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L Midterm1 PDF
L Midterm1 PDF
Example: If the applicant has already complied with all the requirements and the LCR is
If the parties believed that the senator who solemnized the marriage is made aware of any legal impediment, the LCR cannot refuse to issue the
authorized when under the law, he is not, this is a mistake of law because marriage license
everyone ought to know the law that senators are not authorized solemnizing
officers. Validity of marriage license (Art 20)
120 days and may be used anywhere in the Philippines.
But if the parties honestly believed that the judge who solemnized the marriage is
still an incumbent member of the judiciary, this is a mistake of fact. Exceptions to marriage license
A Valid Marriage License 1. Marriage in articulo mortis (Art 27)
Who may issue a marriage license? 2. Marriage wherein either of the parties is a resident in a remote
The local civil registrar where either of the parties resides. place where there is no adequate means of transportation to
enable the party to appear before the LCR (Art 28)
However
Issuance of the marriage license in violation of this rule does not affect the 3. Marriage between Muslims or other ethnic cultural communities
validity of the marriage for it is only a mere irregularity, but the local civil registrar so long as the marriage is solemnized in accordance with their
is administratively liable.
customs and traditions (Art 33)
Requirements before a marriage license can be issued 4. Marriage between parties who have cohabited for at least 5
(Applicable only to Filipinos – Regio v. Regio) years without any legal impediment (Art 34)
1. The parties must sign separate applications under oath and When is legal impediment determined?
state personal circumstances - full name, age, status, place or Ninal v. Badayog
residence, citizenship, etc. (Art 11) The Supreme Court made a definitive ruling that for ratification of
marital cohabitation to apply as an exception to the requirement of
2. In support of the application, the applicant is required to submit marriage license, it is necessary that the cohabitation of at least 5
original birth certificate/baptismal certificate (Art 12) years should be characterized by exclusivity and continuity.
If the applicant is a foreigner (Art 21) But whatever doubt created by the Manzano v. Sanchez ruling has been
He is not required to submit requirements nos. 2 and 3, but only a totally wiped out in the very recent case of the Office of the Court
certificate of legal capacity issued by his consular office. (Consistent with Administrator v. Judge Anatolio Necessario et al.
the nationality theory Art 15)
Office of the Court Administrator v. Necessario
If the applicant is a stateless person Whether or not the judges are guilty of gross ignorance of the law for
Required to submit an affidavit, stating the facts indicating his legal solemnizing marriages under Art 34 between parties who were
capacity to marry. between the ages of 19 and 22.
What shall determine his legal capacity? Obviously, 5 years back, the parties were suffering from legal
Permanent domicile – where he resides impediment during the period of cohabitation, although at the time of
Temporary domicile – where he applies for marriage license the marriage they were already of age.
The Supreme Court reverted to the ruling in Ninal and held that the
4. If the applicants are between 18 and 20, a written parental judges were guilty of gross ignorance of the law for solemnizing
consent must be submitted in support of the application for marriages under Art 34 when obviously from the very allegations in the
marriage license. (Art 14) affidavit, these parties were suffering from legal impediments during
the period of 5-year cohabitation.
Effect of non-compliance
Marriage is VOIDABLE.
The settled rule:
5. If either or both of the parties are between 21 and 25, required to In the ratification of marital cohabitation under Art 34, the
submit a written parental advice. (Art 15) parties should be free from legal impediments all throughout
the period of at least 5 years.
Persons and Family Relations l Atty. Randi Torregosa l Reviewer by Tanya Ibañez
Valid Marriage Ceremony Under the laws of Japan, the marriage is valid.
Under the laws of the Philippines, the marriage is void
Art 6 – No prescribed form for a marriage ceremony, so long as the
parties personally appear before the solemnizing officer and declare This is a situation where insofar as the alien spouse is concerned, the
that they each other as husband and wife, in the presence of at least 2 marriage is valid but void insofar as the Filipino spouse is concerned.
witnesses of legal age.
Take Note:
What is really important? The exceptions or prohibitions in Article 26 apply only to Filipino citizens
because these are matters concerning status and legal capacity.
1. Personal appearance of the parties before the solemnizing
officer (Reason why marriage by proxy is not allowed) What is then the status of the marriage?
