CHAVEZ | Family Law (Week 3)
For third week
a. Discuss Article 27 of the Family Code.
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.
b. What is a marriage in articulo mortis?
 Marriage where either or both
of the contracting parties are
in the point of death but must
be still conscious of what they
are doing.
 Mere sickness will not justify a
marriage in point of death.
 Marriages in articulo mortis can
be solemnized without marriage
license.
 To require a license
which is issuable only
after 10 days following
the publication of the
application for marriage
license would be
impractical.
 The ship captain, the airplane
pilot and military commander
cannot perform marriages other
than those in articulo mortis
mentioned in Articles 31 and
32, while consul-general, consul
and vice-consul can officiate
marriages under the
circumstances mentioned in Art.
10 of the Code.
c. Discuss Article 28 of the Family Code.
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.
d. What are the material contents of an
affidavit in lieu of marriage license?
 There is a requirement for the
execution of an affidavit by the
solemnizing officer stating that:
a. The marriage was
performed in articulo
mortis;
b. That the residence of either
party is remote specifying
that the place is such that
there is no means of
transportation to enable
the party to appear
personally before the local
civil registrar; and
c. That he took steps to
ascertain the ages and
relationship of the parties
and the absence of legal
impediment to the
marriage.
 This affidavit is not required in
the cases of marriages in articulo
mortis performed by a ship
captain, airplane pilot, and
military commander.
 Marriages by the general-consul,
consul and vice-consul under Art.
10 are not exempted from
marriage licenses. The issuance of
marriage license and the other
duties of the local civil registrar
devolve upon these consular
officials.
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
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CHAVEZ | Family Law (Week 3)
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.
e. Discuss Article 30 of the Family Code.
Art. 30. The original of the affidavit required
in the last preceding article, together with a
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.
 The solemnizing officer must
send the original of the affidavit
mentioned in Art. 29 together
with a legible copy of the
marriage contract to the local
civil registrar within thirty (30)
days after the performance of the
marriage.
 This period must be
distinguished from the 15-day
period required under Art. 23
which refers to the sending of the
duplicate and triplicate copies of
the marriage contract to the local
civil registrar in cases of ordinary
marriages.
f. When may a ship captain or airplane
pilot solemnize a marriage?
Art. 31. A marriage in articulo mortis between
passengers or crew members may also be
solemnized the ship is at sea or the plane is in
flight, but also during stopovers at ports of
call.
 The ship captain and airplane
pilot can solemnize marriages
in articulo mortis not only
during voyage or flight but
also during stopovers at ports
of call.
g. When may a military commander
solemnize a marriage?
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 operations, whether members of the
armed forces or civilians.
 Marriages within zones of
military operations—It is now
required that the military
commander be a commissioned
officer.
 He can perform marriages in
articulo mortis whether the
parties are members of the
armed forces or civilians, or a
member of the Armed Forces
and a civilian.
 It is however necessary that
the military chaplain be
absent.
h. Discuss Article 33 of the Family Code.
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.
i. What are the requirements to be exempt
from securing a marriage license under
Article 34 of the Family Code?
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
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before any person authorized by law to marriage of persons who have

administer oaths. The solemnizing officer been living in a state of
shall also state under oath that he ascertained concubinage for more than
the qualifications of the contracting parties five years.
and found no legal impediment to the  The publicity and bother
marriage. attendant on the securing of a
marriage license might deter
such persons from legalizing
 To be exempted from a
their union; hence their
marriage license, it is required
marriage is exempted from such
that,
requirement.
(a) The parties must have
lived as husband and wife
k. Is a marriage license required in
for at least five years;
religious ratification of marriage?
(b) There is no legal
 For legal ratification of marital
impediment to marry each
cohabitation to apply, the
other during this period;
following requisites must
(c) An affidavit be executed
concur:
by the parties stating the
foregoing facts;
(1) The man and woman must
(d) The solemnizing officer
have been living together as
shall also state under oath
husband and wife for at
that he ascertained the
least 5 years before the
qualifications of the
marriage;
parties and found no legal
(2) The parties must have no
impediment to the
legal impediment between
marriage.
to marry each other;
(3) The fact of absence of legal
i.1. Discuss Nifial v. Bayadog, GR. No.
impediment between the
133778, 14 March 2000.
parties must be present at
the time of marriage;
i.2. Discuss De Castro v. De Castor,
(4) The parties must execute an
G.R.
affidavit stating that they
No. 160172, 13 February 2008.
have lived together for at
least five years (and are
i.3. Discuss Republic v. Dayot, G.R. No.
without legal impediment to
175581, 28 March 2008.
marry each other); and
(5) The solemnizing officer
i.4. Discuss Santiago v. People of the
must execute a sworn
Philippines, G.R. No. 200233, 15
statement that he had
July 2015.
ascertained the
qualifications of the parties
j. What is the rationale for Article 34 of
and that he had found no
the Family Code?
legal impediment to their
marriage.
 The article is intended to
facilitate and encourage the

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CHAVEZ | Family Law (Week 3)

 No license required in affects their successional

religious ratification of
marriage. The ratification shall
be considered as purely a
religious ceremony.
l. What are the marriages considered void
under Article 35 of the Family Code?
Discuss each.
Art. 35. The following marriages shall be void
from the beginning:
(1) Those contracted by any party below
eighteen years of age even with the
consent of parents or guardians;
(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;
(3) Those solemnized without license,
except those recovered by the
preceding Chapter;
(4) Those bigamous or polygamous
marriage not falling under Article 41;
(5) Those contracted through mistake of
one contracting party as to the
identity of the other; and
(6) Those subsequent marriages that are
void under Article 53.
rights.
 In Amor-Catalan vs. CA, the
Supreme Court clarified than
the petition for declaration of
nullity of marriage must be
prosecuted and defended in
the name of real in interest
and must be based on a cause
of action. Such party must
demonstrate “proper
interest”.
 In annulment cases based on the
minority or insanity of a party
or lack of parental consent, the
parents or guardians may, of
course, initiate the complaint.
 Strangers are not allowed to file
such actions to court.
m.1. Discuss Amor—Cataian v. Court
of
Appeals, G.R. No. 167109, 06
February 2007.
m.2. Discuss Salmingo v. Rubica, A.C.
No. 6573, 09 July 2007.

m. Who may file a petition for declaration

of nullity or annulment of marriage?
 The aggrieved spouse in a
marriage may file the petition
for declaration of nullity of a
void marriage or the
annulment of a voidable
marriage.
 In Ninal vs. Bandayog, the
Supreme Court held that the
children of the deceased
father have the personality to
question the marriage of their
father to their stepmother as it