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Family Relations Reviewer

By: Sheena Rhea T. Faelnar

2. A valid Marriage License except in cases
under Chapter 2 of this Title;
I. Marriage 3. Marriage Ceremony (i.e. appearance of
Is: contracting parties before solemnizing officer
1. a Special Contract and their personal declaration that they take
2. of Permanent Union each other as husband and wife). (Art 3, FC)
3. between a Man and a Woman
4. Entered into in Accordance with law V. ABSENCE, DEFECT, OR
5. for the Establishment of Conjugal and Family IRREGULARITY IN THE REQUISITES
6. It is the Foundation of the Family
ABSENCE of any of the essential or formal
7. and an Inviolable Social Institution
8. Whose Nature, Consequences, ,and Incidents requisites shall render the marriage VOID AB
are governed by Law and not subject to INITIO, (FC Art 4, par. 1) except when it is
Stipulation, solemnized by an unauthorized person with
9. except that Marriage settlements may Fix either or both contracting parties having good
property relations during the marriage within faith that he had authority to do so (FC Art 35,
the Limits provided by this Code. (Art 1, par. 2)
Family Code)
A DEFECT in any of the ESSENTIAL
REQUISITES shall render the marriage
II. Breach of Promise to Marry VOIDABLE (FC Art 4, par. 2).

The the Supreme Court held in one case that An IRREGULARITY in the FORMAL
breach of promise to marry is not an actionable REQUISITES shall NOT AFFECT the validity of
wrong. The fact that the Santos, the woman, the marriage, but the party or parties responsible
agreed to have sexual intercourse with Tanjanco for the irregularity shall be civilly, criminally, and
for a year does not constitute seduction but administratively liable (FC Art 4, par. 3).
mutual passion.

However, in Wassmer v Velez, Velez was held MARRIAGE CEREMONY

liable for the cost of the wedding preparations
spent by Wassmer, because he disappeared two There is no particular form or religious rite
days before the marriage. The Supreme Court required by law.
said that while mere breach is not an actionable MINIMUM REQUIREMENTS BY LAW
wrong, Velez is still liable under Art. 21 of the
Civil Code because he abused his right, thereby 1. The contracting parties appear personally
causing moral and material damages, which before the solemnizing officer
should be compensated. 2. They declare in the presence of at least two
witnesses of legal age,
3. That they take each other as husband and
III. Essential Requisites of Marriage wife;
4. The declaration shall be contained in the
1. Legal Capacity of contracting parties who marriage certificate,
must be Male and Female; and 5. Which shall be signed by the contracting
2. Consent freely given in the presence of the parties and their witnesses and attested by the
solemnizing officer. (Art. 2, FC) solemnizing officer. (Art. 6, FC)
In People v Santiago (51 Phil 68), the In a marriage in articulo mortis, when one or
marriage between Santiago and his niece was both parties are unable to sign the marriage
declared void for lack of consent on the part of certificate, it shall be sufficient for one of the
Santiago. He only got married to her to avoid witnesses to write the name of said party, which
prosecution because he raped her the same shall be attested by the solemnizing officer. (Art
morning that the marriage was solemnized by a 6, par. 2)
Protestant minister. The Supreme Court held
that it was a mere ruse for him to escape criminal PLACES WHERE MARRIAGE MAY BE
liability. CELEBRATED
1. Chambers of the judge or in open court;
IV. Formal Requisites Of Marriage 2. Church, chapel, or temple
3. Office of the Consul-general, consul, or vice
1. Authority of the solemnizing officer; consul, as the case may be. (Art. 8, FC)
Family Relations Reviewer
By: Sheena Rhea T. Faelnar
Exceptions 1. Full name of the contracting party;
Marriage in articulo mortis, in a remote place 2. Place of birth;
(the barrio or barangay should be so located that 3. Age and date of birth;
there is no means of transportation to enable 4. Civil status;
such party to appear personally before the local 5. If previously married, how, when and where
civil registrar Art. 29), or where both of the the previous marriage was dissolved or annulled;
parties request the solemnizing officer in writing, 6. Present residence and citizenship;
in which case the 7. Degree of relationship of the contracting
8. Full name, residence and citizenship of the
marriage may be solemnized at a house or place father;
designated by then in a sworn statement. 9. Full name, residence and citizenship of the
mother; and
10. Full name, residence and citizenship of the
AUTHORITY OF SOLEMNIZING OFFICERS guardian or person having charge, in case the
MARRIAGE MAY BE SOLEMNIZED BY: contracting party has neither father nor mother
and is under the age of twenty-one years (Art.
1. Any incumbent member of the judiciary within 11, FC)
the courts jurisdiction (Art. 7, par. 1);
2. Any priest, rabbi, imam, or minister of any LICENSE REQUIREMENT:
church or religious sect duly authorized by his
church or religious sect; 1. In case one or both contacting parties are at
He/she must be registered with the civil the point of death (in articulo mortis). (Art. 27)
registrar general (CRG). 2. If the residence of either party is so located
He/she must be acting within the limits of the that there is no means of transportation to
written authority granted by the church enable them to personally appear before the
At least one of the parties must be a member local civil registrar. (Art. 28)
of the church or religious sect to which the 3. Marriage in articulo mortis between
solemnizing officer belongs (FC Art. 7, par. 2). passengers or crew members. [May be
solemnized by the ship captain or airplane pilot.]
3. Ship captain or airplane chief (FC Art 7, par. (Art. 31)
3); 4. Marriage in articulo mortis between persons
Can only solemnize marriages in articulo mortis within the zone of military operation. [May be
(when there one or both parties are at the point solemnized by the military commander of the
of death), while the ship is at sea or the plane is unit] (Art. 32)
in flight, or at stopovers or ports of call (FC Art 5. Marriages among Muslims or among members
31). of cultural communities, provided they are
solemnized in accordance with their customs,
4. Any military commander of a unit to which a rites, or practices. (Art. 33)
chaplain is assigned, in the absence of the latter 6. Marriage between a man and a woman who
(FC Art 7, par. 4); have lived together as husband and wife for at
Can only solemnize marriages in articulo mortis least five years, without legal impediment to
between persons within the zone of military marry each other.
operation, whether members of the armed
forces or civilians (Art 32, FC). Marriages Celebrated Abroad (Art. 26)

