CIVIL CODE OF THE PHILIPPINES: Preliminary Title
Article Summary Summarized Annotation: Added Info:
Article 1: Civil Code of the Philippines
Art. 2: Laws shall take effect 15 days following the completion of their publication
- Civil code took effect on August 30, 1950
- EO 200 was issued by President Aquino on June 1987 which provided that pursuant to the ruling in Tañada v. Tuvera
publication need not be made in the Official Gazette, considering its erratic release and limited readership.
- Newspapers for general circulation could better perform the function of communicating the laws to the people—more available, wider circulation, comes out regularly.
- If a statute does not provide for its effectivity, it will only take effect 15days after the completion of its publication. (No one shall be charged under the statute until the completion of the
publication.)
- Statutes may provide for another number of days for publication. The statement “unless otherwise provided” refers only to the 15 days (which can be changed to a different number) and not the requirement of publication. —Publication is indispensable.
Covered Under this Rule:
- Presidential decrees and executive orders by the president in exercise of his legislative powers.
- Administrative rules and regulations if their purpose is to enforce or implement existing law pursuant to a valid delegation.
- City charter must be published even if it is only applicable to a portion of national territory
* Interpretative regulation and those internal in nature need not be published.
Art. 3: Ignorance of the law
excuses no one -- It is the presumption that every person knows the law.Ignorance cannot be put up as a defense because it can always be used causing disorder in society
- This is the reason why publication is an essential element, so that no one can excuse himself or herself for not knowing.
Art. 4: Laws shall not be
retroactive unless provided
-
Statutes are to be construed as having prospective or future operation only it is not meant to be applicable to the past unless it is expressly provided for or is clearly and necessarily implied from the law.Cases when the law may be given retroactive effect: 1. The law expressly provides
2. When the law is curative or remedial – meant to cure defects in order to enforce existing obligations. To enable people to carry into effect what they intended in the obligation but could not due
to some statute. Not meant to impair obligation or affect vested rights.
3. When the law is procedural – when it deals with procedure it applies to all actions, which have accrued, or pending and future actions.
Ex. When the legislature provides that all bills should under go 4 readings instead of 3. This affects all bills that have been created and even those already undergoing readings.
4. When the law is penal in character and is favorable to the accused.
Art. 5: Acts committed against mandatory and prohibitory laws shall be void.
MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts that are mandatory in the law, it renders the proceeding or acts to which it relates as illegal or void.
Ex. The law provides “ The action to revoke the donation under this article must be brought within 5 years from the time the decree of legal
separation has become final.” (Article 64, Family Code)
PROHIBITORY LAWS: Those that one is not supposed to do. Couched in negative terms.
Ex. The law provides that “ No legal separation may be decreed unless the court has taken steps towards reconciliation.” (Article 59, Family Code)
Art. 6: Waiver of Rights - Rights may be waived unless it is contrary to law, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law.
- The right must exist at the time of the waiver. Requisites:
1. The person knows that a right exists
2. Has adequate knowledge upon which to make an intelligent decision
3. Knowledge of the facts related to the right to be waived
4. Must be shown that the waiver is made knowingly and intelligently - Rights provided for in statutes can generally be waived unless the object of the statute is to protect or promote public interest
Examples of what cannot be waived:
1. Waiver against the right to purchase land.
2. Waive an action against future fraud
3. Waive right to receive less than the compensation a worker is to receive under the law.
Art. 7: Repealed Laws - Laws are repealed only by subsequent ones
- Between a law and the Constitution, the latter prevails
contrary to laws or the Constitution
REPEAL: legislative act of abolishing a previous statute through a new law
- Where a portion of a statute is rendered unconstitutional and part is valid the arts may be separated if they can stand independently of one another.
Art. 8: Judicial decisions form
case laws - Judicial decisions, applying and interpreting laws and the Constitution, assume the same authority as laws. Art. 9: Responsibility of the
courts - Judges must not evade performance of their responsibility because of an apparent non-existence or vagueness of a law governing a particular legal dispute.
Art. 10: It is presumed that the lawmaking body intended right and justice to prevail
- The court must first apply the law, only when there is ambiguity in its application should there be any kind of interpretation.
- The interpretation should be in line with the intent of the legislature or the end sought to be attained.
Art. 11: Customs
Art. 12: Customs must be proved accdg. to the rules of evidence.
CUSTOM: a rule of conduct formed by repetition of acts, uniformly observed as a social rule, which is legally binding and has obligatory force.
JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law unlike a social custom, which cannot do so.
