FAMILY CODE & NOTES Legal capacity of the contracting parties who must be a
male and female.
THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3,
1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Art. 1: Marriage is a special contract of permanent union between a
man and a woman entered into in accordance with the law for the
establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property
relations during the marriage within the limits provided by the code.
Nature of Marriage:
One of the basic civil rights of man. The freedom to
marry has been recognized as a vital personal right
towards the pursuit of mans happiness.
Considered as a special civil contract regulated by law due
to the high state interest in protecting and safeguarding
the family.
Cannot be modified or changed. Once it is executed a
relation is formed between the parties that cannot be
altered. The law steps in to hold or bind the parties
together.
Cannot be restricted by discriminatory policies of private
individuals or corporations.
A subsequent marriage between the rapist and raped
victim extinguishes the criminal action or penalty of the
rapist.
Marriage Status: Marriage creates a social status, which the state is
interested in protecting. It is a case where a double status is created,
involves and affects two persons.
VALIDITY OF MARRIAGE: governed by the law effective at the time
of the celebration of the marriage.
Constitutional Protection: The State recognizes the sanctity of
family life and shall protect and strengthen it. The state also
recognizes marriage as an inviolable social institution and the
foundation of the family and shall be protected by the state.
*The constitutional provisions on marriage however do NOT mean
that legislature cannot enact a law allowing absolute divorce.
Marriage is subject to the control of the legislature but it must not
contravene mandates of Constitution.
Property Relations: Only property relations may be fixed and
arranged in a marriage settlement prior to the marriage ceremony.
However it must still follow the mandatory provisions of the Family
Code.
Art 2: No marriage shall be valid unless these essential requisites are
present:
Consent freely given in the presence of the solemnizing
officer
LEGAL CAPACITY: Marrying age is 18 years old and above, thus if
one of the contracting parties is below 18 years of age, the marriage
is void.
They cannot be related to each other as provided by Art.
37 and Art. 38 (incestuous marriages and those against
public policy).
There should be no previous valid subsisting marriage;
otherwise the subsequent marriage will be bigamous.
DIFFERENT SEX: There should be a male and a female. Marriage is
desirable due to the importance of procreation which is one of the
reasons why same sex marriages are prohibited (due to the
impossibility of reproduction)
CONSENT:
Must be freely given
Made in the presence of the solemnizing officer.
Absence of consent makes the marriage void. However if
there is consent but such was obtained through force,
fraud, undue influence, etc then it is only voidable.
Art. 3: The formal requisites of marriage are:
Authority of the solemnizing officer
A valid marriage license except in the cases provided for
in Chapter 2 of this title
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 2 witnesses of legal age.
AUTHORITY OF THE SOLEMIZING OFFICER:
Those enumerated in Article 7, he must have the
authority. Thus a priest who has not renewed his license to
marry does not have the authority and cannot be
considered for marriage.
The Local Government Code (Jan. 1, 1992) provides that a
mayor of a city or municipality may now solemnize
marriages.
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)
(when one of the contracting parties believed in good faith that the
solemnizing officer had authority then the marriage is valid)
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.
Chapter 2 Title 1 of Family Code: exempt from license:
Article 27: Both parties are in articulo mortis (at the point
of death) marriage will be valid even if the ailing party
survives.
Art
the solemnizing officer must state in an affidavit that the
marriage was performed as such and that he took
necessary steps to ascertain the ages and that there were
no legal impediments to the marriage.
Article 33: Marriages among Muslims or ethnic cultural
communities, as long as performed in accordance with
their customs, rites, practices.
Article 34: Cohabitation by the couple for 5 years
*Muslims are governed by Code of Muslim personal laws of the
Philippines and not the Family code but the other ethnic groups
must comply with the other requisites as they are governed by the
Family code.
Article 34: Cohabitation between man and woman for at
least 5 years with no legal impediment at time of
marriage.
VALID MARRIAGE LICENSE: Lasts for 120 days from the date of issue
and effective within any part of the Philippines only.