2. Personal declaration that they take each other as husband and Two conflicting views: (No settled rule yet)
wife before the solemnizing officer (Contained in the marriage 1. The marriage shall be considered void under the exception,
contract – not an essential nor formal requisite, so that even in the regardless whether the marriage is valid insofar as the alien spouse
absence of marriage contract, the marriage may still be proved by other in concerned
forms of evidence) 2. The marriage shall be considered valid because it is a policy in the
Philippines to uphold the validity of marriage so any doubt should be
Absence of 2 witnesses of legal age does not affect the validity of the resolved in favor of the existence and legality of marriage
marriage – irregularity.
Where a marriage between a Filipino citizen and a foreigner is validly
People v. Lucio Murico celebrated and a divorce is thereafter validly obtained abroad by the
Parties were only made to sign the marriage contract without the alien spouse capacitating him or her to remarry, the Filipino spouse
presence of the solemnizing officer. The Supreme Court said that there shall likewise be capacitated to remarry. (Van Dorn v. Romillo and Imelda
was no marriage at all. Pilapil v. Ibay Somera)
Venue for the solemnization of marriage (Art 8) When is foreign citizenship determined?
1. Chambers of the judge or in open court
2. Church, chapel or temple Republic v. Obreccido
Foreign citizenship is to be reckoned at the time the divorce decree was obtained
3. Office of the consular office
by the alien spouse and not during the solemnization of marriage. It doesn’t
matter if at the time of the marriage, they are both Filipinos. If one of them
Exceptions: acquired foreign citizenship and while already a foreigner, he obtained a valid
1. Marriage in articulo mortis divorce decree abroad, this shall be covered under 2nd paragraph of Article 26.
2. Marriage between parties residing in a remote place
3. When the parties request in writing the solemnizing officer that While the Filipino spouse as a result of the divorce decree obtained abroad by
the marriage be solemnized at a house or place indicated in a the alien spouse is capacitated to remarry, it does not necessarily mean that the
sworn statement. Filipino spouse may now immediately apply for a marriage license and contract a
subsequent marriage.
Article 4 Absence l Defect l Irregularity Process for the Filipino spouse to remarry
File a petition for declaratory relief (Rule 63 of RRC) to establish his or
her to capacity to remarry
Essential Requisites Formal Requisites
What needs to be proved?
1. Prove the foreign divorce decree
Absence shall render the marriage void ab initio. (Art 35) - Presentation of a certified true copy issued by the legal
custodian
- Authentication by the Philippine consular official (red ribbon)
Defect shall render the marriage Irregularity shall not affect the where the document is kept
voidable (Art 45) validity of the marriage but the
party responsible for the 2. Prove the foreign law under which the divorce decree was issued
irregularity shall be held liable. (Prove that the divorce decree obtained abroad was validly issued
by the foreign courts and duly complied with the laws allowing the
divorce)
Article 26 Lex Loci Celebracionis 3. Prove that the divorce decree is an absolute divorce which
capacitates the foreign spouse to remarry
Marriage solemnized abroad and valid there as such shall also be valid (Relative v. Absolute divorce)
in the Philippines, except those prohibited in Art 35 (1, 4, 5, 6), Art 36,
Failure to prove these
37 and 38
The petition for declaratory relief may be denied by the courts.
Exceptions: If the foreign spouse who obtained the divorce decree is the one
1. Below 18 years old who applied for marriage license
2. Bigamous marriages
3. Mistake in identity Petition of declaratory relief is only for the Filipino spouse. It is not a
4. Subsequent marriage under Art 53 remedy available for the foreign spouse.
5. Psychological incapacity
Before
6. Incestuous marriages
When a foreigner obtains a divorce abroad and wishes to remarry in the
7. Void for reasons of public policy Philippines, all he has to do is have that copy of divorce decree annotated on the
certificate of marriage between him and the former Filipino spouse. The alien
This rule contemplates many scenarios: spouse then can apply for a marriage license and contract a subsequent marriage.
What happens if the marriage is solemnized in Japan, between a Filipino After a while, he returned to the Philippines and wanted to marry another Filipina.
and a Chinese national? For this purpose, he went to the local civil registrar in a city in Manila to annotate
Chinese – 15 years old the divorce decree. The LCR annotated but he was advised by someone that
Filipino – 17 years old despite the annotation, he remains to be married to the Filipino spouse. He was
In Japan – 15 is the marrying age advised to go to court and so he filed a petition in RTC for the purpose of
recognition of the divorce decree.