Art. 13: Years, days, months Years: 365 days each
Months: 30 days – if designated by their name, they shall be computed by the number of days that they respectively have
Hour: 24 hours
Nights: Sunset to sunrise
- In computing a period first day exclude last day included
Art. 14: Penal laws - All citizens or foreigners who sojourner are subject to all penal laws and laws meant for public security and safety.
-Exception:
Foreigners who are immune from suit and thus cannot be charged (diplomatic agents)
Art. 15: Nationality rule - Regardless of where a citizen of the Philippines might be he or she will still be governed by Philippine laws when it comes to family rights, duties, or to his or her legal status and legal capacity,
Thus a Filipino cannot get a divorce even if he or she goes abroad, since divorce is not recognized in the Philippines Art. 16: Real & Personal
and intrinsic validity of the succession it shall be regulated by the law of the person whose succession is being considered
regardless of where the property is to be found. Art. 17: Forms and Solemnities
of contracts/will, acts done before consular officials, prohibitive laws
Extrinsic validity: the laws shall govern the forms of contracts and wills where they are made. Thus a will made in the U.S. must follow the laws regarding the forms of wills in the U.S.
Acts before Diplomatic and Consular Officials: Any act or contract made in a foreign country made before the diplomatic and consular officials must also conform to Philippine laws. This is because in the premises of a diplomatic office the foreign country waives its jurisdiction so the Philippine laws govern in the premises of the Philippine Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their acts and those meant for public order, public policy, or good customs will continue to be in effect even if the person is in a different country with different laws.
Ex. A Filipino gets married to 2 women in another country where bigamy is legal, the second marriage is void since bigamy is not permitted in the Philippines.
Art. 18: Deficiency in the Code
of Commerce and special laws - When there are deficiencies in the Code of Commerce and Special Laws the civil code will govern such deficiency. Ex. In the Code of Commerce there is no stated prescription date for a certain act, thus the provisions on prescription in the civil code will govern.
- However one must check the kind of transaction at hand and whether the civil code provision is applicable
Ex. In a previous case, the Carriage of Goods by Sea Act there is a one year prescription for making a claim for loss or damage and the plaintiff believed that he could extend the prescriptive period by giving a written demand pursuant to Art. 1155 of the civil code, especially since the civil code is meant to be supplementary according to Art. 18. However the Supreme Court ruled that it was not applicable because when it comes to matters of goods in transport it is desirable that it be resolved at once taking into consideration the nature of the goods.
HUMAN RELATIONS Art. 19: Abuse of right
- It is a rule of conduct that is meant to create a harmonious and orderly relation ship between people
under these articles an act, which causes injury to another, may be made the basis for an award for damages.
Art. 20: willfully or negligently
causes damage to another - Speaks of the general sanction for all other provisions of law, which do not especially provide their own sanction. - Designed to fill in the countless gaps in the statues, which leave many
victims without recourse. Art. 21: Contrary to good
customs, morals, or public policy
Elements:
1. There is an act which is legal
2. But which is contrary to morals, good customs, public order, public policy 3. And it is done with intent to injure
- Presupposes material or other loss which one may suffer as a result of another person’s act
Art. 22: One who comes into the possession of another is obliged to make restitution Art. 23: Even if the act was not due to ones fault or negligent he is still liable for indemnity if he was benefited.
UNJUST ENRICHMENT: one should not unduly profit on something which he does not own
- Thus if one is benefited at the expense of another, he must pay or indemnify the other for what he has gained.
Art. 24: Protecting the rights of the disadvantage
It is the courts duty to render justice and give protection on account of those who are disadvantage due to moral dependence, ignorance, indigence (poverty), mental weakness, tender age or other handicap.
Art. 25: Extravagance during acute public want or
emergency
The courts at the instance of the government or any private charitable institution can order one to stop extreme spending during times of emergency.
Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline to power his private amusement park. –the court may order him to seize such at the instance of the government or charitable institution to prevent such in times of emergency.
Art. 26: Respect privacy of others. Respect for human dignity
- Meant to enforce the right of one to his privacy in one’s own home, religious freedom, prevent moral suffering, vexation, humiliation,
Art. 27: Public servant refuses or neglects to do his duty without just cause
- One may file an action for damages against the officer who does not perform his official duty without just cause.
- A public officer who commits a tort or other wrongful act is still liable to the victim.
*If the officer is no day off, then one cannot file an action against him. Art. 28: Unfair competition - Necessary to promote a system of free enterprise and a fair chance for others to
engage in business and earn a living. Art. 29: Civil action when guilt
is not proved beyond reasonable doubt
- If in a criminal case, the accused is not proven guilty beyond reasonable doubt a civil action may be made and the degree of proof necessary is only a
preponderance of evidence which means that more evidence is adduced to prove the guilt of the accused compared to that to defend him.