Merely Irregularities in marriage license:
Marriage license was made in a different place other than
their residence.
Name stated therein is different or misspelled
Misrepresentation of age (but has to be emancipated18
years and above)
Non-disclosure of prior marriage and divorce
Falsely stated that he or she had not been previously
married.
Falsely swore that he or she is not under guardianship.
*If the couple has a valid marriage license but forgot to bring it then
marriage will be valid (but if they dont have one and procured one
after the marriage ceremony the marriage will be void)
Art. 5: Any male or female of the age of eighteen years or upwards
not under any of the impediments mentioned in Articles 37 and 38
(incestuous marriages and those against public policy) may contract
marriage.
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.
In case of marriage in articulo mortis, when the party is at the point
of death is unable to sign the marriage certificate, it shall be
sufficient for one of the witnesses to the marriage to write the name
of said party, which fact shall be attested by the solemnizing officer.
MARRIAGE CEREMONY:
Family code only recognizes ceremonial marriages but
there is no prescribed form of marriage ceremony.
The minimum requirement is that the parties personally
appear before the solemnizing officer and declare that
they take each other in the presence of at least 2 witness
of legal age.
*Declaration does not have to be vocally expressed may be inferred
by the words used, the manner the ceremony was made, etc. If a
wedding took place there is a presumption that there was an
exchange of vows.
*The absence of 2 witnesses of legal age is merely an irregularity in
the ceremony and does not affect the validity of the marriage.
* Common law marriages, which are non-ceremonial, are not
recognized in the Philippines.
Art. 7: Marriage may be solemnized by:
Any incumbent member of the judiciary within the courts
jurisdiction
Any priest, rabbi, imam, or minister of any church or
religious sect duly authorized by his church or religious
sect and registered within the civil registrar general, acting
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
Any ship captain or airplane chief in cases mentioned in
Article 31.
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.
Any consul-general, consul or vice consul in the case
provided in Article 10.
There is a need to limit the persons who can solemnize marriages
since marriage is an important institution the state wants to
safeguard and protect.
Because the state is interested in marriage, it becomes a party
thereto by manifested in the consent required and granted to
limited number of officers.
JUDGES: they can only solemnize marriages within their jurisdiction
and they must be incumbent. Court of Tax Appeals, Sandiganbayan,
Court of Appeals, Supreme Court: National jurisdiction
 Absence of jurisdiction would mean the absence of the
authority of the solemnizing officer and thus the marriage
will be null and void.
PRIEST/MINISTER OF A CHURCH OR RELIGIOUS SECT: he should be
authorized by the church to do so, he must be registered with the
civil registry, and at least one of the contracting parties belongs to
his or her church.
SHIP CAPTIAN/PILOT: one of the parties must be at the point of
death, the marriage must be between the passengers or
crewmembers, and the ship or plane must be at sea or in flight.
An assistant pilot has no authority to solemnize marriages
even if the main pilot dies.
MILITARY COMMANDER: He or she should be a military commander
of a unit, he or she must be a commissioned officer (his rank should
start from second lieutenant), a chaplain should have been assigned
to the unit and such chaplain is absent, the contracting parties must
also be in articulo mortis either members of the military operation
or civilians, must be within military zone (there should be
widespread military activity not merely practice).
CONSUL-GENERAL, CONSUL, OR VICE CONSUL: they can only
solemnize marriages abroad when both the contracting parties are
Filipino.
*They also perform the duties of a local civil registrar (like issuing
the license etc.)
*No matter where they are the solemnities and requirements
mandated by Philippine Law shall be observed.
MAYOR: Pursuant to the Local Government Code, the mayor of a
city or municipality can now solemnize marriages.
*When the mayor cannot perform his duties, the acting mayor has
the authority to solemnize marriages.
*If the host country allows marriages to be solemnized by consuls
then even if between a Filipino and non-Filipino, the marriage will
still be valid in accordance with Art. 26.
