Family Code: Requisites of Marriage
How is marriage contract different from a regular contract?
- Marriage is a sacred obligation and a civil contract regulated by law. - Other contracts may be modified, enlarged, restricted, or released; not so with marriage - Consent on obligations of marriage is not taken from concurring minds; it is the created law itself. - Preserving marriage is essential for public welfare.
Give examples of marriages celebrated abroad in accordance with the relevant foreign country's laws that would also be valid in the Philippines. Provide exemptions too
- Proxy marriages - Marriages w/o valid licenses - Marriage solemnized by a professor of law Exemptions: Same sex marriage Mistake of identity Bigamous and polygamous marriages
What are the requisites for a ship captain or airplane chief to be a solemnizing officer?
1. Articulo mortis 2. Between passengers or crew members 3. Generally, the ship must be at the sea or the plane must be in flight, or during stopovers at ports of call.
What are 3 ways to terminate marriage in the eyes of the law?
1. Judicial Declaration of Nullity of Marriage (Art. 35) 2. Judicial Declaration of Annulment of Marriage (Art. 45) 3. Affidavit of Reappearance of the absent spouse after JDPD (Art. 42)
What are the aspects of marriage governed by the State?
1. Manner in which marriage is constituted. 2. Manner in which marriage ends.
What are the requisites to have a priest as the solemnizing officer?
1. Must act within the limits of the written authority granted to him by the church. 2. Registered with the civil registrar general 3. Must be duly authorized by the church 4. One of the parties must be a member of the church
What are the requisites of a military commander as a solemnizing officer?
1. Must be a commander of a unit. 2. Must be a commissioner officer (Second lieutenant or above rank) 3. A chaplain must be assigned to such unit. 4. Said chaplain must be absent at the time of the marriage. 5. Articulo mortis 6. The contracting parties, whether members of the AF or civilians, must be within the zone of the military operation.
What is the aspects of marriage the State cannot control?
1. Property regime of spouses, which must be decided by them before marriage.
What are the two instances under the FC that an LCR may validly refuse to issue a license?
1. When a foreigner does not submit certificate of legal capacity (Art. 21) 2. When the court orders the LCR not to issue the license upon ght petition of the LCR himself or any interested party (Art. 19)
Art. 9. Where should the marriage license be issued?
A marriage licence shall be issued by the local civil registrar of the city or municipality where either of the contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 if this title.
Art. 26. Are marriages solemnized outside the Philippines valid? Are divorce decrees obtained outside the Philippines valid?
All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they are solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Art. 35 (1), (4), (5), 36, 37, and 38. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.
Art. 15. If one of the contracting parties is between 21-15 years old, what else must they submit?
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 therefor. 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.
Art. 5. What is the legal capacity to get married?
Any male or female of the age of 18 years or upwards not under any of the impediments mentioned in Art. 37 and 38 may contract marriage. - Art. 37: incestuous marriages - Art. 38: marriages against public policy
What is the purpose of the documentary requirements for a marriage licence application?
Competent evidence of marriage, to discourage deception and seduction, and prevent illicit intercourse under the guise of matrimony. Evidence of the statues and legitimacy of the offspring of marriage.
True or false: Absence or parental advice and marriage counselling for parties 21-25 years old makes the marriage voidable.
FALSE. Merely an irregularity.
True or False: Non-compliance with the parental consent makes the marriage void.
FALSE. Voidable.
How must one prove a foreign divorce?
Foreign divorce decree duly authenticated by the foreign court issuing said decree is sufficient. Must be proven as question of fact, not just judicial notice.
Can a consul solemnize a marriage abroad between a foreigner and a Filipino?
Generally no, the marriage is void. UNLESS, the host country recognizes the marriage as valid.
Who are the 3 parties to a marriage?
Husband, wife, and the State.
Art. 13. If any of the contracting parties had been previously married, what must they submit to the LCR?
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. If one of the contracting parties is between 18-21 years old, what else must they submit?
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. 18. What must the LCR do if there is any impediment in the marriage license application?
