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Marriage is more than a contract (pledge, rules

and penalties, focuses on the agreement).


It is a contract on persons entering into marriage
motivated by love.
Politeism madaming kultura.
In physical manifestation, circumcision. (Judaism)
A. Relationship I will be your God and you
will be my people. Refers to relationship
between God and man.
B. Fidelity God showed his unwavering
fidelity in spite of the Israelites
unfaithfulness. By its very nature,
conjugal love requires the inviolable
fidelity of the spouse. This is the
consequence of the gift of themselves
which they make to each other. Read
CCC No. 1646
C. Friendship A covenant that is entered
into by persons based on a special
friendship. A dynamic, alliance, an openminded commitment.
Essential properties of Marriage
Good and requirements of conjugal love. Read
CCC No. 1643-1654
A. Unity and Indissolubility of marriage So
they are no longer two but one fleshMatthew
19:6,
Genesis
2:24.
Exclusiveness enriched by fidelity A
lifetime commitment.
B. The fidelity of conjugal love. Conjugal love
requires the inviolable fidelity of spouses.
The deepest reason found in the fidelity of
God for his covenant in that of Christ to
his church. Yet there are some situations
in which being together, becomes
practically impossible for a variety of
reasons. In such cases the Church
permits the physical separation of the
couple and their living apart. The spouses
do not cease to be husband and wife
before God and so are not free to contract
new union.

C. Openness to Fertility By its very nature,


the institution of marriage is ordered to the
procreation and education of the offspring
and it is in them that it find its crowning
glory. The fruitfulness of conjugal love
extends to the fruits of the moral, spiritual
and supernatural life that parents hand on
to their children. In this sense, the
fundamental task of marriage and family
is to be at the service of love.
Marriage as a sacrament (sign of invisible
grace).
A. Marriage as a sign and symbol. The
couple, mutual gift (talents, abilities,
capabilities) and acceptance of each
other (uniqueness) is the sign. The
element of the sacrament is matrimony.
B. Marriage as the saving presence of
Christ. Christians entering into a
relationship would not be possible without
Christ. There is an old saying that Christ
is the center of the marriage life, but some
says nasa harap, likod, kaliwa at kanan si
Christ. Thru Christ the couples see each
other a blessing and a savior in their own
little ways. Christs presence saves
marriage from temptations, dishonesty
and the like.
C. Saving grace.
Marriage as a celebration and a vocation.
A. Marriage as celebration. It must be done
publicly in a ceremony attended by
spouses, families and friends. After the
marriage ritual, a celebration is observed
and repeated in order to thank everyone
who in way or another, became part of the

Canon Law.
Marriage is from God. Marriage is also part of
Gods saving plan.

God intended the natural human love between


man and woman to be a sign value of his own
faithful and providential love.
Accordingly, Christ effectively restored the original
order of creation disturbed by sin, thus spouses
are strengthened by grace to be faithful to each
other and to their covenant with God.
The contracting parties do not set the terms of the
agreement that established the conjugal and
family live nor could they terminate the contract at
their will.
Creedal statement. Canon law applies the
principles of faith and morality to concrete
situations in the experience of the baptized
catholics.
The family code of the Philippines applies to all
Filipinos for as long as they have not renounced
Filipino citizenship.
Article 1. Marriage is a special contract of
permanent union between a man and a woman
entered into in accordance with 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.

Marriage is a state of life in the Church so that it is


entered with certainty / validity and the public
character I do witnessed, helping spouses
remain faithful to it, like Christ to the church.
Consummation is the completion of consent by
which the spouses mutually give themselves to
each other.
1. Valid
a. Ratified (Ratum Tatum)
b. Ratified and Consummated
(Ratum et Consummatum):
Parties have performed between
themselves
2. Invalid
a. In bad faith
b. In good faith or putative.
Void marriages. Voidable marriages. Law on
Marriage study. Requisites and elements like
consent and age. Marriage license. Duly
authorized officer.
There is no secret marriage there are always
witnesses even in civil.
Advantages and disadvantages of civil and church
wedding.
Civil wedding number one reason nabuntis na
kaya nagpapakasal na sa civil.

Muslims are governed by their Shariah law.

Then ung ovulation cycle.

Both codes recognize as valid the natural


marriage among indigenous peoples as
celebrated in their own rituals and traditions.

<<Sa dulo ng document nag-add ako ng


supporting notes.>>

Marriage is either valid or invalid because the


covenant made by the couple between then and
with God who sacrifices and blesses their intimate
union to a sacrament.

----- PRELIMS PART LAST discussion TOPIC


pero di nasama sa exam at sa ppts na ibinagay
your choice to study or not, just in case. -------

That covenant made with God can never be


revoked because of its sacramentality.