Art. 30: Civil obligation arising
from a criminal offense - A civil obligation arising from a criminal offense only needs a preponderance of evidence as the quantum of proof, Art. 31: Civil obligation not
arising from the felony
- Usually a criminal proceeding, if commenced, must be terminated before a civil proceeding can begin. If a civil proceeding has begun and later on a criminal proceeding is filed, the civil proceeding is put on hold until the criminal proceeding has finished.
- However when the civil obligation is separate from the crime committed it may proceed independently of the criminal proceeding.
- Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is based from the breach of the contractual obligation of all common carriers to take extra diligence in driving his passengers. The criminal action here is based on the driver’s criminal negligence. The first is governed by the civil code and the second is from the Revised Penal Code.
Art. 32: Civil action for violation of constitutional rights
- Necessary to have an absolute separate and independent civil action for the violation of civil liberties for the effective maintenance of democracy.
Art. 33: Civil action for
violation of private rights - Principle is to allow the citizen to enforce his rights regardless of State action so that citizens will not depend upon the government for the vindication of their own private rights.
- Includes fraud, defamation, physical injuries and are understood in their ordinary sense.
*Criminal negligence (reckless imprudence) is not included in this article, thus an independent action for such cannot be made independently from the criminal prosecution. Art. 34: Members of the Police
Force - When there is danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible.
- An independent civil action can be instituted wherein a preponderance of evidence is all that is required.
Art 35: Reservation of civil
action - When a person claiming to be injured by a criminal offense, charges another but the judges fails to find any crime to have been committed or if the prosecuting attorney refuses/fails to institute criminal proceedings
Art. 36: Prejudicial Questions - The general rule is that the criminal case takes precedence; an exception would be if there exist prejudicial questions, which should be resolved before the criminal case.
PREJUDICIAL QUESTION: That which must precede the criminal action that which requires a decision before a final judgment is rendered in the principal action where the said question is closely connected. The resolution of the Prejudicial question will determine if the criminal action may proceed.
Ex. A and B got married. B then married C. A filed a case for bigamy against B. B also filed a civil case against C (the second spouse) contending that she was intimidated into marrying C. The civil case to determine whether there was intimidation or not must necessary be resolved before the bigamy case. If B was indeed intimidated in marrying C, there is no bigamy.
CIVIL PERSONALITY: GENERAL PROVISIONS Art. 37: Juridical Capacity and
Capacity to Act. JURIDICAL CAPACITY: fitness to be the subject of legal relations, inherent in every person and is lost only through death. - Acquired when one is conceived (rights of the unborn child)
CAPACITY TO ACT: power to do acts with legal effect, may be acquired of lost - Acquired when one reaches the age of majority, lost in cases like civil interdiction1.
Art. 38: Restrictions on the capacity to act
Art. 39: Modification or limit capacity to act
Restrictions on the capacity to act: Minority, insanity or imbecility, state of being a deaf-mute, prodigality, and civil interdiction are mere restrictions on the capacity to act. – Do not exempt the person from certain obligations.
Modify/limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency, and trusteeship.
* Both men and women are qualified from all acts of civil life when they reach the age of majority (18 years old)
NATURAL PERSONS
Art. 40: Commencement of Civil personality
Art. 41: conditions to determine when the child is considered conceived.
- Birth determines personality but the conceived child shall be considered born for all purposes that are favorable to it. Provided that the conceived child is later born with the conditions in Art. 41.
- The fetus is considered born if it is alive from the time it was completely delivered from the mother’s womb. BUT if the fetus was alive in the womb for less than 7 months it is not deemed born if it dies within 24 hours it is delivered form the womb.
-For purposes of inheritance and succession, a child conceived at the time of death of the decedent can s
Art. 42: Civil personality - Death puts an end to civil personality
1An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or
extinguished at death - Dead person continues to have personality only through contract, will, or as determined by law. – Creditors can still claim from the estate of the deceased any obligation due to them.
- No human body shall be buried unless the proper death certificate has been presented and recorded however during an epidemic bodies may be buried provided that the death certificate be secured within 5 days after the burial.
Art. 43: Doubt between the
death of two or more persons - Applies to persons who are called to succeed each other like mother and child. (Necessary to determine the amount of inheritance one is to receive, transmission of rights, etc.)
- If there is no proof as to who died first, they are presumed to have died at the same time and thus no transmission of rights from one to the other.
