held that they were not entitled to have to issue them a marriage license. Appellants contend that such decision denies them of their constitutional rights such as freedom of religion, right to marry. Section of Kentucky statutes relating to marriage do not define that term.

ISSUE: Whether or not they are entitled to get a marriage certificate given that Kentucky law does not define the word marriage HELD: In absence of a definition in the law, dictionary definition was used, which defines marriage as a union of a man and a woman. Thus, the couple is incapacitated to contract the marriage with each other. Due to such incapacity, they are not entitled to a marriage license, and without a license, their marriage cannot be valid. Goodridge v Department of Public Health Plaintiffs are 7 same-sex couples from five counties in Massachussets, all of whom are in long term committed relationships with their partners, are professionals and have employed legal remedies to secure aspects of their relationships. They attest the desire to marry their partners to affirm publicly their commitment to each other and secure rights given only to married couples. The plaintiffs sued the Department of Health for failing to issue a marriage license after they met all qulifications ISSUE:1. Whether or not the licensing law treats same-sex as an impediment. 2. Whether the denial of a marriage license to same sex couples violates the equal protection clause and/or the Mass. state constitution. (sub-issue constitutionality)

HELD: 1) The licensing statutes are not susceptible to interpretation that only a couple of opposite sexes can be granted a license 2) The court wrote that the states arguments for denying marital rights to same sex couples did not supply enough justification in terms of the governmental interest sought in their procurement. The court argued that modern day technology and fertilization techniques nullified the procreation argument. Same sex couples, through adoption of other fertilization methods could procreate. Secondly, the court found no productive argument favoring the notion that same sex couples were inferior parents to children. Finally, the court believed the state did not demonstrate adequate administrative difficulty to fully deny a single class of citizens their basic marital rights. As such, the state failed to supply their legitimate governmental interest burden. Silverio v Republic Plaintiff, Rommel Silverio, a male to female transsexual, underwent sex reassignment surgery in Bangkok. Afterwards, he sought to have his name legally changed from Rommel to Mely, and his sex from male to female -the trial court rendered a decision in her favor -however, the OSG filed a petition for certiorari in the CA, alleging that there is no law allowing the change of entries in the birth certificate by reason of sex alteration. CA reversed the decision of the trial court ISSUE 1) Whether or not sex alteration is a legal reason for changing ones name and sex in the documents of the civil registry

HELD: No. According to Art 376 of CC, no person may change his name or surname without judicial authority, and as amended by RA 9048, which puts exemptions to clerical or typographical errors -the same RA also puts grounds for name change 1) when the name is ridiculous 2) the new name has been habitually used and known publicly -as for changing the sex, according to Art 412 of CC, No entry in the civil register shall be changed without a judicial order and in the definition of a clerical error in RA 9048, no correction must involve the change of nationality, age, status, or sex -Article 407 of CC authorizes the entry in the civil registry of certain acts, sex reassignment is not among them -Art 413. All matters pertaining to the registration of civil status shall be governed by special laws, but no such special law exist -moreover, according to Sec 5 Act 3753, which concerns the registration and certification of births, the facts that need to be mentioned in the BC include sex and nationality of infant(sex determined at birth) Republic v Cagandahan Jennifer Cagandahan, a female diagnosed with Congenital Adrenal Hyperplasia (CAH) seeks to legally change his name to Jeff Cagandahan and his sex to male. After presenting a medical expert who ascertained her condition, the lower court granted his petition. -The OSG sought a reversal of the decision, alleging that the defendant did not comply with Rule 103 of the Rules of Court, requiring the local civil registra to be a party in the petition and not certifying that defendant is a bona fide resident of the province where the petition was filed for at least 3 years. -also, for alleged that Rule 108 of the Rules of Court does not allow change of sex in the birth certificate and that CAH does not make respondent a male ISSUE: 1) Whether or not there has been compliance on the part of the petitioner to the aforementioned rules of court. 2) Whether or not medical conditions are reason for change of name and sex in the civil registry HELD: 1) The court found the aforementioned rules of court to have been substantially complied with. Petitioner has furnished the local civil registrar with a copy of the petition. Under Art 407 CC: acts , events, judicial decrees concerning the civil status of persons shall be recorded in the civil register. These acts include even those that occur after birth. 2) Based on medical testimony and scientific evidence, respondent is shown to be male rather than female. It is at maturity that the gender of a person with such a medical condition is fixed. As for the change of name, it is a judicial discretion. Allowing the change of name of the petitioner merely acknowledges his preferred gender. JUDGEMENT AFFIRMED