5. Consul-general, consul, or vice consul (Art. 7, GENERAL RULE:

par. 5) Marriages solemnized outside the RP in
Can solemnize marriages between Filipino accordance with the law of the foreign country
citizens abroad. The issuance of the marriage shall
license and the duties of the local civil registrar be valid in the Philippines (lex loci
shall also be performed by said consular official. celebrationis)
(Art. 10, FC)
6. Mayors (under the Local Government Code, 1. Marriage between persons below 18 years old
found in the Family Code) Art. 35(1)
2. Bigamous or polygamous marriage Art.
MARRIAGE LICENSE REQUIREMENTS FOR 3. Mistake in identity Art. 35 (5)
MARRIAGE LICENSE APPLICATION 4. Marriages void under Article 53 Art. 35 (6)
Family Relations Reviewer
By: Sheena Rhea T. Faelnar
5. Psychological incapacity Art. 36 10.Between collateral blood relatives, legitimate
6. Incestuous marriages Art. 37 or illegitimate, up to the fourth civil degree.
7. Marriage void for reasons of public policy 11.Between step-parents and step-children.
Art. 12.Between parents-in-law and children-in-law.
38 13.Between adopting parent and adopted child.
14.Between the surviving spouse of the adopting
If a Filipino married to a foreigner and the latter parent and the adopted child.
subsequently obtains a valid divorce abroad 15.Between the surviving spouse of the adopted
capacitating him/her to remarry, the Filipino child and the adopter.
spouse shall likewise have the capacity to 16.Between an adopted child and a legitimate
remarry under the Philippine law (Art 26(2)). child of the adopter.
17.Between adopted children of the same
Void Marriages adopter.
MARRIAGE IS VOID AB INITIO WHEN: 18.Between parties where one, with the
intention to marry the other, killed that other
I. UNDER FC ART. 35 person's spouse, or his or her own spouse.
1. Contracted by anyone below 18 years old,
even with consent of parents An action for declaration of nullity of marriage is
2. Solemnized by anyone not authorized to imprescriptible. (Art. 39)
do so, except when one or both parties believe
that the solemnizing officer had authority to do *For purposes of remarriage, the nullity of a
so. previous marriage may be invoked solely on the
basis of a final judicial declaration of nullity (JDN)
3. There is no marriage license, except in of the previous marriage. (Art. 40)
marriage under exceptional circumstances
4. It is bigamous or polygamous, except
when first spouse has been absent for four In Republic v Molina, 1997 (268 SCRA
years, or two years under extraordinary 198), the Supreme Court held that the actions
circumstances, and the remaining spouse has a of the wife, described by the wife as highly
well-founded belief that the absent spouse is immature
dead, and is judicially declared presumptively and habitually quarrelsome who thought himself
dead. (Art. 41) as a king to be served, does not amount to
5. There is a mistake in identity of the other psychological incapacity. It held that what
contracting party existed are mere irreconcilable differences. It
6. The subsequent marriage is void under also laid down in this case the guidelines to be
Art. 53: followed by the courts in interpreting Art. 36.
Marriage is void when Art. 52 is not complied
with: There must be a partition and distribution GUIDELINES FOR INTERPRETATION OF
of property after the judgment of annulment of ARTICLE 36 (REPUBLIC V MOLINA):
declaration of nullity. The presumptive legitimes
of the children must also be delivered and 1. The burden of proof to show the nullity of the
recorded in marriage belongs to the plaintiff.
the appropriate civil registry.
2. The root cause of the psychological incapacity
II. UNDER FC ART. 36 must be: (a) medically or clinically identified,
(b) alleged in the complaint, (c) sufficiently
7. Any contracting party is, at the time of the proven by the experts, (d) clearly explained in
celebration of the marriage, psychologically the decision.
incapacitated to comply with the essential
marital obligations. 3. The incapacity must be proven to be existing
at the time of the celebration of the marriage.
RELATIONSHIPS) 4. Such incapacity must also be shown to be
medically or clinically permanent of incurable.
8. Between ascendants and descendants of any
degree, legitimate or illegitimate. 5. Such illness must be grave enough to bring
9. Between brothers and sisters, whether full or about the disability of the party to assume the
half-blood, legitimate or illegitimate. essential obligations of marriage.