GOOD FAITH OF PARTIES: if the person who solemnized the
marriage did not legally have the authority to solemnize a marriage,
if both or one of the contracting parties believed that such a person
did have the authority the marriage will be valid.
Ex. A priest did not renew his license to marry therefore does not
have the authority to marry. If one of the contracting parties knew
of this but the other did not the marriage is still valid.
HOWEVER, they must be one of the people who can be authorized if
they are not the marriage will be void.
Ex. A couple goes to a janitor to get married. Even if both parties are
in good faith in thinking that a janitor can solemnize a marriage they
should know who by law are authorized to.
Art. 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 of the consul-general, consul or vice-consul, as the case may
be, and not elsewhere, except in the cases of marriages contracted
at 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.
Not mandatory but directory in nature.
Its non-compliance will not make the marriage void but
will only cause civil, criminal, or administrative liability.
Exceptions to venue stated:
o When the marriage is in articulo mortis
o When the marriage is in a remote place
(transportation etc. is difficult to come by)
o When requested by both parties in writing
Art. 9: A marriage license shall be issued by the local civil 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.
The marriage license should be procured from the civil
registrar of the city or municipality where either of them
resides. However if they obtain it from another place it is
merely an irregularity and does not affect the validity of
the marriage.
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.
The consular officials absorb the duties of the local civil
registrar and the solemnizing officer when Filipinos wish to
be married abroad. - The ceremony and requirements
should be in accordance with Philippine law.
Art. 11: Where a marriage license is required, each of the
contracting parties shall file separately a sworn application for such
license with the proper local civil registrar which shall specify the
following:
Full name of the contracting parties
Place of birth
Age and date of birth
Civil Status
If previously married, how, when and where the previous
marriage was dissolved or annulled
Present residence and citizenship
Degree of relationship of the contracting parties
Full name, residence and citizenship of the father
Full name, residence and citizenship of the mother
 Full name, residence and citizenship of the guardian or
person having charge, in case the contracting parties 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 certificate in any formality in connection with
the securing of the marriage license.
Stating all relevant facts needed in order to determine
legal capacity to marry and the eligibility of the parties.
Main purpose is to discourage deception, and relieve from
doubt the status of parties who live together. - Provides
evidence of the status and legitimacy of offspring.
MARRIAGE APPLICATION: the civil registrar has to process and issue
a marriage license. Even if the civil registrar knows of a legal
impediment he cannot discontinue unless stopped by the court.
(This is to prevent bribery and abuse by the civil registrar)
Art. 12: The local civil registrar, upon receiving such application,
shall require the presentation of the original birth certificates or, in
default thereof, the baptismal certificates of the contracting parties
or copies of such documents duly attested by the persons having
custody of the originals. These certificates or certified copies of the
documents by this Article need not be sworn to and shall be exempt
from the documentary stamp tax. The signature and official title of
the person issuing the certificate shall be sufficient proof of its
authenticity.
If either of the contracting parties is unable to produce his birth or
baptismal certificate or a certified copy of either because of the
destruction or loss of the original or if it is shown by an affidavit of
such party or of any other person that such birth or baptismal
certificate has not yet been received though the same has been
required of the person having custody thereof at least fifteen days
prior to the date of the application, such party may furnish in lieu
thereof his current residence certificate or an instrument drawn up
and sworn to before the local civil registrar concerned or any public
official authorized to administer oaths. Such instrument shall
contain the sworn declaration of two witnesses of lawful age, setting
forth the full name, residence and citizenship of such contracting
party and of his or her parents, if known, and the place and date of
birth of such party. The nearest of kin of the contracting parties shall
be preferred as witnesses, or, in their default, persons of good
reputation in the province or the locality.
The presentation of birth or baptismal certificate shall not be
required if the parents of the contracting parties appear personally
before the local civil registrar concerned and swear to the
correctness of the lawful age of said parties, as stated in the
application, or when the local civil registrar shall, by merely looking
at the applicants upon their personally appearing before him, be
convinced that either or both of them have the required age.