Reaching out in love


1. Nature

2. Kinds
a. Sensible or love of desire
physical attraction leading to
satisfy ones biological needs,
just like animals.
b. Rational love Related in mens
spirituality and openness to being
a personal response to the nature
and worthy of the other
i. Concupiscent carnal,
libidious, lustful, rampant
ii. Benevolent charitable,
human, philanthropic,
liberal, generous, tender.
3. Cardinal virtues prudence, temperance,
justice, fortitude.
Nature of love is personal.
1. Affective - passionate
2. Relational exclusive husband and wife,
sensual or sexual.
a. Communal parents, siblings
b. Positive effect to community
c. Extended
d. Abused when we are
emotionally unstable, if we fail to
understand the nature of love
e. Spiritualized image and
likeness to God
f. Religious.
Love, what is it?
To love is to will the good of another. Lastly,
makes friendship stronger.
Only the good can be loved, so that is the single
active, the changing power in man that enables
him to be or to do what would not naturally do on
his own.

--- side notes to support the kulang part


1643 "Conjugal love involves a totality, in which all the
elements of the person enter - appeal of the body and
instinct, power of feeling and affectivity, aspiration of the

spirit and of will. It aims at a deeply personal unity, a unity


that, beyond union in one flesh, leads to forming one heart
and soul; it demands indissolubility and faithfulness in
definitive mutual giving; and it is open to fertility. In a word it
is a question of the normal characteristics of all natural
conjugal love, but with a new significance which not only
purifies and strengthens them, but raises them to the extent
of making them the expression of specifically Christian
values."150
The unity and indissolubility of marriage
1644 The love of the spouses requires, of its very nature, the
unity and indissolubility of the spouses' community of
persons, which embraces their entire life: "so they are no
longer two, but one flesh."151 They "are called to grow
continually in their communion through day-to-day fidelity to
their marriage promise of total mutual self-giving."152 This
human communion is confirmed, purified, and completed by
communion in Jesus Christ, given through the sacrament of
Matrimony. It is deepened by lives of the common faith and
by the Eucharist received together.
1645 "The unity of marriage, distinctly recognized by our
Lord, is made clear in the equal personal dignity which must
be accorded to man and wife in mutual and unreserved
affection."153 Polygamy is contrary to conjugal love which
is undivided and exclusive.154
The fidelity of conjugal love
1646 By its very nature conjugal love requires the inviolable
fidelity of the spouses. This is the consequence of the gift of
themselves which they make to each other. Love seeks to
be definitive; it cannot be an arrangement "until further
notice." The "intimate union of marriage, as a mutual giving
of two persons, and the good of the children, demand total
fidelity from the spouses and require an unbreakable union
between them."155
1647 The deepest reason is found in the fidelity of God to
his covenant, in that of Christ to his Church. Through the
sacrament of Matrimony the spouses are enabled to
represent this fidelity and witness to it. Through the
sacrament, the indissolubility of marriage receives a new
and deeper meaning.
1648 It can seem difficult, even impossible, to bind oneself
for life to another human being. This makes it all the more
important to proclaim the Good News that God loves us with
a definitive and irrevocable love, that married couples share
in this love, that it supports and sustains them, and that by
their own faithfulness they can be witnesses to God's faithful
love. Spouses who with God's grace give this witness, often
in very difficult conditions, deserve the gratitude and support
of the ecclesial community.156

1649 Yet there are some situations in which living together


becomes practically impossible for a variety of reasons. In
such cases the Church permits the physical separation of
the couple and their living apart. The spouses do not cease
to be husband and wife before God and so are not free to
contract a new union. In this difficult situation, the best
solution would be, if possible, reconciliation. The Christian
community is called to help these persons live out their
situation in a Christian manner and in fidelity to their
marriage bond which remains indissoluble.157
1650 Today there are numerous Catholics in many countries
who have recourse to civil divorce and contract new civil
unions. In fidelity to the words of Jesus Christ - "Whoever
divorces his wife and marries another, commits adultery
against her; and if she divorces her husband and marries
another, she commits adultery"158 The Church maintains
that a new union cannot be recognized as valid, if the first
marriage was. If the divorced are remarried civilly, they find
themselves in a situation that objectively contravenes God's
law. Consequently, they cannot receive Eucharistic
communion as long as this situation persists. For the same
reason, they cannot exercise certain ecclesial
responsibilities. Reconciliation through the sacrament of
Penance can be granted only to those who have repented
for having violated the sign of the covenant and of fidelity to
Christ, and who are committed to living in complete
continence.
1651 Toward Christians who live in this situation, and who
often keep the faith and desire to bring up their children in a
Christian manner, priests and the whole community must
manifest an attentive solicitude, so that they do not consider
themselves separated from the Church, in whose life they
can and must participate as baptized persons:
They should be encouraged to listen to the Word of God, to
attend the Sacrifice of the Mass, to persevere in prayer, to
contribute to works of charity and to community efforts for
justice, to bring up their children in the Christian faith, to
cultivate the spirit and practice of penance and thus implore,
day by day, God's grace.159
The openness to fertility
1652 "By its very nature the institution of marriage and
married love is ordered to the procreation and education of
the offspring and it is in them that it finds its crowning
glory."160
Children are the supreme gift of marriage and contribute
greatly to the good of the parents themselves. God himself
said: "It is not good that man should be alone," and "from the
beginning (he) made them male and female"; wishing to
associate them in a special way in his own creative work,