Persons and Family Relations l Atty. Randi Torregosa l Reviewer by Tanya Ibañez
nd
The Supreme Court said that the 2 par of Art 26 is not available to the foreigner One who is afflicted of psychological incapacity is unaware of the
because it is only available exclusively to the Filipino spouse. But while Corpuz essential marital obligations and even if he is aware, he is
cannot avail of the 2nd par of Art 26, it does not follow that he has no right to have incapacitated to give due assumption to these obligations.
the divorce decree recognized. The proper remedy is under Rule 39 Sec 48 of
the Rules of Court which provides the rule for the effect of foreign judgment. The
By jurisprudence, psychological incapacity may take the form of:
proper remedy Corpuz should pursue is under Rule 108 – a correction of entry in
the local civil registrar. 1. Dependent personality disorder
Te v. Te and Halili v. Halili
Remedy that the foreigner can avail of
The Supreme Court declared the parties guilty of psychological incapacity
A special proceeding for correction or cancellation of entries in the Civil because they are found to be suffering from dependent personality disorder
Registrar under Rule 108 of the Rules of Court. as manifested by the following characteristics:
1. Lacks self-esteem and cannot decide on his own, can only decide with
The ruling laid down in Corpuz v. Sto. Tomas was applied in the case of the advice and affirmation of others
Fujiki v. Marinay 2. Under the constant fear of being rejected or abandoned
3. Person who is sensitive to other criticisms
4. Person who allows to be dominated by others
Fujiki v. Marinay
Involves a foreign judgment declaring the marriage void by reason of being
bigamous. The Supreme Court ruled that the proper remedy for the foreign Camacho Reyes v. Reyes
judgment is a special proceeding pursuant to Rule 108 of the Rules of Court – The husband was found to be guilty of psychological incapacity, particularly
cancellation or correction of entries in the Civil Registrar. of dependent personality disorder. Husband was found to be irresponsible
manifested by a series of business failures. He kept traveling and ignoring
his family. When his wife underwent a surgical proceeding, he ignored the
wife and simply kept reading the newspaper.
Article 35 Void Marriages
The Supreme Court that the husband is so indifferent to the needs of the
Void by reason of absence of the marriage requisites wife. He cannot make decisions of his own unless given the blessings of his
1. Below 18 years old parents.
2. Absence of solemnizing officer
3. Absence of marriage license 2. Anti-social narcissistic personality disorder
4. Bigamous marriages A person who is intolerant to other flaws and mistakes, impatient
5. Mistake in identity domineering and aggressive. Superiority complex
6. Subsequent marriages under Art 53
7. Psychological incapacity (Art 36) 3. Pathological lying
Antonio v. Reyes
Void by reason of being incestuous (Art 37) A wife keeps on lying to her husband, a pathological liar. The Supreme
1. Between ascendants and descendants of any degree Court ruled that it is a clear symptom or manifestation of psychological
incapacity because one of the essential obligations of marriage is to
2. Between brothers and sisters, whether half or full blood
observe honest, open communication with the other. Pathological lying is
psychological incapacity.
Void by reason of public policy (Art38)
1. Between collateral blood relatives, whether legitimate or
4. Senseless and protracted refusal to have sex with the other
illegitimate, up to the fourth civil degree
st
1 civil degree – parents Chi Ming Tsoi v. CA
2nd degree – siblings Senseless, pointless and protracted refusal to have sex with the other is
3rd degree – uncles and aunties psychological incapacity because one of the essential obligations of
4th civil degree – first cousins marriage is physical intimacy
Beyond – no longer prohibited
Will the subsequent marriage without the benefit of the judicial order Alice the first wife, executed an affidavit of reappearance purposely to terminate
declaring the first marriage void, make the spouse criminally liable for the marriage between Teresita and Clemente. The SSS believing the allegations
bigamy? of Alice, directed Teresita to return what she had received and cut off her
monthly pension.
Yes, because absent the judicial declaration of nullity of marriage, the Aggrieved by the decision, Teresita appealed the decision. The Supreme Court
marriage is presumed valid and existing, so that a subsequent said, while the SSS has the jurisdiction to determine who the real beneficiary is,
marriage will make the spouse liable for bigamy. Because at the time this however does not carry with it the authority to review or overturn the decision
the accused contracted the second marriage, the first marriage is still of the regular court. It is beyond the jurisdiction of the SSS to set aside on its own
deemed to be existing. the decision of the court declaring Alice to be presumptively dead.