Emancipation is obtained at 18; marriage no longer
emancipates a child because they must be 18 years of age
to marry.
Contracting parties 18 years old and above but BELOW 21
years of age must obtain the consent of their father,
mother, surviving parent, or guardian in the order
mentioned. (Non-compliance makes the marriage
annullable)
Art. 13. 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.
Art. 14. In case either or both of the contracting parties, not having
been emancipated by a previous marriage, are between the ages of
eighteen and twenty-one, they shall, in addition to the requirements
of the preceding articles, exhibit to the local civil registrar, the
consent to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order
mentioned. Such consent shall be manifested in writing by the
interested party, who personally appears before the proper local
civil registrar, or in the form of an affidavit made in the presence of
two witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be recorded in
both applications for marriage license, and the affidavit, if one is
executed instead, shall be attached to said applications.
Art. 15: 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 till after 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 guardian
refuse to give any advice, this fact shall be stated in the sworn
statement.
Absence of parental advice does not affect the marriage.
Only delays the issuance of the marriage license for 3
months but after 3 months the license must be issued.
Art. 16. 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 marriage under
Article 7 of this Code or a marriage counselor duly accredited by the
proper government agency to the effect that the contracting parties
have undergone marriage counseling. Failure to attach said
certificates of marriage counseling 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.
Art. 17: The local civil registrar shall prepare a notice, which shall
contain the full names and residences of the applicants for a
marriage license and other data given in the applications. The notice
shall be posted for ten consecutive days on a bulletin board outside
the office of the local civil registrar located in a conspicuous place
within the 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.
It is the duty of the civil registrar to post a notice informing
the public of the impending marriage. The purpose of
which is so that persons having knowledge of any
impediment to the marriage can inform the local civil
registrar.
It is to be posted for 10 consecutive days on a bulletin
board outside the office.
The civil registrar shall be issued after the period of
publication.
Art. 18: In case of any 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 interest party.
No filing fee shall be charged for the petition nor a corresponding
bond required for the issuances of the order.
If an impediment is made known to the civil registrar he
shall merely note it down but he must nonetheless issue
the license. This is because the impediments may not be
valid at all.
The purpose of which is to prevent graft and corruption on
the part of the civil registry.
If the marriage license was issued despite court
intervention, the marriage will still be valid but the parties
responsible may be criminally or administratively liable.
EXCEPTIONS:
The courts direct civil registry to refuse giving out the
license
When the requited certificate of legal capacity of
foreigners is not given (Art. 21)
Art. 19. The local civil registrar shall require the 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 indigent parties, that is those who have no
visible means of income or whose income is insufficient for their
subsistence a fact established by their affidavit, or by their oath
before the local civil registrar.
Art. 20: The license shall be valid in any part of the Philippines for a
period of one hundred twenty days from the date of issue, and shall
be deemed automatically canceled at the expiration of the said
period if the contracting parties have not made use of it. The expiry
date shall be stamped in bold characters on the face of every license
issued.
The marriage license is only valid within the Philippines
and not abroad.
It is good for 120 days from the date of issue
Art. 21: When either or both of 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.
A certificate of legal capacity is meant to show that a
foreigner is capacitated to marry in his or her country. The
Philippines adheres to the national law of the contracting
parties with respect to their legal capacity to contract
marriage.
Ex. In the US 16 years old is the age when one can contract
marriage. A 16-year-old US citizen may contract marriage in the
Philippines provided that he gives a certificate from his embassy
stating that 16 years old is the legal age to marry.
If both are citizens of a foreign country and they are
married in their embassy there is no need to follow the
requirement of marriage in the Philippines, only those of
their country.
If one is a foreigner and one is a Filipino even if they marry
in the consul of the foreigner the certificate of legal
capacity and a marriage license is still necessary.