God blessed man and woman with the words: "Be fruitful
and multiply." Hence, true married love and the whole
structure of family life which results from it, without
diminishment of the other ends of marriage, are directed to
disposing the spouses to cooperate valiantly with the love of
the Creator and Savior, who through them will increase and
enrich his family from day to day.161
1653 The fruitfulness of conjugal love extends to the fruits of
the moral, spiritual, and supernatural life that parents hand
on to their children by education. Parents are the principal
and first educators of their children.162 In this sense the
fundamental task of marriage and family is to be at the
service of life.163
1654 Spouses to whom God has not granted children can
nevertheless have a conjugal life full of meaning, in both
human and Christian terms. Their marriage can radiate a
fruitfulness of charity, of hospitality, and of sacrifice.

Canon 1055.1 The marriage covenant, by which a


man and a woman establish between themselves
a partnership of their whole life, and which of its
own very nature is ordered to the well-being of the
spouses and to the procreation and upbringing of
children, has, between the baptised, been raised
by Christ the Lord to the dignity of a sacrament.
Canon 1055.2 Consequently, a valid marriage
contract cannot exist between baptised persons
without its being by that very fact a sacrament.
Canon 1056 The essential properties of marriage
are unity and indissolubility; in christian marriage
they acquire a distinctive firmness by reason of the
sacrament.
Canon 1057.2 Matrimonial consent is an act of will
by which a man and a woman by an irrevocable
covenant mutually give and accept one another for
the purpose of establishing a marriage.
Canon 1061.1 A valid marriage between baptised
persons is said to be merely ratified, if it is not
consummated; ratified and consummated, if the
spouses have in a human manner engaged
together in a conjugal act in itself apt for the
generation of offspring. To this act marriage is by

its nature ordered and by it the spouses become


one flesh.
Canon 1061.2 If the spouses have lived together
after the celebration of their marriage,
consummation is presumed until the contrary is
proven.
Canon 1061.3 An invalid marriage is said to be
putative if it has been celebrated in good faith by
at least one party. It ceases to be such when both
parties become certain of its nullity.
and protecting their conjugal covenant, they may
day by day achieve a holier and a fuller family life.
Canon 1065.1 Catholics who have not yet
received the sacrament of confirmation are to
receive it before being admitted to marriage, if this
can be done without grave inconvenience.
CHAPTER VIII: THE EFFECTS OF MARRIAGE
Canon 1134 From a valid marriage there arises
between the spouses a bond which of its own
nature is permanent and exclusive. Moreover, in
christian marriage the spouses are by a special
sacrament strengthened and, as it were,
consecrated for the duties and the dignity of their
state.
Canon 1135 Each spouse has an equal obligation
and right to whatever pertains to the partnership of
conjugal life.
Canon 1136 Parents have the most grave
obligation and the primary right to do all in their
power to ensure their children's physical, social,
cultural, moral and religious upbringing.
Canon 1137 Children who are conceived or born
of a valid or of a putative marriage are legitimate.
CHAPTER IX: THE SEPARATION OF THE
SPOUSES ARTICLE 1: THE DISSOLUTION OF
THE BOND
Canon 1141 A marriage which is ratified and
consummated cannot be dissolved by any human
power or by any cause other than death.

Canon 1142 A non-consummated marriage


between baptised persons or between a baptised
party and an unbaptised party can be dissolved by
the Roman Pontiff for a just reason, at the request
of both parties or of either party, even if the other
is unwilling.
Article 35 of the Family Code provides that the
following marriages are 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 the
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 under the preceding Chapter;
(4) Those bigamous or polygamous marriages not
falling under Article 41;
(5) Those contracted through mistake of one
contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void
under Article 53.
What are the essential requisites that make a
marriage valid?
(1) Legal capacity of the contracting parties who
must be a male and a female; and
(2) Consent freely given in the presence of the
solemnizing officer.
What are the formal requisites of marriage?
The formal requisites of marriage according to
Article 3 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 two
witnesses of legal age.

What is the effect if an essential or formal requisite


is absent?
The absence of any of the essential or formal
requisites renders the marriage void ab initio,
except as stated in Article 35 (2).
What is the effect if any of the essential requisites
is defective?
A defect in any of the essential requisites does not
affect the validity of the marriage but the party or
parties responsible for the irregularity will be
civilly, criminally and administratively liable.
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 cancelled 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 (65a) (Family Code of the Philippines).

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