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Article 1

Marraige is a special contract of permanent union between a manand 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 are not

subject to stipulation, except that marriage settlements may fix

the property relations during the marriage within the limits

provided by this code.

Nature and Importance

Man and woman enter a joint life acting, living, working as one

They become on single moral, spiritual, and social being.

For the purpose of procreation, mutual help, and protection.

One of the basic civil rights of man, fundamental to our existence and survival, essential to the

pursuit of happiness.

Civil contract that is regulated by law

More than a mere contract, while other contracts can be modified or restricted, it is a special

contractcreated which they cannot change.

basis of social organization, essential to public welfare.

Not just a contract, but a status as well.Marital relations, unlike ordinary contractual relations is regarded by the laws as the basis of the

social organization. The preservation of that relation is deemed essential to public welfare.

Marriage is at least a civil contract, with the status and the interest of the State added to it. (Bove

vs Pinciotti)

Not only a contract, but a status and fealty to the State as well.

Protecting Marriage

Marriage cannot be restricted by discriminatory policies of individuals or corporations.

Corporations cannot disqualify from work any woman who contracts marriage.

Mail Order Bride-RA 6955

Law makes it criminal for any person or entity:

1. Establish or carry on a business for the purpose of matching Filipino women for marriage to

foreign nationals through mail or personal introduction

2. Advertise or distribution of any material calculated to promote the prohibited acts in the

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preceding number

3. Solicit any woman to become a member of the association whose objective is to match

them with foreign nationals

4. Use postal service to promote prohibited acts

Trafficking in Women-RA 9208

Section 4: it shall be unlawful for any person to commit:

1. Introduce or match for money or profit, any Filipino woman to a foreign national, for

marriage for the purpose of acquiring, buying, offering, selling or trading him/her to

engage in prostitution, pornography, or sexual exploitation, forced labor, etc.

2. To offer contract marriage, real or simulated for the purpose of the same in the preceding

number.

Marriage between rapist and rape victim

Subsequent marriage of the rapist and raped victim extinguishes the criminal liability imposed for

rape.In case of rape in marriage, the forgiveness of the wife extinguishes the criminal liability.

Provided that the crime shall not be extinguished or the penalty shall not be abated if the

marriage was void ab initio

Marriage as a status

creates a social status or relation between contracting parties

personal union

double status, the status involves and affects two persons.

Marriage in International Law

Recognized fundamental human rightInternational Covenant of Economic, Social and Cultural Rights

International Covenant on Civil and Political Rights

Universal Declaration of Human Rights

Constitutional Protection

State recognizes the sanctity of family life and shall protect and strengthen the family as basic

social in institution. (Art 2 Sec 12)

Marriage is a relationship of the highest importance

Right to marry, establish a home and bring up children is a central part of the liberty protected by

the Due Process clause.

Filipino family is foundation of the nation, strengthen its solidarity and promote its development.

(Art 1 Sec 15)Right to marry is connected with right to associationand then right to privacyMarriage is an association that promotes a way of life.

Constitution does not imply that the Legislature cannot enact a law allowing absolute divorce.

Marriage does not shed the individual rights of a person.

Law insures the absolute freedom of communicationof spouses by making it privileged. They

cannot testify against each other.

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Duncan vs Glaxo: Company may force a employee to resign if he/she marries a person from a

competitor company but it should be with valid reason that company secrets may be

compromised.

Star paper corp. vs Simbol: Corporations cannot force employee for resign if he decide to marry a

fellow employee

Legislative Protection

Marriage, creating the most important relation in life, as having more to do with the morals and

civilisation of a people than any other institution, has always been subject to the control of

legislature.

Three parties to a marriage, two willing spouses and an approving State.

State is also concerned about the sustainability of marriage.

Legislative regulation of marriage must not contravene the Constitution.

Property Relations

Property relations may be fixed prior to the marriage ceremonyMust be in writing, signed and executed by both spouses prior to marriage ceremony.

Validity of Marriage

Validity of marriage is determined by laws in effect when the marriage was contracted.

Nature of marriage celebrated cannot be changed by subsequent amendment to the law

Void marriages can never be ratified.

Article 2

No marriage shall be valid unless these essential requisites are

present:

1. Legal Capacity of the contracting parties who must be male

or female

2. Consent freely given in the presence of the solemnizing

officer.