Art. 22. The marriage certificate, in which the parties shall declare
that they take each other as husband and wife, shall also state:
The full name, sex and age of each contracting party
Their citizenship, religion and habitual residence
The date and precise time of the celebration of the
marriage
That the proper marriage license has been issued
according to law, except in marriage provided for in
Chapter 2 of this Title
That either or both of the contracting parties have secured
the parental consent in appropriate cases
That either or both of the contracting parties have
complied with the legal requirement regarding parental
advice in appropriate cases
That the parties have entered into marriage settlement, if
any, attaching a copy thereof.
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.
Proofs of marriage:
Marriage contract or certificate
Photocopies of the certificate or contract from the local
civil registry
Family bible
Baptismal, birth certificates of kids
Judicial decisions
Testimonies of parties, witness, solemnizing officers
Cohabitation and conduct
Statement in a will
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.
The local civil registrar is the government official charged
with the preparation and the keeping of all the official
documents.
Art. 25. The local civil registrar concerned shall enter all applications
for marriage licenses filed with him in a registry book strictly in the
order in which the same 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.
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. 26 refers to formal requisites only, however the
marriage must still be solemnized.
Marriages that are solemnized abroad and are recognized
as valid there will also be recognized as valid here
(international comity)
Ex. If in Vietnam a doctor is authorized to solemnize a marriage and
a Filipino couple gets married in Vietnam by a doctor such marriage
will be considered valid in the Philippines.
PROOF OF FOREIGN MARRIAGE: necessary to prove the foreign law
and then prove the celebration of marriage. If the law of the other
state is not pleaded nor proved the laws of the Philippines will be
presumed to be similar to that of foreign laws.
REMEMBER THE LAWS: ART. 15: laws relating to family rights and
duties or to the status, conditions and legal capacity of persons are
binding upon citizens of the Philippines even living abroad.
ART. 17: 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.
EXCEPTIONS to international comity:
Either or both contracting parties are Filipinos and below
18 years of age
Polygamous and bigamous marriages recognized abroad
will not be valid here.
Marriage abroad where there is mistake of identity of the
other contracting party is not recognized here.
Marriage by a Filipino to one who is psychologically
incapacitated is not valid here
Marriages that are incestuous are not valid here even if
celebrated abroad and valid there. (Art. 37)
Marriages against public policy are not valid here either
(Art. 38)
Common law marriages are not recognized here, the
marriage must still be solemnized and not contracted.
Same sex marriages between Filipinos are not valid even if
done abroad.
*If a Filipino contracts a foreign marriage which is null and void
under the laws of the state where it has been solemnized then such
marriage will likewise be null and void in the Philippines.
*If a marriage celebrated abroad is invalid in that country but
considered valid in the Philippines, the marriage will still be invalid.
The law where the marriage has been solemnized shall apply
ABSOLUTE DIVORCE: Absolute divorce is not recognized in the
Philippines; even if the couple was married abroad the divorce will
not be recognized here if one of them is a Filipino. The divorce may
be recognized in the foreign country where it was obtained but not
in the Philippines. But the divorce of a foreign citizen abroad is
recognized in the Philippines as the Philippines recognize legal
capacity of a foreign person.
*If a Filipino changes citizenship then he can get a divorce and if he
reacquires his Filipino citizenship after that the divorce will still hold.
 If a Filipina marries a foreigner and the foreigner obtains a
divorce, the Filipina can marry.
If the Filipina obtains a divorce although not recognized in
the Philippines, it will be recognized against the foreigner
and thus the foreigner will not have legal standing to sue
for adultery or claim for property after the divorce.
MARRIAGES EXEMPT FROM LICENSE REQUIREMENT
Art. 27: 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.
Solemnizing officers and the mayor are empowered to
solemnize marriages even without a marriage license if
either or both of the contracting parties are at the point of
death.
Even if the ailing party survives after the marriage, the
marriage will still be valid.
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.
This envisions a situation wherein 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 solemnize without a
marriage license.
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.
The solemnizing officers are those authorized to solemnize
under Article 7 and the mayor provided that they
solemnize the marriage within their jurisdiction and within
the authority given to them.
