Family Relations Reviewer
By: Sheena Rhea T. Faelnar
I. Marriage
Is:
1. a Special Contract
2. of Permanent Union
3. between a Man and a Woman
4. Entered into in Accordance with law
5. for the Establishment of Conjugal and Family
life.
6. It is the Foundation of the Family
7. and an Inviolable Social Institution
8. Whose Nature, Consequences, ,and Incidents
are governed by Law and not subject to
Stipulation,
9. except that Marriage settlements may Fix
property relations during the marriage within
the Limits provided by this Code. (Art 1,
Family Code)
II. Breach of Promise to Marry
The the Supreme Court held in one case that
breach of promise to marry is not an actionable
wrong. The fact that the Santos, the woman,
agreed to have sexual intercourse with Tanjanco
for a year does not constitute seduction but
mutual passion.
However, in Wassmer v Velez, Velez was held
liable for the cost of the wedding preparations
spent by Wassmer, because he disappeared two
days before the marriage. The Supreme Court
said that while mere breach is not an actionable
wrong, Velez is still liable under Art. 21 of the
Civil Code because he abused his right, thereby
causing moral and material damages, which
should be compensated.
III. Essential Requisites of Marriage
1. Legal Capacity of contracting parties who
must be Male and Female; and
2. Consent freely given in the presence of the
solemnizing officer. (Art. 2, FC)
In People v Santiago (51 Phil 68), the
marriage between Santiago and his niece was
declared void for lack of consent on the part of
Santiago. He only got married to her to avoid
prosecution because he raped her the same
morning that the marriage was solemnized by a
Protestant minister. The Supreme Court held
that it was a mere ruse for him to escape criminal
liability.
IV. Formal Requisites Of Marriage
1. Authority of the solemnizing officer;
2. A valid Marriage License except in cases
under Chapter 2 of this Title;
3. Marriage Ceremony (i.e. appearance of
contracting parties before solemnizing officer
and their personal declaration that they take
each other as husband and wife). (Art 3, FC)
V. ABSENCE, DEFECT, OR
IRREGULARITY IN THE REQUISITES
ABSENCE of any of the essential or formal
requisites shall render the marriage VOID AB
INITIO, (FC Art 4, par. 1) except when it is
solemnized by an unauthorized person with
either or both contracting parties having good
faith that he had authority to do so (FC Art 35,
par. 2)
A DEFECT in any of the ESSENTIAL
REQUISITES shall render the marriage
VOIDABLE (FC Art 4, par. 2).
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 (FC Art 4, par. 3).
MARRIAGE CEREMONY
There is no particular form or religious rite
required by law.
MINIMUM REQUIREMENTS BY LAW
1. The contracting parties appear personally
before the solemnizing officer
2. They declare in the presence of at least two
witnesses of legal age,
3. That they take each other as husband and
wife;
4. The declaration shall be contained in the
marriage certificate,
5. Which shall be signed by the contracting
parties and their witnesses and attested by the
solemnizing officer. (Art. 6, FC)
In a marriage in articulo mortis, when one or
both parties are unable to sign the marriage
certificate, it shall be sufficient for one of the
witnesses to write the name of said party, which
shall be attested by the solemnizing officer. (Art
6, par. 2)
PLACES WHERE MARRIAGE MAY BE
CELEBRATED
1. Chambers of the judge or in open court;
2. Church, chapel, or temple
3. Office of the Consul-general, consul, or vice
consul, as the case may be. (Art. 8, FC)
Family Relations Reviewer
By: Sheena Rhea T. Faelnar
Exceptions
Marriage in articulo mortis, in a remote place
(the barrio or barangay should be so located that
there is no means of transportation to enable
such party to appear personally before the local
civil registrar Art. 29), 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 then in a sworn statement.
AUTHORITY OF SOLEMNIZING OFFICERS
MARRIAGE MAY BE SOLEMNIZED BY:
1. Any incumbent member of the judiciary within
the courts jurisdiction (Art. 7, par. 1);
2. Any priest, rabbi, imam, or minister of any
church or religious sect duly authorized by his
church or religious sect;
He/she must be registered with the civil
registrar general (CRG).
He/she must be acting within the limits of the
written authority granted by the church
At least one of the parties must be a member
of the church or religious sect to which the
solemnizing officer belongs (FC Art. 7, par. 2).
3. Ship captain or airplane chief (FC Art 7, par.
3);
Can only solemnize marriages in articulo mortis
(when there one or both parties are at the point
of death), while the ship is at sea or the plane is
in flight, or at stopovers or ports of call (FC Art
31).
