Family Code Reviewer

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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.

 Affinity vs. Consanguinity


- Affinity denotes the relation that one spouse has to the blood relatives of the other
spouse or it is a relationship by marriage. Consanguinity refers to the people descended
from the same ancestor or it is a relationship by blood.

 Essential Requisite of Marriage (Art. 2) L-C


- 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

- Question: Whose consent?


Answer: Consent refers to the of the contracting parties, not parental consent. Parental
consent is in connection with requisite No. 1 referring to legal capacity.

 Formal Requisite of Marriage (Art. 3) A-V-M


- The formal requisites of marriage are:
1. Authority from the solemnizing officer
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.

- XPN: There are some marriages that doesn’t need a marriage license (Art. 31-34)

 Absence and/or defect in the essential or formal requisite of marriage (Art. 4)


- The absence in any of the essential requisite or formal requisites shall render the
marriage void ab initio, except as stated in Art. 35 (2)

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.

Article 45 is about the marriages that can be annulled

 Contracting parties / Who may contract marriage (Art. 5)


- Any male and female of the age of 18 years upwards not under any impediments
mentioned in Articles 37&38, may contract marriage.

- NOTE: Article 37 and 38 are part of void marriages consisting of the incestuous marriages
and marriages against public policy.

 Solemnizing officer (Art. 7)


- Marriage may be solemnized by:
1. Any incumbent member of the judiciary within the court’s jurisdiction
2. Any priests, 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
officer’s church or religious sect
3. Any ship captain or airplane chief only in cases mentioned in Article 31
4. Any military commander of a unit to which a chaplain is assigned, in the absence
of the latter, during a military operation, likewise only in the cases mention in Article 32
5. Any consul-general, consul or vice-consul in the case provided in Article 10.

- 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.

 Place of solemnization (Art. 8)


- The marriage shall be solemnized:
- publicly in the chambers of the judge or in the open court
- in the church, chapel or temple
- in the office of the consul-general, consul or vice-consul
as the case may be, and not elsewhere
- XPN:
1. In cases of marriage contracted at the point of death or in remote places in
accordance with Article 29 of this code.
2. Where both parties request the solemnizing offer in writing in which case the
marriage may be solemnized at a house or place designated by them in a sworn statement
to that effect.

 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:

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