Art. 30: The original of the affidavit required in the last preceding
article, together with the 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 thirty days after the performance of the marriage.
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.
A pilot or ship captain may solemnize only marriages at
the point of death while the plane is in flight or the ship is
at sea even during stopovers (it is still considered part of
the flight/voyage). They can only solemnize marriages
between their passengers and crew members.
*If something happens to the main or principal pilot the second in
command cannot solemnize marriages. (They are not authorized to
by law)
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.
The military commander must be a commissioned officer
(his/her rank should start from 2nd lieutenant, ensign and
above)
He should be a commander of a unit.
There should be a chaplain assigned to the unit
The marriage should be at the point of death and in the
absence of the chaplain assigned
The marriage must be solemnized within the zone of
military operations.
The contracting parties may either be member of the
armed forces or civilians
Art. 33: 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.
Marriages between parties that belong to ethnic groups,
pagans or Muslims are exempt only from procuring a
marriage license. The marriage must still be solemnized in
accordance with their customs, rites and practices.
Muslims are governed by the Code of Muslim Personal
Laws of the Philippines thus they are not governed by the
Family Code unlike other ethnic groups who do not have
separate laws
Art. 34: 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
five 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 are found no legal
impediment to the marriage.
Persons cohabiting for at least 5 years living together as
husband and wife are exempt from obtaining a marriage
license.
At the time of marriage, they should be without any legal
impediment to marry each other. Thus during the 5 year
period, it is not necessary that there is no legal
impediment it is only necessary at the time of marriage
that there is none.
 The parties shall state the fact of their cohabitation and
the absence of any legal impediment to marry in an
affidavit under oath.
*The solemnizing officer shall also state under oath that he
ascertained the qualifications of the parties and that he found no
legal impediment. The fact that the officer investigated, shall not
invalidate the marriage.
Matters that dont affect the validity of the marriage:
Article 18: if the civil registry gives the license despite the courts
ordering an injunction to order the civil registry not to give the
marriage license.
Article 21: if the civil registry gives the license despite absence of
certificate of legal capacity of foreigners.
Article 35: When the solemnizing officer failed to investigate
whether or not there was an impediment to the marriage in
marriages after 5 years of cohabitation.
MARRIAGES VOID AB INITIO: Not valid from its inception. No rights
can flow from it and can never be ratified. (Judicial declaration of
nullity)
Art. 35: The following marriages shall be void from the beginning:
Those contracted by any party below eighteen years of age
even with the consent of parents or guardians
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;
Those solemnized without license, except those covered
the preceding Chapter;
Those bigamous or polygamous marriages not failing
under Article 41;
Those contracted through mistake of one contracting
party as to the identity of the other
Those subsequent marriages that are void under Article
53.
Article 2, 3, 4: when all the essential and formal requisites of a
marriage are absent.
Only marriages declared by the legislature, as void should
be treated as such. There can be no other void marriage
except those provided by law.
Estoppel or acquiescence does not apply to remedy the
infirmity of a void marriage. Thus if one of the parties
stated under oath that they were 25 when they were
actually 16 the marriage is void despite the oath.
Good faith and bad faith generally is immaterial in void
marriages except: when either of the parties believed in
good faith that the solemnizing officer had the authority to
solemnize the marriage when in fact he had none. Second,
in case the spouse disappears for 4 years or 2 years in
proper cases the present spouse may marry again if there
is a judicial declaration of presumptive death and at the
time of the celebration of marriage either spouse is in
good faith that the absent spouse is still absent.
Ex. W is married to H and W disappears for 4 years and is judicially
declared presumptively dead. H later on is to marry W2. W2
however sees W the day before the wedding but does not tell H. As
long as H is in good faith and does not know of the presence of W
the marriage will still be valid.
Generally evidence other than a judicial declaration of
nullity can be presented except (direct attack needed) for
purposes of remarriage, validity of marriage is essential to
the determination of the case, and when a donor desires
to revoke a donation propter nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with
parental consent.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in
good faith that he had such authority. The good faith of the party is
what is referred to not the solemnizing officer.