Without the affidavit of reappearance being recorded in the LCR, the marriage
It does not matter if subsequently, the previous marriage is declared between Teresita and Clemente remains and the order of the court declaring
void. What is being punished is the act of contracting a subsequent Alice presumptively dead, stands. This negates the opinion of Sta. Maria that the
marriage without the benefit of a judicial order. mere reappearance restores the first marriage and renders functus officio the
order of the court declaring the presumptive death.
Cases in point: Mercado v. Tan, Antone v. Beronilla, Abunado v. People,
Salvador v. Spouses Serafico, Aurelio v. People, Capili v. People, People v. But in this case, Alice actually executed an affidavit of reappearance, does it
Odtuhan mean to say that the marriage between Clemente and Teresita is now terminated
automatically?
Will the subsequent marriage which is void make the spouse criminally
liable for bigamy? The Supreme Court said that the subsequent marriage entered into after
obtaining a court order declaring the former spouse presumptively dead is
Cases in point: Tenebro v. CA, Victoria Jarillo v. People, Capili v. People actually a voidable marriage. It is a rule that a voidable marriage may only be
The Supreme Court said that bigamy is still committed because what is punished assailed during the lifetime of the parties. Hence, for the subsequent marriage to
be terminated, the recording of the affidavit of reappearance should be made
by bigamy is simply the act of contracting a subsequent marriage during the
during the lifetime of Clemente.
subsistence of the first. It does not matter if the marriage is void.
Hence, Teresita the third wife was awarded the death benefits.
The settled rule
Whether what is void is the first or the second marriage, bigamy is
committed the moment subsequent marriage is entered into. Forget Article 43 Effects of the termination of the subsequent marriage
about the ruling in People v. Murico for it has outlived its jurisprudential
relevance. Effect of the termination of the subsequent marriage by the recording
of the affidavit or reappearance by the missing spouse:
People v. Murico
The Supreme Court acquitted Lucio Murico from the crime of bigamy because it 1. Children born prior to the termination – legitimate
was established that the first marriage was void for absence of a solemnizing
officer. Since there was no marriage to speak of, there can be no bigamy. 2. The property regime shall be dissolved and liquidated in
accordance with the rules governing the absolute community of
Article 41 Presumptive death property regime or conjugal partnership of gains.
Contemplates of a situation where the spouse in a present marriage The property regime governing the spouses in the second marriage is
disappears for 4 years (2 years if there is danger of death) and the either absolute community or conjugal partnership.
present spouse has reason to believe that the missing spouse is The rule on liquidation of property regime depends on the kind of
already dead, that present spouse may contract a subsequent property regime being liquidated
marriage. Absolute Community of Property – Art 108
Conjugal partnership of gains – Art 129
(Rule on dwelling – awarded to the spouse with whom majority of the
Rule:
common children choose to stay)
1. The present spouse needs to file a petition in court, a summary
proceeding to declare the missing spouse presumptively dead. Other property regimes – Art 148 void by reason of legal impediment
2. For the petition to prosper, the spouse must present convincing Special co-ownership – family dwelling shall be divided equally
evidence that diligent effort has been exerted to locate the divided if established to be co-owned by them. Choice of the common
missing spouse but to no avail. children will not matter
Announcement in the radio that the person is missing
Publication in the newspaper that the person is missing 3. In case there is donation by reason of marriage, donation
remains valid. If the donee acted in bad faith, donation is
Effect of declaration of presumptive death revoked by operation of law.
1. The first marriage is considered dissolved by reason of death, When is a party considered in bad faith: When the party at the time of
which is why upon the finality of the judgment declaring the the solemnization of marriage, knew that the other spouse is still alive
despite the judicial declaration of presumptive dead.
spouse in the first marriage presumptively dead, the property
regime in such marriage is dissolved and liquidated.