In case of any impediment known to the LCR or brought to his attention, he shall note down the particulars thereof and his findings thereon in the application for a 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 interested party. No filing fee shall be charged for the petition nor corresponding bond required for the issuance of the order.
Art. 16. If one of the contracting parties is between 21-15 years old, what else must they submit?
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. Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph.
Art. 24. Who must prepare the documents and administer the oaths of marriage?
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.
Art. 23. Who must retain copies of the marriage license?
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.
Art. 1. What is marriage?
Marriage is a special contract of permanent union between a man and a woman entered into 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 this Code.
Art. 7. Who may solemnize a marriage?
Marriage may be solemnized by: 1 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 him by his church or religious sect and provided that at least 1 of the contracting parties belongs to the solemnizing officer's church or religious sect; 3) Any ship captain or airplane chief only in cases mentioned in Art. 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 cases mentioned in Article 32; 5) Any consul-general, consul, or vice consul in the case provided in Art. 10.
Art. 10. Marriages of Filipino citizens abroad may be solemnized by whom?
Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul, or vice-consul of the RP. The issuance of the marriage license and the duties of the LCR and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official.
Can ambassadors solemnize a marriage?
NO. Only consul-generals, consuls, and vice-consuls.
Can a retired judge solemnize the marriage?
NO. Only incumbent judges.
CASE: Bove v. Pinciotti Petitioner filed for annulment of his marriage, on the ground that he never intended to marry the respondent and only did so to give a name to child in her womb, which however was never born; thus, petitioner argues, there was a failure in the consideration of the marriage contract. Is the a valid ground for annulment?
NO. Regular laws on obligations and contracts do not govern marriage.
A and B are step siblings. They marry when such marriage was still void. The following year, the FC repeals this provision and allows step siblings to marry. Is the marriage between A and B now valid?
NO. Still void. The validity of marriage is tested by the law in force at the time the marriage was contracted. If they want, they can marry again to make it valid.
CASE: Zulueta v. CA A wife ransacks the office of her husband to get evidence of his infidelity for a legal separation case, forcibly taking documents and letters of the husband from his mistress. May these documents be used as evidence?
NO. The documents forcibly taken are inadmissible as evidence. It is a violation of the husband's right to privacy. Personal constitutional rights of a spouse remain even after he is married.
CASE: Anonymous v. Anonymous The spouses agreed that their civil marriage would not be considered valid and binding until after they had their religious ceremony. Later they sought on annulment of their marriage based on said stipulation. Valid?
NO. The state and its laws govern marital status, and the parties to a marriage cannot tinker with it according to their own notions of what is proper.
A and B's marriage ceremony lacked the presence of 2 witnesses of legal age. Is the marriage void?
NO. This is merely an irregularity in the formal requisites and does not invalidate the marriage. Instead they may be made criminally, civilly, or administratively liable.
CASE: Phil Telegraph and Telephone Co. v. NLRC A company policy disqualified from work any woman worker who contracts a marriage. Is this valid?
NO. This is void for violating equal protection clause and going against State policy on marriage. Marriage cannot be the source of interdiction nor discrimination.
CASE: Star Paper Corp. v. Simbol A company policy states that in case 2 of their employees marry, one of them must resign. Valid?
NO. This policy is illegal as it failed to prove that a marriage between 2 of its employees could be detrimental to the operations of a business. Companies must be able to show a vital link between policies and effect on business operations for policies on civil rights to balid.
Art. 2. What are the essential requisites of marriage
No marriage shall be valid, unless these essential requisites are present: 1) Legal capacity of the contracting parties who must be male and female; and 2) Consent freely given in the presence of a solemnizing officer.
Art. 6. Is there a prescribed form or religious rite for the solemnization of marriage?
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 a marriage in articulo mortis, when the party 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.
Does non-observance of Art. 8 (venues for marriage) invalidate the marriage?
No. Directory in nature, but can subject the person who caused the violation to civil, criminal, or administrative liability.
Does consent to marriage have to be vocal?
No. It can be presumed by the signing of the marriage contract in the presence of a solemnizing officer.