Legal capacity

18 years old and above

Must not be related to each other (pursuant to Article 37)

Capacity to act is limited by marriage ( A person married has no capacity to marry another unless

his first marriage is nullified)

Except as provided in Art. 41, valid bigamous marriage.

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Must be of different sex

Sex is determined upon birth by looking at the genitals

In some cases where sex cannot be determined at birth due to a disorder, they are deemed

intersex individuals who can choose their sex.

Mere removal of male organs would not change the sex on record

Consent

Freely given

Must be made in the presence of the solemnizing officer

Child shall have prerogative of choosing spouse, parents should not force him to marry somebody

he does not like

Consent to the marriage need not, however, be expressed in any special manner, or any particular

form. So long as there is a manifestation that the contracting parties take each other as husband

and wife.

Sign language is acceptable.

Marriage made in jest is likewise void because there is absolutely no genuine consent on the partof both contracting parties.

Article 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 apperance

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 two

witnesses of legal age.

Authority of Solemnizing Officer- Art. 7

1. Any incumbent member of the judiciary within the court's jurisdiction

2. Any priest, rabi, or minister of any church or religious sectauthorizedby his church or

religious sect and registered with the civil registrargeneral, acting within the limits of the

written authority granted him by his church of religious sect and provided that at least one of

the contracting parties belongsto the solemnizing officer's church or religious sect.

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3. Any ship captain or airplane chiefonly in the 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 in the cases metioned in Article 32.

5. Any consul-general, consul, or vice-consul in the case provided in Article 10.

Authority is presumed

Solemnizing officer is not duty-bound to investigate whether marriage license is duly and regularly

issued

All the solemnizing officer needs to know is that the license bass been issued by the

competent official, and it may be presumed from the issuance of the license that said

official had fulfilled the duty to ascertain whether the contracting parties had fulfilled the

requirements of law.

Marriage license requirement exemptions:

Local civil registrar is too far

Marriage in Articulo Mortis(near the point of death)

Persons living together as husband in wife for 5 years, in such situation the solemnizing

officer is duty-bound to ascertain qualifications

Marriage License

Validityof Marriage license

lifetime of 120 days

Automatically cancelled at the expiration of the 120-day period if the contracting

parties have not made use of it.

cannot be used abroad

Must be issued by the local civil registrar of the place where the marriage application was

filed

Mere irregularities that will not invalidate the marriage

Marriage licensed issued in a place where parties do not reside

Misspelled name or another name usedDeception of the part of the parties in stating the age higher than the actual of 18-21

years. Because marriage in such age requires parental consent.

Deception of one of the parties in stating he/she had a previous marriage or

misrepresented his/her residence.

Absence of 2 witnesses of legal age during the marriage ceremony

Marriage celebrated in a place other the the stipulated place provided in the Family Code

in Art. 8.

Unsworn application for a marriage license

Failure to undergo marriage counselling or show parental advice

Marriage Ceremony

Family code only recognizes ceremonial marriages which are solemnized by authorized persons

Solemnization is important to protect the parties in the rightsflowing therefrom and likewise

protect their offspring or when obligations and rights are an issue.

Minimum requirement of ceremony is the appearance before the solemnizing officer and the

exchange of personal declarations in the presence of not less than two witnesses of legal age.

Declaration need not vocally expressed, it can be shown in the marriage contract

Even if the solemnizing officer did not ask the parties if they take each other as husband

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and wife. As the declaration can be made in writing in the marriage contract.

Marriage certificate is not in itself a formal requisites of marriage

According to the SC, absence of at least two witnesses is merely an irregularity which will not

render the marriage void.

Proxy marriage made in the Philippines is void as only celebrated marriages are recognised.

Article 4

The absence of any of the essential or formal requisites shall

render the marriage void ab initio (from the beginning) , except as

stated in Article 35.

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.

Common law marriages are not valid in the Philippines

Non-ceremonial or informal marriage by agreement of the parties

The family code only recognizes ceremonial marriages. Marriages which are solemnised by

persons duly authorized by the state.

Family code does not prescribe any form of marriage ceremony, the minimum requirement would

be that the contracting parties appear personally before the solemnizing officer and declare the

they take each other as husband and wife in the presence of no less than two witnesses of legal

age.

Absence of two witness will not render the marriage void but it is merely an irregularity.