b. Consent Freely Given Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). A defect in any of the 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. (n) NOTES: Defect: when the party has given consent, but is misled(voidable) : for formal requisites ex: marriage license not posted in place required by law, marriage not solemnized in place required by law Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; NOTES: FRAUD for a fact material to the marital relation ex: at time of marriage, pregnant to another man, concealment of STD, concealment of homosexuality PEOPLE v SANTIAGO The case is an appeal to reverse an earlier judgement of the CFI of Nueva Ecija finding the appellant guilty of rape. The victim, Felicita Masilang, was Felipe Santiagos niece by marriage. His wife, the aunt of Felicita, is already deceased. After Sanitago raped Masilang, he conducted her to the house of his uncle, where a protestant minister was called to marry the couple. After it was over, the appellant gave the girl a few pesos. ISSUE Whether or not marriage because of duress can be considered binding. HELD: No. Consent was not freely given on the part of the girl. Marriage is therefore void for lack of essential consent. Meanwhile, Santiago merely married Felicita to evade the criminal consequences of rape, and did not have bona fide intentions of making her his wife. JUDGEMENT AFFIRMED. Buccat v Mangonon de Buccat Godofredo Buvvat and Luida Mangonon de Buccat got married on Nov. 26, 1938. However, 89 days after getting married, Luida gave birth to a full term baby. Godofredo left Luida and filed for annulment of their marriage on the ground that Luida assured him that she was a virgin. The lower court decided in favor of Luida. ISSUE: Is the concealment of pregnancy to another man before the marriage a ground for the annulment of it?

HELD: No. In order for it to be a ground, there must be proof. Godofredo failed to prove that his wife concealed her pregnancy from another man from him. Besides, she was in the advanced stage of pregnancy when they got married, and it is therefore unlikely that Godofredo, an educated person, would not notice anything peculiar about his wife. JUDGEMENT AFFIRMED. Eigenmann v Guerra Facts: Petition was instituted by E d u a r d o Eigenmann to annul his 2 year m a r r i a g e t o M a r y d e n Guerra on the grounds that he was a minor whon e e d e d c o n s e n t f r o m h i s p a r e n t s w h e n h e married (16-20 years old) and such consent wasnot given. He alleged that he was threatened andc o e r c e d i n t o t h e m a r r i a g e a n d t h a t t h e solemnizing officer w h o a d m i n i s t e r e d t h e marriage licens e w a s n o t a u t h o r i z e d t h e r e b y rendering the said license void ab initio. ISSUE: Is the marriage of a minor who misrepresented his age valid? Held: The marriage license confir m e d t h a t plaintiff misrepresented himself to be of legal agethere for he is subject to an estoppel preventingh i m s e l f t o i n v o k e m i n o r i t y . Also, Eigenmanns mother was present at his wedding and did not object, so her consent is implied. 2. Formal Requisites Art. 26. 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 Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a) 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 Philippine law.

Art. 7. Marriage may be solemnized by: (1) Any incumbent member of the judiciary within the court's jurisdiction; (2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect; (3) Any ship captain or airplane chief only in the case mentioned in Article 31;

(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 cases mentioned in Article 32; (5) Any consul-general, consul or vice-consul in the case provided in Article 10.(56a) Art. 10. 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. (75a) Art. 31. 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. (74a) Art. 32. A military commander of a unit, who is a commissioned officer, 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. (74a) Art. 35. The following marriages shall be void from the beginning: (2) 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; NAVARRO v DOMAGTOY Judge Hernando Dumagtoy solemnized the marriage bet Floriano Sumaylo and Gemma del Rosario The marriage was solemnized in Dapa, which does not fall under the judges jurisdiction which was the MCTC of Sta. Monica, Burgos Mayor Rodolfo Navarro, thus, filed an administrative complaint. ISSUE: Is a marriage void for having defect in the formal requisites?

