THE FAMILY CODE OF THE PHILIPPINES

TITLE I

MARRIAGE
CHAPTER 1 REQUISITES OF MARRIAGE
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 family and 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. (ART. 1) 2 Aspects of Marriage: 1. It is a special contact. 2. It is a status or a relation or an institution. Some Principles of Marriage: 1. Union physical and mutual mating. 2. Of one man with one woman this is monogamy, which is the ideal marriage 3. Reciprocal blessing - marriage is a 50-50 proposition 4. Birth since one of the purposes of marriage is procreation of children, the natural law prohibits artificial birth control. 5. Rearing the care of both parents is essential 6. Education of children It is the natural right of parents to educate their children Marriage 1. both a contract and social institution 2. generally, stipulations are fixed by law not by parties (except: marriage settlement stipulations 3. can be dissolved only by death or annulment, not by mutual agreement 4. age of contracting parties varies Ordinary Contract 1. merely a contract 2. stipulations are generally fixed by parties.

establish the marriage but must at least be enough to strengthen the presumption of marriage. Every intendment of law leans toward legitimizing marriage. (Delgado vda de Dela Rosa v. Heirs of Marciana vda de Damian, GR No. 155733, January 27, 2006) ESSENTIAL EQUISITES OF MARRIAGE (ART. 2) No marriage shall be valid, unless these essential requisites are present: 1. Legal capacity of the contracting parties who must be a male and a female; 2. Consent freely given in the presence of the solemnizing officer FORMAL REQUISITES OF MARRIAGE (ART. 3) 1. Authority of the solemnizing officer. 2. A valid marriage license except in cases provided for in Chapter 2 of this Title; 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. If there is consent but vitiated by error, fraud, intimidation, force, etc., the marriage is VOIDABLE, NOT VOID. Marriage is valid until annulled. If there is absolutely no consent, i.e. parties did not intend to be bound, marriage is VOID. Under the FC, if the solemnizing officer is not authorized, the marriage would be valid if either or both parties believe in good faith in his authority to solemnize the marriage.

BREACH OF PROMISE TO MARY Gen. Rule: It is not an actionable wrong. (Hermosisima v. CA, L-14628, September 30, 1960) One cannot seek specific performance to compel marriage. Exceptions: To be actionable, there must be another act independent of the breach of promise to marry which gives rise to liability as where there was financial damage, social humiliation, and moral seduction. Wassmer v. Velez, No. L-20089, December 26, 1964 Mere breach of promise to marry is not an actionable wrong; but to formally set a wedding and go through all the preparations and publicity, only to walk out of it when the matrimony is about to be solemnized, is quite different. This is palpably and unjustifiably contrary to good customs for which defendant must be held answerable in damages pursuant to NCC Art. 21.

3. can be ended by mutual agreement and other legal causes 4. age is the age of majority

Although marriage contract is considered a primary evidence of marriage, its absence is not always a proof that no marriage took place. Testimony of one of the parties to the marriage, witness or solemnizing officer is admissible to prove that fact of marriage. (Balogbog vs. CA, GR No. 83598, March 7, 1997) Once presumption of marriage arises, other evidence may be presented in support thereof. The evidence need not necessarily or directly

Baksh v. CA, GR No. 97336, February 19, 1993 Where a mans promise was the proximate cause of giving herself unto him in sexual congress and there is proof he had no intention of marrying her, the promise being a deceptive device damages may be awarded pursuant to Art. 21 of NCC, because of the fraud and deceit behind it and the willful injury to her honor and reputation. EFFECTS OF: (Art. 4) 1. Absence of any of the essential or formal requisites shall render the marriage is void ab initio Exception: Art. 35(2) Marriage is valid where either or both of the contracting parties believe in good faith that the solemnizing officer has the legal authority to do so when he had none at the time of the solemnization of the marriage. 2. Defect in any of the essential requisites shall render the marriage voidable as provided in Article 45. 3. 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.

COMMON-LAW MARRIAGES between Filipinos is not valid, for performance must be before the proper officer. (Enriquez, et al. v. Enriquez. et al., 8 Phil. 565) Exception: Common-law marriages between foreigners will be valid in the Philippines, provided that it is valid according to the personal law of the parties and according to the place where the relationship began. MARRIAGE BY PROXY one where the party is merely represented by a delegate or friend. Rules: 1. If performed here in the Philippines, the marriage is void because physical presence of both parties is required under ART. 6 of FC. 2. If performed abroad, whether between Filipinos or foreigners or mixed, the marriage by proxy will be valid here, provided it is valid where celebrated, without prejudice to any restrictions that may be imposed by our Immigration Laws for purpose of immigration. Karganilla v. Familiar, CA 7175, 1 O.G. 345 If the solemnizing officer after hearing the wife says, she was willing to take the groom as her husband, forgot to ask the groom on the same matter, the marriage would be valid, just the same, so long as the groom also signed the marriage certificate.

AUTHORITY OF THE SOLEMNIZING OFFICER It is not the presence/absence of the solemnizing officer which constitutes the formal requirement but the absence/presence of the authority of such solemnizing officer at the time of the solemnization of the marriage. Marriageable age: (Art. 5) Any male or female of the age of eighteen years or upwards. Exception: 1. Art. 37 incestuous marriage due to relationship 2. Art. 38 void marriages due to certain relations for reason of public policy. Article 6 It shall be necessary for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. Declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer. Exception: In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer.

Persons Authorized To Solemnize Marriages (Art. 7) 1. Any incumbent member of the judiciary within the courts jurisdiction; 2. Any priest, rabbi, imam, or minister of any church or religious sect, duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted him by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officers church or religious sect; 3. Any ship captain or airplane chief Only in cases of marriages in articulo mortis between passengers or crew members; During the voyage, while plane is in flight or ship is at sea and during stopovers at ports of call; Assistant pilot has no authority to solemnize a marriage even if airplane chief dies during the trip 4. Military commanders of a unit, in the absence of a chaplain Must be a commissioned officer rank should start from second lietenant, ensign and above Only in cases of marriage in articulo mortis between members of the armed forces or civilians within the zone of military operation 5. Consul generals, consuls or vice-consuls of the Republic of the Philippines abroad (Art.10) Only in cases of marriage between Filipino citizens abroad;

6.

The marriage ceremony is in accordance with the laws of the Philippines (Art. 17, NCC) Also performs the duties of the local civil registrar Consuls on home assignment in the Philippines cannot solemnize marriage Municipal and city mayors (Local Government Code, January 1, 1992) The term MAYOR includes a Vice-Mayor who is the ACTING MAYOR or who is merely acting as a Mayor. (People v. Bustamante, citing Laxamana v. Balatazar)

MARRIAGE LICENSE: Shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides. (Article 9) Exception: Marriages of exceptional Character: a. In articulo mortis (Art. 27) b. In a remote place (Art. 28) c. Marriage of people who previously cohabited for at least 5 years. (Art. 34) d. Marriages between pagans or Mohameddans, who live in a non-Christian provinces, and who are married in accordance with their customs. (Art. 33) Article 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following: a. Full name of the contracting party b. Place of birth c. Age and date of birth d. Civil status e. If previously married, how, when, and where the previous marriage was dissolved or annulled f. Present residence and citizenship g. Degree of relationship of the contracting parties h. Full name, residence and citizenship of the father i. Full name, residence and citizenship of the mother j. 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. The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license.