Absence of any essential or formal requisites render the marriage null and void

Total absence of consent makes the marriage void, vitiated consent merely makes it voidableMarriage license requirement exemptions in Art 27,28,31,32, 33, and 34:

Local civil registrar is too far

Marriage in Articulo Mortis (near the point of death)

Persons living together as husband in wife for 5 years, in such situation the solemnizing

officer is duty-bound to ascertain qualifications

Marriage by proxy of solemnizing officer is void, personally appearance is required.

Absence of authority of the solemnizing officer does not render the marriage invalid if the

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contracting parties believed in good faith that had had authority.

The fact that a party to whom a license is issued is represented therein by a name other than his

true name or had his name spelled wronglywill not invalidatethe marriage solemnised on the

authority of such license.

If the contracting parties commit perjury or deception in acquiring a marriage license by falsemisrepresentation of his age which was however above 18, will not invalidate the marriage.

Defects in the essential requirements of marriage makes it merely voidable or annulable

Defects in the formal requisites does not make a marriage voidable or annulable but criminal, civil

or administrative liability can be incurred.

Article 5

Any male of female of the age of eighteen years or upwards notunder any of the impediments mentioned in Articles 37 and 38,

may contract marriage.

Art 37: Incestuous

Art 38: Against Public Policy

Article 6

No prescribed form or religous rite for the solmenization of the

marriage is required. It shall be necesary, 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 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 witnessesattested by the solemnizing officer.

In case of marriage in articulo mortis(at the point of death), when

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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 shall be attested

by the solemnizing officer.

Authority of solemnising officer is presumed in the absence showing the contrary

Where there is a marriage license, the solemnizing officer is not duty bound to investigate whether

or not the contracting parties have met the requirements for marriage, the marriage license

presumes such requirements have been fulfilled.

In cases where the law exempts the contracting parties from needing a marriage license, the

solemnizing officer is bound to investigate the qualifications of the contracting parties.

Article 7

Marriage may be solemnized by:

1. Any incumbent member of the judiciary within the court's jurisdiction2. Any priest, rabi, or minister of any church or religious sect 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 of religious sect and provided that at least one

of the contracting parties belongs to the solemnizing officer's church or religious sect.

3. Any ship captain or airplane chief only in the 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 in the cases metioned in Article 32.

5. Any consul-general, consul, or vice-consul in the case provided in Article 10.

Judges should be incumbent and act within their court's jurisdiction

If they do not act within their jurisdiction, it is merely an irregularity which will not render

the marriage void.

Minister from a church or religious sect should have:

1. Duly authorizedby his church/religious sect

2. Must act within the limits of the written authoritygranted to him or her by the church

3. Must be registered with the civil registrar general4. At least one of the contracting partieswhose marriage he or she is to solemnize

belongs to his or her church

Their authority comes from the church and state

Ship Captain or Airplane Captain (See Art. 31)

1. Marriage must be in articulo mortis

2. Marriage must be between passengers or crew members

3. Generally the ship must be at sea and the plane in flight. But stopovers are still valid as

they are part of the voyage.

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Military commander (See Art. 32)

1. Must be a military commander of a unit with a rank of at least a second lieutenant

2. He must be a commissioned officer3. Achaplain must be assigned to such unit

4. Chaplain must beabsentat the time of the marriage5. Marriage should be one in articulo mortis6. The contracting parties whether members of the Armed Forces of civilians, must bewithin

the zone of military operations, or a widespread military activity over an area, must not

be a simulated exercise as it requires the absence of civilian authorities.

Consul- general, consul or vice-consul (See Art. 10)

1. Only abroad where such consuls are assigned.

2. Both of the contracting parties should be Filipinos

Exemption: If the marriage between a Filipino and a foreigner was nevertheless

solemnised by such officials and it is recognized as valid there, such marriage is

deemed valid in accordance with Art. 26)

Mayor of a city and municipality is now empowered to solemnized marriages under the Local

Government Code, in his absence the vice mayor or the next ranking sangguniang bayan membermay solemnize marriages as acting mayor

Should be within their jurisdiction

From the time the Local Government Code took effect on January 1, 1992.

Good faith, under Art 35, if the marriage was solemnised by a person not legally authorised to

solemnise a marriage and either of the contracting parties believed in good faith that such

solemnizing officer had such authority, then the marriage shall be considered valid

Good faith and ignorance of the law should be differentiated. Parties may only claim good

faith, if there was a reasonable explanation why they would believe such solemnizing

officer had authority such as if they were enumerated in Art 7 yet for somer reason they did

not have authority.

Clarence Marc TiuPersons and Family Relations

Source: Sta. Maria Book and relevant cases