NOTES: Proof: 1) provisions of the foreign law 2)celebration of marriage in accordance to these provisions Exceptions: 1) contrary to law and nature, good morals of Christian countries 2) marriages which the local law making power has declared shall not be valid Art. 17. 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.

a. Authority of Solemnizing Officer

HELD: Defect in formal requisites does not render a marriage invalid. Solemnizing the marriage outside the judges jurisdiction is an example of such defect. The judge who solemnized the event, however, is administratively liable. The judge cited article 8 of the civil code for his defense, which shows gross ignorance of the law Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. (57a) Arianes v Occiano Petitioner Mercedita Araes was married to her husband Dominador Orobia in a ceremony solemnized by Judge Salvador Occiano. Petitioner charged the respondent after learning that he solemnized the marriage without the essential requisite marriage license and outside his territorial jurisdiction. Because of this, Araes cannot inherit the vast property left by her dead husband due to their marriage being a nullity even though they lived together as husband and wife until Orobias death. - Before the ceremony, the judge examined the documents of the couple and found that they lacked a marriage license. However, out of goodwill, and because the couple promised to show him their marriage license the afternoon after the wedding, he agreed to seolemnize the wedding. ISSUE: Is the judge administratively liable? HELD: Yes. His fault was solemnizing a marriage out of his jurisdiction and without the requisite marriage license. The absence of a marriage license makes a marriage void. He was fined 5000 and was given a stern warning by the SC. Plaintiff has retracted her complaint but withdrawal of complaint is not equal to exoneration. (the complained was not a private matter but involved duties from a public office) b. Marriage License Art 9-34 of the Family Code (refer to Karichi) PD 965 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. Done in the City of Manila, this 20th day of July, in the year of Our Lord, nineteen hundred and seventy-six. Republic v CA Angelina Castro married Edwin Cardenas in a civil ceremony performed by Judge Pablo Malvar. -Cardenas was personally responsible for the processing of all the documents -The marriage was unknown to her parents, thus, they cohabited with other only after Castro finding out that she was pregnant. -However, they separated ways after 4 months. Castro gave birth and her brother adopted the baby with the consent of Cardenas. The baby is now in the US. -wanting to follow her daughter, she sought the nullity of her marriage, after having discovered that their marriage license does not appear in the Pasig records. - As proof, she presented an affidavit of due search and inability to found despite of diligence from the civil register ISSUE: Is the affidavit presented by Castro sufficient enough to declare the marriage void? HELD: Yes. Such certification issued by the civil registrar of Pasig enjoys probative value. It was then sufficiently proved that civil registrars office did not issue the marriage license indicated in the marriage contract to the contracting parties.

-Failure to offer any other witness is due to the ceremony being a secret marriage -For his failure to answer despite notices, Castro cannot be faulted for her husbands lack of interest to participate MORENO v BERNABE -Marilou Moreno; administrative complaint; Judge Bernabe; grave misconduct and ignorance of law -Marcelo Moreno, husband; Bernabe assured her that the marriage contract would be relased ten days after -She found out that she could not get her contract because the local civil registrat failed to issue a marriage license -Judge connived with relatives of her husband to deceive her (license was already prepared but was not released due to the objection of Marcelos father. ISSUE: Is the marriage valid? Is the judge liable? HELD: void due to absence of ML.Court affirmed earlier recommendation by the Office of the Court Administrator that the judge was liable for misconduct for solemnizing a marriage w/o ML. His good intentions was not an excuse to violate the law People v Borromeo Elias Borromeo, guilty of parricide, sought his sentence to be reduced to homicide, since, according to him, he and his partner were not legally married, there being no marriage contract executed during their church wedding. ISSUE: Does the lack of a marriage contract make a marriage invalid? HELD: No. The fact that no record of the marriage existed in the civil registry was insufficient to declare the marriage invalid because all the essential requisites were present in the celebration thereof. Also, presumption is always in the validity of marriage. Also, during the trial, Elias Borromeo admitted that he married his wife. There is no better proof than this articulation . Furthermore, they have been living together as husband and wife and even have a child. The presumption of law and evidence points to Borromeos parricide.

Seguisabal v Cabrera Judge Cabrera; gross ignorance of the law; marriage of Jaime Sayson and Marlyn Jagonoy w/o ML (person in chaege was not In office) -Judge: contracting parties and family came bearing a marriage contract. They requested to be married with such urgency that the judge conceded after making them promise to deliver the marriage license the same afternoon -no license was deliver -a year later, Jagonoy went to the judge, telling him she needed proof of her marriage to Sayson to be able to claim the benefits accorded to Jaime after his death as a soldier -Judge gave a copy of marriage contract to Jagonoy; told her to go to the civil regirstrar and have them issue a license -civil registrat refused: parties did not attend the Family Planning Seminar ISSUE: Is the marriage void?