IV. UNDER FC ART. 38 (FOR REASONS 6. The essential marital obligations mist be those
OF PUBLIC POLICY): embraced by Articles 68 up to 71 of the Family
Code as regards the husband and wife as well as
Family Relations Reviewer
By: Sheena Rhea T. Faelnar
Articles 220, 221, and 225 of the same Code in 4. Insurance benefits innocent spouse may
regard to parents and their children. revoke designation of guilty party as beneficiary,
even if such designation is irrevocable
7. Interpretations given by the national Appellate 5. Succession Rights Party in bad faith
Matrimonial tribunal of the Catholic Church in the disqualified to inherit from innocent spouse,
Philippines, while not controlling or decisive, whether testate or intestate
should be given great respect by our courts. 6. Donations - If both parties of subsequent
marriage acted in bad faith, any donations and
8. The trial court must order the prosecuting testamentary dispositions made by one party to
attorney or fiscal and the Solicitor General to the other by reason of marriage will be revoked
appear as counsel for the state. No decision shall (Art. 44)
be handed down unless the Solicitor General
issues a certification. Voidable Marriages
41): 1. One of the parties is 18 or above but below
GENERAL RULE and there is no parental consent.
Marriage contracted by any person during the 2. Either party was of unsound mind
subsistence of a previous marriage is VOID (insanity).
3. The consent of either party was obtained
EXCEPTION through fraud (different from mistake in
If the first spouse has been absent for four identity):
consecutive years, or two years under
extraordinary circumstances, and the surviving a. Through non-disclosure of a previous
spouse has a well-founded belief that the spouse conviction of a crime involving moral turpitude;
is dead, and there is a judicial declaration of b. Through concealment of the wife of the fact
presumptive death, without that she was pregnant by another man;
c. Through concealment of a sexuallytransmitted
disease, even if not serious or incurable;
prejudice to the effect of the reappearance of the d. Through concealment of drug addiction,
absent spouse. habitual alcoholism or homosexuality or
lesbianism. (Art.46)
Exception to the exception
When both parties in the subsequent marriage 4. The consent of either party was obtained
acted in bad faith, the marriage is still void (Art. through force, intimidation, or undue
44). influence.
5. Either party is physically unable to
In People v Mendoza, Mendoza contracted consummate the marriage (impotence)
three marriages. He contracted the second (different from sterility).
marriage during the subsistence of the first 6. Either party has a serious and incurable
marriage. He contracted the third marriage after sexually-transmissible disease, even if not
the death of his first wife. He was prosecuted for concealed.
bigamy on his third marriage. The Supreme
Court held that he is not guilty for bigamy for his In Buccat v Buccat, the Supreme Court refused
third marriage, since his prior subsisting to grant annulment filed by the husband because
marriage has already been extinguished by the his wife gave birth to a baby a mere 89 days after
death of his first wife. It is the second marriage their marriage. It held that it is unbelievable that
that is bigamous. the wife could have concealed the fact that she
was 6 months pregnant at the time of the

1. Children considered legitimate

2. Property Regime dissolved and liquidated
(party in bad faith shall forfeit his/her share in
favor of the common children or children by a
previous marriage, and in case there are none,
to the innocent spouse)
3. Donation propter nuptias remains valid,
(but if the donee contracted marriage in bad
faith, donations will be revoked)