- Proof of death cannot be established from mere inference or presumptions. It must be established by clear positive evidence. JURIDICAL PERSONS
Art. 44: Who are juridical persons
Art. 45: What governs juridical persons
Art. 46: Rights and obligations of juridical persons
JURIDICAL PERSON: Being of legal existence susceptible of rights and obligations.
1.
State: organized corporate society under a government with the legal competence to exact obedience of its commands. It can enter into treaties and contracts.- The state cannot be sued without its consent (implied or expressed)
2.
Political subdivisions: municipal corporations that consist of provinces, cities and municipalities. They can be sued because it is granted by their charters but they are generally not liable for torts committed in the discharge of their governmental functions.3.
Corporation: An artificial being created by operation of law and has the powers and attributes granted to it by the law, which created it.4.
Partnership: 2 or more persons bind themselves to make contributions to a common fund with the intention of dividing the profits among themselves.*Corporations, partnerships, and associations for private interest and purpose may be granted a separate and distinct personality from the shareholders or members (this is known as the veil of corporate fiction). However, this veil may be pierced, thus making the shareholders and members liable, when the fiction is used to defeat public convenience, justify wrong, protect fraud, defend crime,
perpetrate deception, etc.
*State and political subdivisions, other corporations, institutions, and entities for public interest or purpose are governed by the laws creating them.
*Private corporations are regulated by laws of general application on the subject *Partnerships are governed by the provisions of this Code concerning
partnerships
*Juridical persons may acquire and possess property of all kinds and incur obligations in conformity with the laws and regulations of their organization. Art. 47: Dissolution of
corporations - Upon the dissolution of such entities mentioned above, their properties and other assets should be disposed of in pursuance of law or the charter creating it.
- If there is nothing in the law, it shall be applied for a similar purpose for the benefit of the region/province/city it is in.
CITIZENSHIP AND DOMICILE Art. 48: Who are
citizens of the Philippines Art. 49: Naturalization and reacquisition of loss citizenship Art. 50: Domicile of natural persons
Citizens of the Philippines:
1. Those who are citizens at the time of the adoption of the Philippine Constitution.
2. Those born in the Philippines, before the adoption of the said constitution, with foreign parents who have been elected to public office in the Philippines. 3. Those whose Fathers are Filipino
4. Those whose mothers are Filipino and elect Philippine Citizenship when they reach the age of majority.
5. Those who are naturalized
DOMICILE: Fixed permanent resident, a place wherein, although one may be absent from, one still has the intention of returning and remaining for an unlimited time. There is only one domicile.
- A minor follows the domicile of his parents Change in Domicile:
1. An actual removal or an actual change or domicile
2.
A bona fide intention of abandoning the former domicile and establishing a new one.3. Act, which correspond with the purpose (physical presence in the area, move family in area, register as a voter in the area, etc.)
RESIDENCE: Indicates a place of abode whether permanent or temporary, not necessarily the domicile. There may be more than one residence.
Jus Sanguinis: Refers to citizenship by blood. This is the concept followed in the
Philippines.
Jus Soli: Refers to citizenship on the basis of the place of birth Acquisition of Citizenship: for a foreigner to be able to become a Philippine citizen, a proper petition shall be filed in the proper court.
Ground for Reacquisition of Citizenship:
1.By naturalization
2.Repatriation of deserters of the Army, Navy or Air Corps.
(Woman who has lost her citizenship by reason of marriage to an alien may be repatriated after the termination of her marital status)
Art. 51: Domicile of juridical person
- When the law creates or recognizes a juridical person but doesn’t fix the domicile it shall be understood to be the place where it has legal representation
THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article Summary of Annotation Additional
Info/Exceptions/Connected with:
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:
-Marriage is one of the “basic civil rights of man.” The freedom to marry has been recognized as a vital personal right towards the pursuit of man’s happiness.
-Still considered as a special civil contract regulated by law due to the high state interest in protecting and safeguarding the family.
-A contract to marry, unlike other contracts, 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.
-A subsequent marriage between the rapist and raped victim extinguishes the criminal action or penalty of the rapist. In case of marital rape2
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.
Marriage in International Law: men and women of full age without any limitation due to race, nationality or religion have the right to marry and found a family.
1. Universal Declaration of Human Rights
2. International Covenant on Economic, Social and Cultural Rights
3. International Covenant on Civil and Political Rights.
*Marriage as a special contract cannot be restricted by discriminatory policies of private individuals or corporations. MAIL-ORDER BRIDE: considered as a criminal offense because marriage is vested with public interest. (Connected with the Anti-Trafficking Act)
Acts punished:
1. Carry on such a business 2. To advertise the promotion of such acts.
3. Solicit or attract or any Filipino woman to become a member in a club that matches women for marriage to foreign nationals for a fee.
