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ESSENTIAL
REQUISITES:
1) Legal capacity of the contracting
parties which shall be a man and a
woman;
2) Consent freely given by the
contracting parties in before a
solemnizing officer.
FORMAL
REQUISITES:
1) Authority of the solemnizing officer;
2) Valid marriage license;
3) Marriage ceremony which takes place
with the appearance of the contracting
parties before a solemnizing officer
and their personal declaration that
they take each other as husband and
wife and in the presence of two
witnesses of legal age.
Name;
Place of birth;
Age and date of birth;
Civil status;
If previously married when and where;
Present residence and citizenship;
Degree of relationship;
Name, residence and citizenship of
father;
9) Name, residence and citizenship of
mother;
10)
Name, residence and citizenship
of guardian or person in charge
without parents and below 21;
Art. 45 Grounds for Annulment except if the
other freely cohabited with his/her spouse:
1) 18 21 w/o consent (parents, guardian
or person with substitute parental
authority)
2) Unsound mind;
3) Consent obtained by fraud;
4) Consent obtained by force;
5) Physically incapable of (consummating
marriage)
6) Sexually transmissible disease
(afflicted and incurable);
Art. 55 Grounds for Legal Separation
1) Repeated physical violence or abuse
(towards spouse, common child or
child of petitioner)
2) Compels petitioner to change religious
or political affiliation.
3) Prostitution (induce the petitioner, a
common child, or a child of the
petitioner, to engage in, or connivance
in such corruption orinducement;
4) imprisonment of 6 years even if
pardoned;
5) drug addiction or habitual alcoholism;
6) homosexuality or lesbianism;
7) subsequent bigamous marriage;
8) sexual infidelity or perversion;
9) attempt against the life of petitioner;
10)
abandonment of petitioner w/o
justifiable cause.
Art. 231
Parental Authority can be suspended by the
court when there is:
a.
b.
c.
d.
Foreigner
Art. 21 Required to submit a certificate of
legal capacity to contract marriage issued by
their respective diplomatic or consular
officials. Stateless persons required to
submit an affidavit stating the circumstances
showing such capacity to contract marriage
in lieu of certificate of legal capacity;
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. 80. In the absence of a contrary
stipulation in amarriage settlement, the
property relations of the spousesshall be
governed by Philippine laws, regardless of
theplace of the celebration of the marriage
and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of
contractsaffecting property not situated in
the Philippines andexecuted in the country
where the property is located; and
(3) With respect to the extrinsic validity of
contractsentered into in the Philippines but
affecting propertysituated in a foreign
country whose laws require
differentformalities for its extrinsic validity.