L3 | MARRIAGE

• FAMILY CODE OF THE PHILIPPINES

  • July 6, 1987
• MARRIAGE

  • Special contract of permanent union between a man and a woman
  • Foundation of the family
  • Inviolable social institution
  • Governed by law and not subject to stipulation
• FORMS OF MARRIAGE

  1. Monogamy
  2. Polygamy
  3. Polygyny
  4. Polyandry
  5. Group marriage
• MONOGAMY

  • Marriage of one man and one woman
• POLYGAMY

  • A plural marriage or having several husbands or wives at the same time
• POLYGYNY

  • Marriage of 1 man to 2 or more women at the same time
• POLYANDRY

  • Marriage of 1 woman to 2 or more men
• GROUP MARRIAGE

  • Marriage of two or more men to two or more women
• 1987 CONSTITUTION

  • February 2, 1987
• ARTICLE XV, 1987 CONSTITUTION

  • Section 1
  • State recognizes the Filipino family as the foundation of the nation.
  • Section 2
  • Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
• MARRIAGE CONTRACT

  • Both a contract and social institution
  • Stipulations are fixed by law not by the parties (exception: marriage settlement provisions)
  • Can be discussed only by death or annulment, not by mutual agreement 
• ORDINARY CONTRACT

  • Merely a contract
  • Stipulations are fixed by the parties
  • Can be ended by mutual agreement and by other legal causes
• ARTICLE 2, ESSENTIAL REQUISITES:

  1. Legal capacity of male and female
  2. Consent in the presence of solemnizing officer
• ARTICLE 3, FORMAL REQUISITES:

  1. Authority of solemnizing officer
  2. Valid marriage license
  3. Marriage ceremony
  4. Appearance of both before the solemnizing officer
  5. Not less than 2 witnesses of legal age
• AGE OF LEGALITY FOR MARRIAGE

  • 18-21 - parental consent
  • 21-25 - parental advice
• ARTICLE 4

  • Absence of any of the essential or formal requisites render the marriage void ab initio (except stated in article 35)
  • Defect in essential requisites = voidable (article 45)
  • Irregularity in formal requisites will not affect validity of marriage
• VOID AB INITIO

  • Void from the start
• ARTICLE 5

  • Male or female age of 18 upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage
• INCESTUOUS MARRIAGE

  • Marriage between 2 people who are closely related by blood or lineage. 
  • Considered immoral and condemned in most societies
• ARTICLE 6

  • No prescribed form or religious rite is required.
  • Necessary to appear personally
  • Not less than 2 witnesses of legal age
  • Contained in marriage certificate signed by both and witnesses, attested by solemnizing officer
• ARTICULO MORTIS

  • At the point of death
  • Sufficient for a witness to write the name of said party (attested by solemnizing officer)
• ARTICLE 7, Marriage be solemnized by:

  1. Incumbent member of the judiciary
  2. Priest, rabbi, imam, minister of any church
  3. At least 1 belong to the solemnizing officer's church
  4. Ship captain / airplane chief (art. 31)
  5. Military commander (art. 32)
  6. Consul officers (art. 10)
• ARTICLE 8, Marriage shall be solemnized publicly in:

  1. Chambers of judge / open court
  2. Church, chapel, temple
  3. Office of consul officers

  EXCEPTIONS:

  1. Articulo mortis
  2. Remote places
  3. Written request on solemnizing officer at a place designated by them
• ARTICLE 26

  • LEX LOCI CELEBRATIONIS
  • Validity of marriage, based on the laws of the place where it was made. 
  • Allows Filipino citizen to remarry under ph law if their foreign spouse has obtained a valid divorce abroad. 
• FAMILY CODE CHAPTER 2: Marriages exempted from license requirement
• • Valid - acceptable, legal
  • Void - Void from the beginning
  • Voidable - Valid until annulled, can be ratified
• CHAPTER 3: Void and Voidable Marriages
• ARTICLE 35, Marriages void from the beginning:

  1. Contracted below 18 even with consent of parents
  2. Solemnized by person not legally authorized unless both parties believing in good faith they did
  3. Solemnized without license
  4. Bigamous or polygamous marriage
  5. Contracted through mistake of identity of the other
  6. Marriages void under article 53
• ARTICLE 36

  • A marriage is void if any party at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage even it it manifest only after its solemnization
• PSYCHOLOGICAL INCAPACITY

  • Mental health condition that prevents a person from fulfilling their marital obligations
• ARTICLE 37

  • Marriages between the following are incestuous and void:

  1. B/w ascendants and descendants of any degree
  2. B/w brother and sisters, half or full blood
• ARTICLE 45. Marriage may be annulled, existing AT THE TIME of marriage:

  1. Married 18+ but below 21, solemnized without consent of parents (unless freely cohabited after 21)
  2. Either party was of unsound mind (unless after coming to reason freely cohabited)
  3. Consent was obtained by fraud (unless freely cohabited even after knowing)
  4. Consent obtained by force, intimidation, or undue influence (unless disappeared freely cohabited)
  5. Physically incapable of consummating and is incurable
  6. Inflicted with sexually transmissible disease found to be serious and incurable
• • Force - connotes a physical harm
  • Intimidation - threat
  • Undue influence - Involvement of status or resources
• ARTICLE 46, Fraud referred in art. 45, no.3:

  1. Non-disclosure of previous conviction by final judgment involving moral turpitude crime
  2. Concealment of wife she was pregnant by other man
  3. Concealment of sexually transmissible disease
  4. Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism
• DURA LEX, SED LEX

  • The law is harsh, but it is still the law
• ARTICLE 55. Petition for legal separation:

  1. Repeated physical violence or grossly abusive conduct
  2. Physical violence or moral pressure to change religious or political affiliation
  3. Attempt to corrupt or induce to engage in prostitution or connivance
  4. Final judgment of imprisonment of more than 6 years
  5. Drug addiction or habitual alcoholism
  6. Lesbianism or homosexuality
  7. Contracting of a subsequent bigamous marriage
  8. Sexual infidelity or perversion
  9. Attempt against the life of the petitioner
  10. Abandonment without justifiable cause for more than 1 year.
• Article 38. Marriages void from the beginning:

  1. B/w collateral blood relatives (legitimate or illegitimate), up to the 4th civil degree
  2. B/w step parents and step children
  3. B/w parents-in-law and children-in-law
  4. B/w the adopting parent and the adopted child
  5. B/w the surviving spouse of the adopting parent and the adopted child
  6. B/w the surviving spouse of the adopted child and the adopter
  7. B/w an adopted child and a legitimate child of the adopter
  8. B/w adopted children of the same adopter
  9. B/w parties where one, to marry the other, killed that other person’s spouse, or own spouse.