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Articles 1 to 54 Follows Prof

Articles 1 to 54 Follows Prof

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Published by: hotjurist on Oct 19, 2009
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07/14/2013

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(Articles 1 to 54 follows Prof. Ruben Balane's Outline)MARRIAGE
Definition Tolentino:
Definitions of Marriage.--
 The term marriage has 2 distinct meanings. In one sense, it islimited to the procedure by w/c a man and a woman become husband and wife. In this concept, it isdefined as
"that act by which a man and a woman unite for life, with the intent to discharge towardssociety and one another those duties which result from the relation of husband and wife."
In the second sense, marriage is a status involving duties and responsibilities w/c are no longermatter for private regulations, but the concern of the State. xxx As such, it is defined as
"the civilstatus of one man and one woman, legally united for life, with rights and duties which, for theestablishment of families and the multiplication of the species, are, from time to time may thereafter be, assigned by law to matrimony."
(Balane quoted Tolentino on the meaning of marriage.)
Purposes of Marriage.--
In general: (1) reproduction, (2) education of the offspring, and (3)mutual help. The
immediate purpose
is the constitution of a complete and perfect community bet. 2individuals of different sexes; the
remote purpose
is the preservation of the human race.
 
Art. 1. Marriage is a special contract of permanent union between a man and awoman entered into in accordance with law for the establishment of conjugal and familylife. 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, exceptthat marriage settlements may fix the property relations during the marriage within thelimits provided by this Code.
 Tolentino:
Marriage a Social Institution.--
Marriage is a contract only in form, but in essence it isan institution of public order, founded on custom and morality. It is a contract
sui generis
w/c cannotbe compared to any other contract.
Characteristics:
(1) It is
civil
in character, bec. it is established by the State independently of itsreligious aspect; (2) it is an institution of 
 public order or policy 
, governed by rules established by laww/c cannot be made inoperative by the stipulation of the parties; (3) it is an institution of 
natural
character, bec. one of its objects is the satisfaction of the intimate sentiments and needs of humanbeings for the organic perpetuation of man.Balane: Marriage is a contract. Art. 52, NCC provides that M is not a mere contract. Art. 1, FC, on theother hand provides that M is a special contract. Both emphasize that M is not just a contract. Tolentino:
Differentiated from Ordinary Contracts:
(1)
 As to parties:
Ordinary contracts (0C)may be entered into by any no. of persons, whether of the same or different sex, while marriage (M)can be entered into only by one man and one woman; (2)
 As to contractual rights and obligations:
InOC, the agreement of the parties have the force of law bet. them while in M, the law fixes the dutiesand rights of the parties; (3)
 As to termination:
OC can be terminated by mutual agreement of theparties, while M cannot be so terminated; neither can it be terminated even though one of the partiessubsequently becomes incapable of performing his part; and (4)
 As to breach:
Breach of OC gives riseto an action for damages, while breach of the obligations of a husband or a wife does not give rise tosuch an action; the law provides penal and civil sanctions, such as prosecution for adultery orconcubinage, and proc. for legal sep.; (5)
 As to effect:
OC do not create status, M does. (no. 5 wasadded by Balane.)Balane: Quite logically, marriage is the starting point of any family relation bec. in our legal system,the family is the keystone of society, the basic unit of society. And marriage is the keystone of thefamily. This is a value judgement. Marriage does not have to be the keystone of the family. But wechoose it to be that way.
 