Can a wife testify against her own husband about something he said to her in confidence during their marriage?
No. Neither the husband nor wife may be examined without the consent of the other as to any communication received in confidence by one from the other during marriage.
A and B want to get married while they are passengers on a plane. B is at the point of death. The airplane chief died. Can the assistant pilot solemnize the marriage?
No. Only the airplane chief can. Even if the chief pilot dies and the assistant pilot takes command of the plane, he still can't solemnize.
Anna is 14 years old. Billy is 16 years old. They were married before the enactment of the Family Code, which increased the marrying age to 18. Is the marriage now void?
No. The validity of marriage is tested by the law in force at the time the marriage was contracted.
What is absolute freedom of communication between spouses?
Privileged speech. A couple has the right to privacy which is protected against all undue and unwarranted government intervention.
How is sex determined?
Sex is determined by visually looking at the genitals of a baby at the time of birth.
What is RA 10345 (RH Law) relation to the issuance of marriage license?
The LCR can only issue a marriage license if the applicants present a certificate of compliance issued for free by the Family Planning Office certifying that they had duly received adequate instructions and information on responsible parenthood, family planning, breastfeeding, and infant nutrition.
Art. 4. Distinguish between absence in any of the requisites, defect in the essential requisites, and irregularity in the formal requisites.
The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Art. 35 (2). A defect in any of the essential requisites shall render the marriage voidable as provided in Art. 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, or administratively liable.
Art. 3. What are the formal requisites of marriage?
The formal requisites of the 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 2 witnesses of legal age.
Art. 20. How long is the marriage license valid?
The license shall be valid in any part of the Philippines for a period of 120 days from the date of issue, and shall be deemed automatically cancelled at the expiration of said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters at the face of every license issued.
Art. 25. Registering licenses, applications, and data of marriage.
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. 17. When is the marriage license issued?
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.
Art. 19. What are the fees for issuance of a marriage license?
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. 12. Other requisites for issuance of a marriage license?
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.
Art. 22. What must a marriage certificate contain?
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.
Art. 8. Where may a marriage be solemnized? What are the exceptions?
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 cases of marriage 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 of that effect.
What laws will the Philippines adhere to in the marriage of a foreigner?
The national law of the contracting parties with respect to their legal capacity to contract a marriage.
True or false: Void marriages can never be ratified.
True.
True or False: The mayor of the city or municipality may solemnize a marriage.
True. Local Government Code.
Art. 21. If any of the contracting parties in a foreigner, what must they submit?
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.
Art. 11. What does an application for a marriage license require?
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: (1) Full name of the contracting party; (2) Place of birth; (3) Age and date of birth; (4) Civil status; (5) If previously married, how, when and where the previous marriage was dissolved or annulled; (6) Present residence and citizenship; (7) Degree of relationship of the contracting parties; (8) Full name, residence and citizenship of the father; (9) Full name, residence and citizenship of the mother; and (10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party 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 certificates in any formality in connection with the securing of the marriage license.
If a husband states in his will that he does not allow his widowed wife to marry after his death, can the wife still marry?
YES. Any subsequent marriage is valid, but her legacy in the will is rendered ineffective by her contravention of her deceased husband's wishes.
CASE: Duncan v. Glaxo A company requires its employees to disclose relationships with any person employed by its competing companies, requiring such employee to resign should management find that there may be a possible conflict of interest. Valid?
YES. There is no absolute prohibition against relationships and the stipulation is reasonable.
The court files an injunction for the issuance of a marriage license for A and B. The LCR issues the license anyway. Is the marriage between A and B valid?
Yes. Irregularity. Parties responsible will he held liable.
R.A. 8533 deleted the 10-year prescription period to file a petition on for nullity of marriage on the ground of psychological incapacity. Can this law be applied retroactively to marriages celebrated before the enactment of this law?
Yes. It is an exception to the general rule that the validity of marriage is tested by the law in force at the time the marriage was contracted.
What is "lex loci celebrationis"
the law of the place where the marriage is celebrated - a marriage valid where celebrated will be regarded as valid everywhere.