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Essential Requisites
a. Legal capacity of the contracting parties who must be a male
and a female
a.1 18years of age or over
a.2 Not under any impediments mentioned in Articles
37 and 38
b. Consent freely given in the presence of the solemnizing
officer
2. Formal Requisites
a. Authority of the solemnizing officer
b. Valid marriage license XPT
b.1 In ariculo mortis Airplane, ship, military
b.2 Remote place
b.3 Muslims and members of ethnic community
PROVIDED accrdg to their customs, rites and
practices
b.4 Man and woman cohabitating as husband and wife
for at least 5years and without the benefit of
marriage and not under any legal impediment to do
so affidavit
c. Marriage ceremony where contracting parties appear before
the solemnizing officer and their personal declaration before
a solemnizing officer that they take each other as husband
and wife in the presence of at least 2 witnesses of legal age
(Art6 Marriage Contract)
1.
VOIDABLE MARRIAGES
*MUST be present at the time of marriage
GROUNDS
RATIFICATION
PERSON WHO MAY FILE
Prescription Parent / guardian did
Parent or guardian whose consent was
not file for annulment
not obtained
One of the contracting parties did not
obtain parental consent
Free cohabitation after attaining age of Contracting party without Parental
21
consent
Relative, parent, guardian or person
having legal charge of the insane
spouse
Sane spouse or insane after coming to
Either parties of unsound mind
reason free cohabited as H and W
Sane spouse with no knowledge of
insanity
Insane spouse after coming to reason
Consent of either was obtained
through fraud CONCEALMENT
1. Previous conviction by final
judgment for crime involving
moral turpitude
2. Pregnant at the time of the
Free cohabitation after full knowledge
Party whose consent was vitiated
marriage by another man not
of facts constituting fraud
through fraud
her husband
3. STD regardless of nature and
existing at time of marriage
4. Drug addiction, habitual
alcoholism, homosexuality
and lesbianism
Consent of either was obtained by
Free cohabitation after cessation or
force
disappearance of force, intimidation or Party whose consent was vitiated
intimidation
undue influence
undue influence
Either party was physically incapable
of consummating the marriage and
Prescription
Injured party
incapacity continues or appears to be
incurable
Either party was afflicted with a
sexually transmissible disease which is Prescription
Injured party
serious and appears to be incurable
PRESCRIPTIVE PERIOD
Before contracting party attains 21
Within 5 years after age 21
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
3.
4.
5.
6.
Effects of Reconciliation
Pending dismissed at whatever stage ; terminated LS decree set
aside
2. Sep prop continues UNLESS revived by joint affidavit of spouses
a. Properties to be contributed anew to restored regime
b. Retained as separate properties
c. Names, addresses and amounts owing to each creditor
1.
1.
2.
3.
4.
5.