2. This is however temporary, without prejudice to the reappearance 4. Any insurance policy where the guilty spouse is the beneficiary,
of the missing spouse it is not revoked by operation of law, but revocable only at the
instance of the innocent spouse
Effect if the missing spouse reappears
1. The mere reappearance of the missing spouse does not terminate 5. In testate or intestate successions, the guilty spouse is
disqualified from inheriting from the innocent spouse.
the subsequent marriage and neither does it restore the previous
marriage
2. If the subsequent spouse wishes to resume marital relations with Take Note
The effects of Art 43 equally apply to marriages declared void under
the former spouse, he is required to cause the recording of an
affidavit of reappearance with the LCR of the place where the Art 40 and declared annulled under Art 45
spouses in the subsequent marriage is residing
Hence Art 43 applies to:
3. As soon as the affidavit of reappearance is recorded in the LCR,
the subsequent marriage is automatically terminated and the 1. Subsequent marriage terminated by reason of reappearance of
previous marriage restored. the missing spouse
2. Subsequent marriage entered into by a spouse who is
Sta. Maria’s opinion previously married, without obtaining a judicial declaration of
nullity
Mere reappearance does not terminate the subsequent marriage but
3. Voidable marriages
enough to restore the previous marriage. Hence there will be two valid
marriages.
Relevance of this rule
When the marriage is declared void by reason of Art 40 or declared
This reasoning by Sta. Maria, however, has been negated by the
Supreme Court in the ruling of SSS v. Baylon annulled by reason of Art 45, the property regime obtaining in these
kinds of marriages is either:
1. Absolute community of property
SSS v. Baylon
Clemente Baylon was married to Alice Diaz. After the marriage, Alice
2. Conjugal partnership of gains
disappeared for 15 years and so Baylon filed a petition in court granting Alice Therefore, the liquidation should follow the rules provided for under
presumptively dead. Thereafter, he married Elisa and subsequently, he married 102 and 129
Teresita. He married thrice. He died in the care of the third wife, Teresita and so
it was her who claimed for the death and funeral benefits of her husband and the Therefore
same was given to her.
Marriages declared void by reason of psychological incapacity, lack of
However, the second wife and two daughters came forward to claim the death marriage license or any other ground other than Art 40, the property
benefits of Clemente. Not long after, the first wife reappeared and also dipped regime in these void marriages is not absolute community of property
her fingers into the estate left by Clemente. Hence, a complaint was filed before or conjugal partnership of gains, hence you don’t follow the rules on
the SSS, the issue as to who between the parties is entitled to claim the death liquidation under Art 102 and 129
benefits of Clemente.
Persons and Family Relations l Atty. Randi Torregosa l Reviewer by Tanya Ibañez
The Supreme Court ruled that the first marriage is void for lack of marriage Impotency and STD cannot be ratified – because these are not
license but it does not mean to say that the second marriage is valid just because matters of defective consent and are prejudicial to the interest of an
the first marriage is void, because under Art 40, without the judicial declaration of innocent spouse.
nullity of marriage, the subsequent shall likewise be void for being bigamous.
Susan Yi therefore cannot claim to be the legal wife.
Since the second marriage is void for being bigamous, the property regime Ground Who can file for Prescriptive period
should be governed by Art 148 (co-ownership). Under 148, only the properties annulment
which are acquired by the parties through their actual joint contribution. In this
case, the property left by Juanito consists of his salary, acquired by Juanito
alone. Susan Yi therefore got nothing. not
No parental Person who did obtain Within 5 years after
The Supreme Court made a mistake because the marriage between Juanito and consent the parental consent reaching 21
Susan Yi is exactly the marriage contemplated under Article 40 because the
subsequent marriage was entered into without the benefit of the judicial
declaration of nullity of the first marriage. Hence, the property regime should Insane spouse
have been liquidated according to the rules of either Art 102 or 129 pursuant to
During the time he
Art 43.
comes to reason,
Mental insanity Sane spouse, insane before his death
Article 44 spouse or legal Sane spouse
Contemplates the same situation as 41 (subsequent marriage entered guardian of the insane During the lifetime of
into when the missing was declared presumptively dead), the only either spouses
difference is, in 44, both spouses to the subsequent marriage acted in Legal guardian
bad faith. Lifetime of either
spouses
Effect if both acted in bad faith:
Not the ones mentioned in Art 43.
Fraud Innocent spouse Within 5 years after
Effects:
discovery of the fraud
1. Marriage is void
2. Children conceived within the void marriage – illegitimate
3. Property regime is Art 148 (special co-ownership)
Force, intimidation, Innocent spouse Within 5 years upon
4. All kinds of donations are revoked by operation of law
undue influence cessation of the
5. Insurance policy – void because they are not legally married
cause
6. None may inherit from the other because of the absence of
relationship
Sexual perversion
- Sex with animals
- Oral or anal sex
Different grounds
If collateral attack – any party can file (intestate proceedings, action for
support)
If direct attack – either the husband or wife