4. Any military commander of a unit to which a
chaplain is assigned, in the absence of the latter
(FC Art 7, par. 4);
Can only solemnize marriages in articulo mortis
between persons within the zone of military
operation, whether members of the armed
forces or civilians (Art 32, FC).
5. Consul-general, consul, or vice consul (Art. 7,
par. 5)
Can solemnize marriages between Filipino
citizens abroad. The issuance of the marriage
license and the duties of the local civil registrar
shall also be performed by said consular official.
(Art. 10, FC)
6. Mayors (under the Local Government Code,
not
found in the Family Code)
MARRIAGE LICENSE REQUIREMENTS FOR
MARRIAGE LICENSE APPLICATION
1. Full name of the contracting party;
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; and
10. Full name, residence and citizenship of the
guardian or person having charge, in case the
contracting party has neither father nor mother
and is under the age of twenty-one years (Art.
11, FC)
MARRIAGES EXEMPT FROM MARRIAGE
LICENSE REQUIREMENT:
1. In case one or both contacting parties are at
the point of death (in articulo mortis). (Art. 27)
2. If the residence of either party is so located
that there is no means of transportation to
enable them to personally appear before the
local civil registrar. (Art. 28)
3. Marriage in articulo mortis between
passengers or crew members. [May be
solemnized by the ship captain or airplane pilot.]
(Art. 31)
4. Marriage in articulo mortis between persons
within the zone of military operation. [May be
solemnized by the military commander of the
unit] (Art. 32)
5. Marriages among Muslims or among members
of cultural communities, provided they are
solemnized in accordance with their customs,
rites, or practices. (Art. 33)
6. Marriage between a man and a woman who
have lived together as husband and wife for at
least five years, without legal impediment to
marry each other.
Marriages Celebrated Abroad (Art. 26)
GENERAL RULE:
Marriages solemnized outside the RP in
accordance with the law of the foreign country
shall
be valid in the Philippines (lex loci
celebrationis)
EXCEPTIONS:
1. Marriage between persons below 18 years old
Art. 35(1)
2. Bigamous or polygamous marriage Art.
35(4)
3. Mistake in identity Art. 35 (5)
4. Marriages void under Article 53 Art. 35 (6)
Family Relations Reviewer
By: Sheena Rhea T. Faelnar
5. Psychological incapacity Art. 36
6. Incestuous marriages Art. 37
7. Marriage void for reasons of public policy
Art.
38
If a Filipino married to a foreigner and the latter
subsequently obtains a valid divorce abroad
capacitating him/her to remarry, the Filipino
spouse shall likewise have the capacity to
remarry under the Philippine law (Art 26(2)).
Void Marriages
MARRIAGE IS VOID AB INITIO WHEN:
I. UNDER FC ART. 35
1. Contracted by anyone below 18 years old,
even with consent of parents
2. Solemnized by anyone not authorized to
do so, except when one or both parties believe
that the solemnizing officer had authority to do
so.
3. There is no marriage license, except in
marriage under exceptional circumstances
4. It is bigamous or polygamous, except
when first spouse has been absent for four
years, or two years under extraordinary
circumstances, and the remaining spouse has a
well-founded belief that the absent spouse is
dead, and is judicially declared presumptively
dead. (Art. 41)
5. There is a mistake in identity of the other
contracting party
6. The subsequent marriage is void under
Art. 53:
Marriage is void when Art. 52 is not complied
with: There must be a partition and distribution
of property after the judgment of annulment of
declaration of nullity. The presumptive legitimes
of the children must also be delivered and
recorded in
the appropriate civil registry.
II. UNDER FC ART. 36
7. Any contracting party is, at the time of the
celebration of the marriage, psychologically
incapacitated to comply with the essential
marital obligations.
III. UNDER FC ART. 37 (INCESTUOUS
RELATIONSHIPS)
8. Between ascendants and descendants of any
degree, legitimate or illegitimate.
9. Between brothers and sisters, whether full or
half-blood, legitimate or illegitimate.
IV. UNDER FC ART. 38 (FOR REASONS
OF PUBLIC POLICY):
10.Between collateral blood relatives, legitimate
or illegitimate, up to the fourth civil degree.
11.Between step-parents and step-children.
12.Between parents-in-law and children-in-law.
13.Between adopting parent and adopted child.
14.Between the surviving spouse of the adopting
parent and the adopted child.
15.Between the surviving spouse of the adopted
child and the adopter.
