Breach of contract is not an actionable wrong it is to prevent the signing women from

taking advantage of innocent man.

Personality begin at birth

You can acquire temporary personality to unborn children for:

1. Civil beneficial purposes

2. Provided that the child is born later in accordance with law

A child considered born upon a complete separation from the mother upon the cutting
of the umbilical cord

Intra uterine- born before 7 months and born within 24 hrs from the time of complete
delivery from mother’s womb

Marriage is a special contract

No marriage will be valid without ceremony, but the does not prescribe any particular
ceremony. The ceremony comes during the celebration of the marriage.

The parties must be man and woman

Essential requisites of marriage

1. Legal capacity of the contracting parties

a. 18 years of age for both sexes
b. Of different sexes
c. No impediment to the marriage

Q: may a minor contract marriage?

A: under art 14 of the FC, the minors can enter into contract of marriage provide
parental consent is obtained but repealed by RA6809

Emancipation- released from parental authority.

A person attains a legal age considered emancipated so can now enter into contracts of
its choice without need of parental authority. But not totally emancipated in case
of marriage. A person bet ages 18-21 in able to marry he still need a parental
consent. Which means it is still under parental authority but remand that it is only
applicable in case if marriage.
 2. Consent freely given before the solemnizing officer

Formal requisite

1. Authority of the person performing the marriage;

2. A marriage license, except in a marriage of exceptional character
3. Marriage ceremony in its absence the marriage will be void

In art.4 any defect in the essential requisite of marriage will render the marriage
voidable.

Any absence of any of the essential or formal requisite of marriage will render the
marriage void. The effect is nullity of the marriage

Irregularity of marriage will make the person liable for criminal, civil and administrative
liability.

Express exception in art 35(b):

1. Marriage solemnized by person without authority (marriage is void ab initio) but

by express provision of the law if one or both parties believe in good faith that
the officer has the authority then the marriage is valid

Implied exception:

1. Consuls, general or vice consuls authorize to solemnize in cases specified

under Article 10 they solemnize marriages in their place if assignment IN A
FORIEGN Country provided that the parties are both Filipinos. In case of
marriage between a Filipino and a foreigner that consul has no authority to
do so therefore void according to Philippine law, but in art 26 while under
place of assignment and solemnizes a marriage between them then that is valid
in the laws of the land where it is celebrated, it is also valid in Philippines
provided not such marriage does not violate the laws impose in foreign
marriages. Under 36, 37, 38.

If here in Philippines for vacation he cannot solemnize marriage here.

 A consul solemnizes marriage in Madrid while his assignment is in Bangkok
outside its place of assignment he has no authority to solemnize so the marriage
is void.

In connection with article 26 first paragraph refers to foreign marriages if a

marriage contract in foreign country is also valid in the Philippines provide such
marriage dies not violate the limitation impos in first paragraph in art 36, 37, art
38.

Any conjugal partnership property of a mixed Filipino mad foreign spouse in case
of divorce must be first partitioned, liquidated and distribution of legitime t the heirs.

Generally, conjugal partnership gains the husband is the administrator of the

conjugal property which he has the power to administer from the law the husband
cannot be deprived of that powers except those provide by the law.

Since there is no properties during marriage,

Art 26 parag 2. The foreigner is allowed to remarry the Filipino spouse is also allowed to
remarry.

Q: in implementing the 2nd paragraph of art 26 is it necessary the marriage be a mix

marriage? Yes.

A: In republic vs. Orbecido in first question it is not necessary the marriage v=be
initially mix marriage to be applicable, even if at the start the parties to the marriage
are both Filipino then one of the spouse become foreigner during marriage in case of
naturalization what is material is that the citizenship of the parties at the time
of divorce.

Q: a foreigner who is allowed to remarry then the Filipino may likewise be remarry,
what is the law allow the foreigner to remarry or what this referring? Is the law granted
to divorce or to other law?

A: The national law of the spouse not the law granted the divorce,