xxx Much arguments have been raised regarding the status of children on the distinction of legitimate from illegitimate children. There are those who propose the abolition of the distinction as itis not the fault of the illegitimate child that he is such. But one of the uninentended consequence of abolishing the distinction is to erode the institution of marriage. Are we ready to take that path? Tolentino:
Principal Effects of Marriage:
(1) personal and economic relations bet. the sps., w/cbecome sources of impt. rights and duties; (2) the legitimacy of sexual union and of the family; (3)the personal and economic relations bet. parents and children, w/c gives rise to considerable rightsand duties; (4) the family rel'p, from w/ flow various juridical consequences, such as impediments tomarriage, right to support, and rights to inheritance; (5) incapacity of the sps. to make donations toeach other; (6) disqualification of the sps. to testify against each other; (7) modification of crim. liab.,such as by way of 
exemption
when one spouse defends the other from unlawful aggression or is hisaccessory after the fact, or
mitigation
when the crime is committed in vindication of a grave offense tothe spouse, or
aggravation
when the injured is the spouse of the offender, such as in parricide.
Contract to Marry.--
Where parties mutually agree to marry each other at some future time, there isa
contract to marry 
. xxx It can be distinguished from an ordinary contract in that the promise of eitherparty cannot be enforced by court action, bec. the consent to the actual marriage must be purelyvoluntary.
Breach of Promise.--
 There is repudiation where before the time set for the performance of the marriage, one party declares that he will not carry it out, or refuses to further communicate w/ ormaintain a suitor's relation w/ the other party, or puts himself in a position where he cannot executethe contract, as when he marries another.
Damages for Breach.--
[T]he action for breach of promise to marry has no standing in thecivil law, apart from t he right to recover money or property advanced by the plaintiff upon the faith of such promise." (De Jesus v. Syquia, 58 P 866.)We believe that an action based purely on breach of the contract to marry, will not lie. xxx It istrue that she may suffer from wounded feelings and mental anguish, and these are recognized aselements of moral damages under article 2217; but before such damages can be recovered, theremust first be a right of action, and there is no law granting a right of action on breach of contract tomarry. However, we believe that if the action for damages is based on tort or quasi-delict, or onarticles 19, 21, or 22 of the present Code, there would be a sufficient legal basis or right of action fordamages.
Effect of Seduction.--
xxx [I]t is possible legally to base an action upon the carnalknowledge of the pltff. by the def., or upon the seduction, as a fact separate from the contract tomarry. The promise to marry would only be the means of accomplishing the seduction. If theoffended woman has been led to submit to carnal intercourse by the promise of marriage, she shouldbe entitled to damages, not only on the basis of tort or quasi-delict, but under the provisions of art. 21.xxx The essence of the action would not be the breach of the contract, but the tortious orwrongful act or seduction accomplished through the deceitful promise.
Abuse of right.--
Even when there has been no seduction, we believe that under art. 19,damages, may under certain circumstances, be recovered against a party who repudiates a contract tomarry; but the basis of the action cannot be the mere breach of contract itself, but some actconstituting an abuse of right.
Unjust enrichment.--
Another legal basis in connection w/ a breach of contract to marry isart. 22 on unjust enrichment. xxx Gifts to the person to whom the donor is engaged to be married areconsidered legally as conditional, and upon breach of the engagement by the donee, may berecovered by the donor. (see Domalagan v. Bolifer, 33 P 471.)
Oral Agreement.--
Under 1403 "an agreement made in consideration of marriage, other amutual promise to marry," shall be unenforceable by action, unless the same, or some note ormemorandum thereof, be in writing, and subscribed the party sought to be charged. (Statute of Frauds.)It seems to us that the writing is not necessary in an action for damages for breach of acontract to marry. First, where the party who sues for damages has already given the consideration
 
for the promise of the def., it is unjust to deny the action on the plea of the Statute of Frauds. Second,the Statute should apply only when the action is to
enforce
the contract; but not when it is fordamages for breach.
Goitia v. Campos Rueda
[35 P 252] -- F: This is an action for support by G (wife) against R(husband). After 1 mo. of marriage, R repeatedly demanded from G to perform "unchaste andlascivious acts on R's genitals." Bec. of G's refusal, R maltreated G by word and deed, inflicting bodilyinjuries on G. To escape R's lewd designs and avoid further harm, G left the conjugal home and tookrefuge in her parent's house. G filed an action for support w/ the trial court. this was dismissed on theground that R could not be compelled to give support if G lived outside of the conjugal home, unlessthere was legal sep. G appealed.HELD: Marriage is something more than a mere contract. It is a new relation, the rights, duties, andobligations of w/c rest not upon the agreement of the parties but upon the general law w/c defines andprescribes those rights, duties, and obligations. Marriage is an institution, in the maintenance of w/c inits purity the public is deeply interested. It is a relation for life and the parties cannot terminate it atany shorter period by virtue of any contract they may make. The reciprocal rights arising from thisrelation, so long as it continues, are such as the law determines from time to time and none other.When the legal existence of the parties is merged into one by marriage, the new relation is regulatedand controlled by the state or govt upon principles of public policy for the benefit of society as well asthe parties. And when the object of a marriage is defeated by rendering its continuance intolerable toone of the parties and productive of no possible good to the community, relief in some way should beobtainable. The law provides that the H, who is obliged to support the wife, may fulfill this obligation eitherby paying her a fixed pension or by maintaining her in his own home at his option. However, theoption given by law is not absolute. The law will not permit the H to evade or terminate his obligationto support his wife if the wife is driven away from the conjugal home bec. of the H's own wrongful acts.In this case, where the wife was forced to leave the conjugal abode bec. of the lewd designs andphysical assaults of the H, the W may claim support from the H for separate maintenance even outsideof the conjugal home.
I. REQUISITES OF A VALID MARRIAGE
Balane: There are two kinds of requisites, the essential and the formal. There are three essentialrequisites: (1) legal capacity of the contracting parties, (2) consent freely given and (3) difference insex (other commentators opine that this third is already included in legal capacity.)On the other hand, there are also 3 formal requisites: (1) authority of the solemnizing officer,(2) a valid marriage license and (3) some form of cermeony.
Distinction.-- Absence, Defect, Irregularity of Requisites:
(1) Absence of a requisite, whether essential or formal, renders the M voidAbsence means a total want of a requisite. E.g., the total absence of a marriage license(absence of a formal requisite) w/c renders the M void.(2) A defect in the essential requisite makes the M voidableE.g., where the consent of either party was vitiated by intimidation.(3) An irregularity in the formal requisite does not affect the validity of the marriage but this isw/o prejudice to the criminal, civil or administrative liab. of erring officials.E.g., where the marriage license was issued w/o complying w/ the 10-day posting requirement.(Art. 17, FC.)1. Difference in Sex (an essential requisite)-- Articles 2 par. 1, 4 par. 1, 39
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; xxxxxx
Balane: The phrase "who must be a male and a female" was not found in the NCC.

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