16.Between an adopted child and a legitimate
child of the adopter.
17.Between adopted children of the same
adopter.
18.Between parties where one, with the
intention to marry the other, killed that other
person's spouse, or his or her own spouse.
An action for declaration of nullity of marriage is
imprescriptible. (Art. 39)
*For purposes of remarriage, the nullity of a
previous marriage may be invoked solely on the
basis of a final judicial declaration of nullity (JDN)
of the previous marriage. (Art. 40)
In Republic v Molina, 1997 (268 SCRA
198), the Supreme Court held that the actions
of the wife, described by the wife as highly
immature
and habitually quarrelsome who thought himself
as a king to be served, does not amount to
psychological incapacity. It held that what
existed are mere irreconcilable differences. It
also laid down in this case the guidelines to be
followed by the courts in interpreting Art. 36.
GUIDELINES FOR INTERPRETATION OF
ARTICLE 36 (REPUBLIC V MOLINA):
1. The burden of proof to show the nullity of the
marriage belongs to the plaintiff.
2. The root cause of the psychological incapacity
must be: (a) medically or clinically identified,
(b) alleged in the complaint, (c) sufficiently
proven by the experts, (d) clearly explained in
the decision.
3. The incapacity must be proven to be existing
at the time of the celebration of the marriage.
4. Such incapacity must also be shown to be
medically or clinically permanent of incurable.
5. Such illness must be grave enough to bring
about the disability of the party to assume the
essential obligations of marriage.
6. The essential marital obligations mist be those
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
regard to parents and their children.
7. Interpretations given by the national Appellate
Matrimonial tribunal of the Catholic Church in the
Philippines, while not controlling or decisive,
should be given great respect by our courts.
8. The trial court must order the prosecuting
attorney or fiscal and the Solicitor General to
appear as counsel for the state. No decision shall
be handed down unless the Solicitor General
issues a certification.
RULE ON BIGAMOUS MARRIAGE (ART.
41):
GENERAL RULE
Marriage contracted by any person during the
subsistence of a previous marriage is VOID
EXCEPTION
If the first spouse has been absent for four
consecutive years, or two years under
extraordinary circumstances, and the surviving
spouse has a well-founded belief that the spouse
is dead, and there is a judicial declaration of
presumptive death, without
prejudice to the effect of the reappearance of the
absent spouse.
Exception to the exception
When both parties in the subsequent marriage
acted in bad faith, the marriage is still void (Art.
44).
In People v Mendoza, Mendoza contracted
three marriages. He contracted the second
marriage during the subsistence of the first
marriage. He contracted the third marriage after
the death of his first wife. He was prosecuted for
bigamy on his third marriage. The Supreme
Court held that he is not guilty for bigamy for his
third marriage, since his prior subsisting
marriage has already been extinguished by the
death of his first wife. It is the second marriage
that is bigamous.
EFFECTS OF TERMINATION OF BIGAMOUS
MARRIAGE (FC ART 43):
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)
4. Insurance benefits innocent spouse may
revoke designation of guilty party as beneficiary,
even if such designation is irrevocable
5. Succession Rights Party in bad faith
disqualified to inherit from innocent spouse,
whether testate or intestate
6. Donations - If both parties of subsequent
marriage acted in bad faith, any donations and
testamentary dispositions made by one party to
the other by reason of marriage will be revoked
(Art. 44)
Voidable Marriages
MARRIAGE MAY BE ANNULLED, WHEN (FC
ART 45):
1. One of the parties is 18 or above but below
21,
and there is no parental consent.
2. Either party was of unsound mind
(insanity).
3. The consent of either party was obtained
through fraud (different from mistake in
identity):
a. Through non-disclosure of a previous
conviction of a crime involving moral turpitude;
b. Through concealment of the wife of the fact
that she was pregnant by another man;
c. Through concealment of a sexuallytransmitted
disease, even if not serious or incurable;
d. Through concealment of drug addiction,
habitual alcoholism or homosexuality or
lesbianism. (Art.46)
4. The consent of either party was obtained
through force, intimidation, or undue
influence.
5. Either party is physically unable to
consummate the marriage (impotence)
(different from sterility).
6. Either party has a serious and incurable
sexually-transmissible disease, even if not
concealed.
In Buccat v Buccat, the Supreme Court refused
to grant annulment filed by the husband because
his wife gave birth to a baby a mere 89 days after
their marriage. It held that it is unbelievable that
the wife could have concealed the fact that she
was 6 months pregnant at the time of the
marriage.