Professional Documents
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Prelim Reviewer - Family
Prelim Reviewer - Family
♥ Definition
• Art 1 – “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 the family and an 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”
• Breach of promise to marry – no such thing
Art 2176 (CC) quasi delicts (delicts - an offense against the law)
♥ Art 19 – local civil registrar requires payment of fees as prescribed by law before issuance of
marriage license
no other tax of fee shall be collected
free for indigent parties
♥ Art 20 – license is valid in 120 days from the date of issue
used only in the Philippines
♥ Art 21 – Foreigners (either or both) sumit a certificate of legal capacity from their
diplomatic/consular officials.
Stateless persons.refugees (from other countries) shall submit an affidavit
stating their circumstance and showing legal capacity to marry.
♥ 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; and
♥ Legal capacity
Art 5 – at least 18 y.o. except as stated in art 37 & 38 (Incest and public policy,
respectively)
Art 21 – foreigners need a certificate of legal capacity (supra)
Impediments – Arts 37 & 38 (supra)
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title;
and
(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”
Ceremony
♥ Art. 6. “No prescribed form or religious rite for the solemnization of the marriage is
required. It shall be necessary, however, 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. This
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.
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”
♥ Marriage Certificate
○ State the ff: (Art 22)
(1) The full name, sex and age of each contracting party;
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the marriage;
(4) That the proper marriage license has been issued according to law,
except in marriage provided for in Chapter 2 of this Title;
(5) That either or both of the contracting parties have secured the
parental consent in appropriate cases;
(6) That either or both of the contracting parties have complied with the
legal requirement regarding parental advice in appropriate cases; and
(7) That the parties have entered into marriage settlement, if any,
attaching a copy thereof.
○ Art 23
be the duty of the person solemnizing the marriage to furnish, not later
than fifteen days after the marriage, to the local civil registrar of the
place where the marriage was solemnized
♥ Venue (Art 8)
○ solemnized publicly in the chambers of the judge or in open court, in the
church, chapel or temple, or in the office the consul-general, consul or vice-
consul, as the case may be, and not elsewhere
○ except in cases of marriages contracted on the point of death or in remote
places in accordance with Article 29 of this Code
○ or where both of the parties request the solemnizing officer in writing
Presumption of marriage
♥ Art 220 CC - In case of doubt, all presumptions favor the solidarity of the family. Thus, every
intendment of law or facts leans toward the validity of marriage, the indissolubility of the
marriage bonds, the legitimacy of children, the community of property during marriage, the
authority of parents over their children, and the validity of defense for any member of the
family in case of unlawful aggression.
– Valid!
II. Void and voidable marriages
Void marrages
♥ Grounds:
Art 38 - The following marriages shall be void from the beginning for reasons of public policy:
• Between collateral blood relatives whether legitimate or illegitimate, up to the
fourth civil degree;
• Between step-parents and step-children;
• Between parents-in-law and children-in-law;
• Between the adopting parent and the adopted child;
• Between the surviving spouse of the adopting parent and the adopted child;
• Between the surviving spouse of the adopted child and the adopter;
• Between an adopted child and a legitimate child of the adopter;
• Between adopted children of the same adopter; and
• Between parties where one, with the intention to marry the other, killed that
other person's spouse, or his or her own spouse.
Voidable marrages
♥ Grounds
Art 45 - A marriage may be annulled for any of the following causes, existing at the time of the
marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the marriage was solemnized without the
consent of the parents, guardian or person having substitute parental authority over the
party, in that order, unless after attaining the age of twenty-one, such party freely cohabited
with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely
cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with
full knowledge of the facts constituting the fraud, freely cohabited with the other as husband
and wife;
-Art 46
• Non-disclosure of a previous conviction by final judgment of the other party of a crime
involving moral turpitude;
• (2) Concealment by the wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband;
• (3) Concealment of sexually transmissible disease, regardless of its nature, existing at
the time of the marriage; or
• (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
existing at the time of the marriage.
(4) That the consent of either party was obtained by force, intimidation or undue influence,
unless the same having disappeared or ceased, such party thereafter freely cohabited with
the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with the other,
and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be serious
and appears to be incurable
♥ Presumtime Legitime
Art. 51 – “In said partition, the value of the presumptive legitimes of all common children,
computed as of the date of the final judgment of the trial court, shall be delivered in cash,
property or sound securities, unless the parties, by mutual agreement judicially approved,
had already provided for such matters.
The children or their guardian or the trustee of their property may ask for the enforcement of
the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the
ultimate successional rights of the children accruing upon the death of either of both of the
parents; but the value of the properties already received under the decree of annulment or
absolute nullity shall be considered as advances on their legitime”
♥ Recording requirement (Art 52) - shall be recorded in the appropriate civil registry and
registries of property
○ The judgment of annulment or of absolute nullity of the marriage,
○ the partition and distribution of the properties of the spouses
○ and the delivery of the children's presumptive legitimes
♥ Children born under void marriages are Illegitimate except in psych in (Art 36) and
subsequent marriage (Art 53)
♥ Name and Surname (Art 371 CC)
○ If wife is the guilty party – shall resume her maiden name and surname.
○ If innocent – may resume her maiden name and surname.
Unless: the court decrees otherwise
She and former husband is married again to another person