Unless it was ignorance of the law then the marriage will
be void. The person must be one of the people in Article 7
thus if a couple is married by a janitor, them believing that
a janitor can celebrate a marriage, the marriage will be
void.
Exception: Marriage was done abroad and such officer is valid in that
country.
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married
men or women from contracting a subsequent marriage when their
consort is still alive.
Exception:
That mentioned in Article 41 regarding appearance of a
spouse after a declaration of presumptive death.
Those provided for under the Muslim code. - When the
first marriage was actually void with a judicial declaration
of nullity. Without judicial declaration of nullity then 2nd
marriage will be void under Article 40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for
the nullity of the marriage. Here the contracting party absolutely did
not intend to marry the other, as the same is not the person he or
she actually knew before the marriage.
Does not include: mistake in name, character of person, attributes,
age, social standing, religion, pedigree, pecuniary means,
temperaments, acquirements, condition in life, previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared
null and void must undertake the liquidation, partition and
distribution of their properties, delivery of presumptive legitimes,
etc. to be able to remarry.
ARTICLE XV
THE FAMILY
Section 1. The State recognizes the Filipino family as the foundation
of the nation. Accordingly, it shall strengthen its solidarity and
actively promote its total development.
Concept of Family:
A group of persons united together by ties of marriage and
blood. It is applied to the group of people formed by spouses and
their children.
Importance of the Family to the State:
1. A basic social institution family provides the basic social unit of
the State. It is the very heart of the society. It is the foundation of
the nation which is but a conglomeration of families bound not only
by affinity and consanguinity and common interests but also by a
common past and shared vision of the future. The family is a society
of its own right. As the basic unit, it ought to be the origin of change
or reform in society because it is where all human values begin.
2. The communitys first socializing agency it is in the family
where a child learns obedience, cooperation, mutual aid, respect of
others and kindred values. The spirit of service, love, mutual support
and understanding and other noble virtues and values being
inculcated, nurtured and honored in practice in home or the family,
make it the most effective ground for good citizenship.
3. Institution of unique social value as a social institution, families
shape the future of humanity for through the family pass all future
generations. On the families rest the very survival of every nation as
a just, humane and progressive society, and hence their health and
vitality are not the concern alone of the family members.
Sphere of law on family:
1. Internal aspect family is known to be sacred and inaccessible
even to law.
2. External aspect third persons and the public interests are
concerned that the law fixes the rules regulating the family.
Section 2. Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the State.
Concept of Marriage:
Ceremony or act by which a man and woman become
husband and wife or to the state of being married.
Both a contract and a status, the latter being the result of
the former.
Marriage, an inviolable social institution for it is the foundation of
family and society, without which there could be neither civilization
nor progress. Good marriages and families bring about a society
assured of a healthy future. They play the indispensable role of
developing our society and properly educating its members.
Section 3. The State shall defend:
(1) The right of spouses to found a family in accordance with their
religious convictions and the demands of responsible parenthood;
- prohibits states interference in the independence of married
couples to determine the size of their own family
- responsible parenthood: should not have more children than they
could decently support and educate.
(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;
- seeks to put a stop to all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial to their development.
- hands of our children, our countrys future lies
(3) The right of the family to a family living wage and income; and
- considers families whose income hardly provides for their barest
daily needs
(4) The right of families or family associations to participate in the
planning and implementation of policies and programs that affects
them.
- guarantees the right of people and peoples org to participate at all
levels in matters affecting the various sector they represent.
Section 4. The family has the duty to care for its elderly members
but the State may also do so through just programs of social
security.
- in recognition and appreciation of their role as invaluable and
venerable members of the extended Filipino family system and our
society
- in their productive years provides us resources needed for our
material survival and nourishment essential to intellectual
development; often act as surrogate parents as family providers and
caregivers to the young; fountain of wisdom, guidance and strength
for the yet inexperienced family member as well as primemovers in
many productive community endeavors; living links to the near-past.