4. Use the postal service to promote the prohibited acts. VALIDITY OF MARRIAGE: governed by the law effective at the time of the celebration of the marriage.
2Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime
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:
1. Legal capacity of the contracting parties who must be a male and female.
2. 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:
1. Must be freely given
2. 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.
Sex change: has not been shown that sex reassignment surgery would allow one to produce human beings. Thoughts to ponder: Marriage should no to be enjoyed only by heterosexual couples. The right to marry, found a family, identity, personality are all rights of human beings. *Parties must be personally present, proxy marriages is prohibited in the Philippines.
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
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. 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.
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
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.
Chapter 2 Title 1 of Family Code: exempt from license
1.
Article 27: Both parties are in articulo mortismarriage will be valid even if the ailing party survives.
2.
Article 28: Residence is in a remote place• In both cases 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.
3.
Article 33: Marriages among Muslims or ethniccultural communities, as long as performed in accordance with their customs, rites, practices.
4.
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.
5. 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.
*Presumption leans towards the legality of the marriage thus the authority of the officer is presumed absence the showing any proof to the contrary.
Merely Irregularities in marriage license:
1. Marriage license was made in a different place other than their residence.
2. Name stated therein is different or misspelled 3. Misrepresentation of
age (but has to be emancipated—18 years and above) 4. Non-disclosure of prior
marriage and divorce 5. Falsely stated that he
or she had not been previously married. 6. Falsely swore that he
or she is not under guardianship. * If the couple have a valid marriage license but forgot to bring it then marriage will be valid (but if they don’t have one and procured one after the marriage ceremony the marriage will be void) * Common law marriages,
of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which hall 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.
which are non-ceremonial, are not recognized in the
Philippines.
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 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
3. Any ship captain or airplane chief in cases 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
- 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,
* Stopovers during a flight or voyage are still considered part of the journey.
*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, which recognizes international comity.
GOOD FAITH OF PARTIES: if the person who solemnized the marriage did not legally
in the cases mentioned in Article 32 or 5. Any consul-general, consul or vice consul in
the case provided in Article 10.
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.
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
(ignorance of the law excuses no one)
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,
- Not mandatory but directory in nature.
- Its non-compliance will not make the marriage void but will only cause civil, criminal, or
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.
administrative liability. Exceptions to venue stated:
1. When the marriage is in articulo mortis 2. When the marriage is in a remote place
(transportation etc. is difficult to come by) 3. 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:
1. Full name of the contracting parties 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
10. Full name, residence and citizenship of the guardian or person having charge, in case the
- 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)
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.
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.
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
- 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)
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.
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.
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
- 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. 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
- 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.
-issued after the completion of 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.
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.
- 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:
1. The courts direct civil registry to refuse giving out the license 2. When the requited
certificate of legal capacity of foreigners is not given (Art. 21)
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
- 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
* The civil registry cannot issue a license without the certificate of legal capacity however if the civil registry
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.
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.
does issue the marriage will still be valid.
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.
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
*Presumption is always in the validity of marriage. Proofs of marriage: 1. Marriage contract or certificate 2. Photocopies of the certificate or contract from the local civil registry 3. Family bible 4. Baptismal, birth certificates of kids 5. Judicial decisions 6. Testimonies of parties, witness, solemnizing officers 7. Cohabitation and conduct
mentioned in Article 8. 8. Statement in a will * A certificate of marriage made years after the marriage is inadmissible as evidence. 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.
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
- The local civil registrar is the government official charged with the preparation and the keeping of all the official documents.
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
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)
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
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 recognizes 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.
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.
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 - This envisions a situation wherein the residence of
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.
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 officer here 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 acommissioned 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
- 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 to investigate shall not invalidate the marriage.
Matters that don’t 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:
(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 covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing 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.
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.
Void Marriage Voidable
Can’t be a source of rights Can be source of rights Can’t be ratified Ratified by prescription or
cohabitation
Can be attacked collaterally. Can only be attacked directly Can be questioned after death
of parties
Only assailed during lifetime of parties
Action for nullity has no
prescription Action prescribes
- 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. History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into consideration. Gender Roles: ability of men to provide and ability of women to care for the
household.
18 for both: No significant difference in terms of maturity of male and female. Science shows below 18 leads to unsafe pregnancies.
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. Art. 36: A marriage contracted by any party who, at the
time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
Psychological incapacity to comply with the essential marital obligation of marriage at the time of marriage, even if it becomes manifest after the solemnization of the marriage.
- Not defined and thus left on a court-to-court basis. A person may actually be efficient in
P.I. Insanity
Cannot be
cured Can be cured No consent