HELD: The marriage is void for the lack of the formal requisite marriage license. Judge should not have solemnized the marriage without firs securing said license. Acting in good faith was not an excuse, thus, he was fined an equivalent of 3 months of his salary Alcantara v Alcantara Restituto and Rosita Alcantara went to the Manila City Hall in 1982 to look for someone who could fix the marriage for them, as they had not secured a marriage license -fixer conducted the ceremony and also contracted a priest who solemnized the marriage in 1983 -ML was issued by the local civil resgistrar of Carmona, Cavite. Neither was a resident. The parties were given a marriage contract that, obviously because of typo error, did not accurately coincide with the original marriage license number -Petitioner seeks the annulment of their marriage because ML was not secured beforehand, however, defendant presented their marriage contract and marriage license as certified by the civil registrat of Carmona ISSUE: are irregularities in the issuance of the ML sufficient to render the marriage void? HELD: No. Marriage was contracted before the effectivity of the Family Code, thus, Article 53 of the CC apples (ML is an essential requisite). It states that no marriage should be solemnized without a marriage license. In this case, a marriage contract bearing a marriage license was presented as evidence. -The inconsistency bet the number of the license in the contract and in the license; the place of residency; merely seen as irregularities that cannot invalidate a marriage Abbas v Abbas Gloria Goo and Syed Abbas got married in the Philippines, with goo alledging that he did not know that the ceremony was a marriage. He signed a contract which he did not read. It was their marriage contract bearing a marriage license number. -To find out that the ML was indeed issued, Syed went to the local civil register of Carmona, where neither of them is a resident. He found out that the marriage license number indicated in the MC was already issued to another couple. Syed sought to get the marriage annulled due to the absence of the formal requisite. RTC court rendered a decision in favor of Syed. CA reversed this ruling ISSUE: Is the marriage void from the beginning? HELD: No because no valid ML was issued. Gloria failed to present the actual marriage license and merely relied on the contract and testimonies of her witnesses as evidence. Syed, meanwhile, presented a certificate that no license was issued from the civil registrar (probative value as it was his duty). JUDGEMENT OF CA REVERSED c. Ceremony FC (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they

take each other as husband and wife in the presence of not less than two witnesses of legal age. Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties 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. Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. Exempted from marriage license Art. 28. 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 local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a) Art. 29. In the cases provided for in the 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 so 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 relationship of the contracting parties and the absence of legal impediment to the marriage. Art. 22. 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 marriage provided for in Chapter 2 of this Title; (5) That either or both of the contracting parties have secured the parental consent in appropriate cases; (6) That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases; and (7) That the parties have entered into marriage settlement, if any, attaching a copy thereof. (67a) Art. 23. 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 copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8. (68a) Art. 24. 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 any charge in both cases. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax. (n) Martinez v Tan -Rosalia Martinez and Angel Tan sent a petition to the justice of peace stating that they want to enter into a contract of marriage. -Justice of peace, two contracting parties and 2 witnesses of legal age sighen a document ratifying said petition and affirming that they were present on the day indicated in the office of the justice -they were then issued a certificate of marriage; judge pronounced them man and wife -The couple did not live together as husband and wife after the ceremony because the parents of the bride were against the relationship ISSUE: Was the formal requisite of ceremony fulfilled? HELD: Yes. The declaration of the parties need not be verbal, signing a statement that they take each other as husband and wife was sufficient. As long as the contracting parties appeared before a valid solemnizing officer, make a declaration in the

presence of 2 witnesses of legal age, the formal requisite of ceremony has been complied with. Madridejo v de Leon Falviana Perez was married to Pedro Madrirejo in articulo mortis. She died the day after the wedding. The priest who solemnized the wedding failed to send a copy of the marriage certificate to the municipal secretary. ISSUE: Would the failure of sending a copy of the marriage certificate to the municipal secretary render the marriage void? HELD: No. It is a mere irregularity of a formal requisite and would not affect the validity of the marriage.