Family Code Reviewer
Family Code Reviewer
Family Code Reviewer
Marriage (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 property relations during the marriage within the limits provided by
this Code.
- XPN: There are some marriages that doesn’t need a marriage license (Art. 31-34)
A defect in any of the essential requisites shall render the marriage voidable as provided
in Article 45.
An irregularity in the formal requisite shall not affect the validity of the marriage but the
party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable.
- Note: Article 35 par 2 is about the solemnizing officer who has no authority to contract
marriage but the contracting parties both believed in good faith that such person has the capacity
to contract marriage.
- NOTE: Article 37 and 38 are part of void marriages consisting of the incestuous marriages
and marriages against public policy.
- Marriages between Filipino citizens abroad may be solemnized by: (Art. 10)
1. A consul-general, consul or vice-consul of the Republic of the Philippines. The
issuance of the marriage license and the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration of marriage shall be performed by said
consular official.
Marriage License
o Art. 9 provides for the issuance of the marriage license:
- It shall be issued by the local civil registrar of the city or municipality where either
contracting party habitually resides
- XPN: Marriages where no marriage license is required in accordance with
Chapter 2 of this Title
o Articles 31, 32, 33 and 34 provides for marriages that doesn’t need a marriage
license:
- Article 31: