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TABLE OF CONTENTS
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MARRIAGE: Its Fundamental Understanding

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1.1 Covenant v. Special Contract

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1.2 Properties of Marriage

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1.3 Elements of Marriage

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1.4 Effects of Marriage

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1.5 Christian Marriage vs. Natural Marriage: Understanding “Validity”

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TYPES OF MARRIAGE

2.1 VALID MARRIAGES

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2.1.1 In General

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2.1.1 The Canonical Perspective

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a) RATUM ET CONSUMMATUM (ratified and consummated)

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i] Ratified (ratum)

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ii] Consummated (Consummatum)

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b) RATUM TANTUM (merely ratified)

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c) Canonically VALID Marriages, In Summary

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2.2 VOID MARRIAGES

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2.2.1 In the Family Code

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2.2.2 In the Canon Law

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2.3 VOIDABLE MARRIAGES

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2.3.1 In the Family Code (Voidable Marriages)

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2.3.2 In the Canon Law (Putative Marriages)

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2.3.2 When CONSENT is Defective

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a. mental incapacity (Canon 1095)

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b. ignorance (Canon 1096)

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c. error about the person (Canon 1097)

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d. error about the marriage (Canon 1099)

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e. Fraud (Canon 1098)

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f.

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Knowledge or opinion of the nullity (Canon 100)

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g. Simulation (Canon 1101)

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h. Conditioned Consent (Canon 1102)

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i.

Force or Grave Fear (Canon 1103)

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REMEDIES for DEFECTIVE Marriages

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3.1 Procedures in the Family Code

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3.1.1 The Role of the Courts in Civil Marriages

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3.1.2 DECLARATION OF ABSOLUTE NULLITY

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3.1.3 ANNULMENT OF VOIDABLE MARRIAGES

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3.1.4 LEGAL SEPARATION

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3.2 Procedures in Canon Law

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3.2.1 DISPENSATION

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3.2.2 CONVALIDATION (“to allow”)

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a) Definition

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b) Kinds of Validation of a Marriage

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i] Simple Validation

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ii] Sanatio in Radice (Radical Sanation)

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3.2.3 DISSOLUTION OF DEFECTIVE MARRIAGES (“to dissolve”) 27

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a) “ratum sed non consummatum" in Canon 1142

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b) Privilegium Paulinum

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c) Privilegium Petrinum

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3.2.4 “LEGAL SEPARATION” in Canon Law

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3.2.5 DECLARATION OF NULLITY in CANON LAW

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“IN MORTIS PERICULO” vs. “IN ARTICULO MORTIS”

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4.1 At The “Point of Death” in the Family Code

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4.2 In “Danger of Death” in the Canon Law

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4.3 Presumption of DEATH

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4.3.1 In Canon Law

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4.3.2 In The Civil Code

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MARRIAGE: Its Fundamental Understanding

1.1 Covenant v. Special Contract
Marriage is understood in Canon Law as a sacrament (Canon 1055 §2). Apart from the
sacramental aspect, no valid matrimonial contract cannot exist.
The Catechism of the Catholic Church defines the seven sacraments as “...efficacious
signs of grace, instituted by Christ and entrusted to the Church, by which divine life is dispensed
to us. The visible rites by which the sacraments are celebrated signify and make present the
graces proper to each sacrament. They bear fruit in those who receive them with the required
dispositions.”1
The idea of "sacrament" and "covenant" are inseparable. The present day understanding
of sacrament finds its root in the ancient concept of covenant (Hebrew: berith). It is a
relationship, a tie between God and man. It was more than a contract, more than a "meeting of
minds," for in a covenant, the parties are bonded and become blood-related. From this aspect of
covenant, the rest of the elements in the relationship are defined, like family, children and
parents, livelihood, etc.
The Latin word "sacramentum" is closest to the word "oath." In the Roman Empire, this
sacramentum is the oath that makes an ordinary person separate from his community and bound
to the military. This oath is not only physical in nature but spiritual as well. Thus, there was not
merely a change of lifestyle, but an ontological change, for every military person who took this
oath.
In the Family Code of 1987, the concept of marriage,2 in a way, is different from the
ordinary understanding of contract in that the word "special" has been added to qualify its basic
meaning. In the Civil Code, the agreements, expectations, and some consequences in an ordinary
contract are defined by the parties entering into such agreement. But in this special contract of
marriage, the "nature, consequences, and incidents are governed by law" and are not subject to
stipulation of the parties. There is an understanding that marriage is not merely a meeting of
minds, but a "special contract of permanent union.” In Article 1305 of the Civil Code, the
concept of contract as a meeting of minds3 is such whereby one person “binds himself with
respect to the other.” Thus, two parties, one male and one female, bind themselves together in a
special meeting of minds, a permanent union.
The Canon Law and the Family Code are clear in that there can only be two parties to
marriage, one female party and one male party. Other than this combination of parties, no
contract is valid, no social institution is established whatever agreement the two parties may bind
each other with. The same is true with the understanding of the Catholic matrimony. There is no
covenant where the binding parties are not male and female. No sacrament is made present; no
grace received.

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Catechism of the Catholic Church, 1131.

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Article 1, FC - 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 the property relations during the marriage within the limits provided by this Code.
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Article 1305, CC - A contract is a meeting of minds between two persons whereby one binds
himself, with respect to the other, to give something or to render some service.

R.” The concept of “inviolability” is enshrined in Section 2 of Article XV of the 1987 Philippine Constitution: “Marriage. The property of “unity” has traditionally been understood as "marital fidelity.” In Republic v. 2001 . 109975. John Huels. JCD and Prof. Notes taken from DCA 5125 Matrimonial Law 1: Marriage Consent (cc.” marriage is understood to be entered into by the parties “in accordance with law. The property of “indissolubility. as an inviolable social institution. As a general rule. In fact. but not in having it dissolved. on the initiative of one or both of the parties. is sought whenever a cause for a declaration of nullity of marriage is raised.”4 Once a man and a woman enter into that unity. 1063-1094.2 Properties of Marriage Properties are descriptive qualities. O. has been interpreted to mean permanence of the union. each party is now excluded from entering into another covenant with a third party. with permission from Prof. MIXED MARRIAGES AND EFFECTS OF MARRIAGE (cc. (Art. IMPEDIMENTS. there can be no other valid covenant.” As a “permanent union. February 9.! of !37 4 1.M. 1-2) Thus. Neither can it be dissolved by any extrinsic cause.” on the other hand. through whose instrumentality the sacrament of matrimony has been established. II.” Article 1 of the Family Code states that its “nature. and DCA 5126a PREPARATION FOR MARRIAGE. XV. Marriage is unity between a man and a woman who decide to be partners for life. JCD. It only means that the sacrament of marriage cannot be terminated by an intrinsic cause. 1055-1062). consequences.I. Secs. decide otherwise. such as by mutual consent of the spouses. It also means that it is presumed to be valid until the Courts. Art. Francis Morrisey. The two essential properties of marriage in Canon Law are its: (1) unity. and incidents are governed by law and not subject to stipulation” of the parties to it. Sec. and (2) indissolubility. It is indissoluble because only death can separate the two partners and is equivocal to the meaning of covenant. by any human authority even those holding the highest supernatural power in the Church. No. the intervention of the Church. any doubt should be resolved in favor of the validity of the marriage. In the Family Code. Although there are some cases where the pope can intervene to dissolve marriages on the presumption that such have been unconsummated. the depositary of the sacraments.. these religious properties seem to be approximately analogical to the secular ideas of “permanent union” and “inviolability. is the foundation of the family and shall be protected by the State. 5 G. or are unratified. The two parties who have entered into it are irreplaceable for so long as the act has been validly contracted and the covenant exists. that is. FORM. as the notion of “unity” presumes singleness of the union and act. Dagdag5. 12. 1108-1140)Winter 2011. 4 The Theology and the Form of Marriage. It also presumes particularity of the two parties in it. the Supreme Court has laid out this rule: “The Court is mindful of the policy of the 1987 Constitution to protect and strengthen the family as the basic autonomous social institution and marriage as the foundation of the family.

Gen 2:18. are directed to disposing the spouses to cooperate valiantly with the love of the Creator and Savior. Family Code .appeal of the body and instinct. Properties and Elements: Canon Law vs.193) on Adoption. who through them will increase and enrich his family from day to day. Rights and Obligations Between Husband and Wife. The first provision defines such marital obligation between husband and wife as an obligation “to live together. has been raised by Christ the Lord to the dignity of a sacrament between the baptized. in which all the elements of the person enter ." and "from the beginning (he) made them male and female". power of feeling and affectivity. in the Catechism of the Catholic Church. Family Code 6 Canon 1055 §1 . and X (Articles 234 . (2) procreation of offspring.”8 The education of children underlies “the fruitfulness of conjugal love (which) extends to the fruits of the moral. and render mutual help and support. The establishment of conjugal life is properly laid out in Title III (Articles 68 . elements are constitutive qualities. The succeeding Titles VI (Articles 163 . and supernatural life that parents hand on to their children…”9 As in the other cases. aspiration of the spirit and of will…”7 In another document of the Catholic Church.233) on Parental Authority. 1643 8 Gaudium et Spes. Gen 1:28. spiritual.3 Elements of Marriage While properties are descriptive qualities. Elements tell us of what should constitute a marriage.! of !37 5 1. 9 Catechism of the Catholic Church. God blessed man and woman with the words: "Be fruitful and multiply. true married love and the whole structure of family life which results from it. this openness to fertility or the procreation of offspring is explained by the following: “God himself said: "It is not good that man should be alone.208) on Support. Properties tell us of how marriage can be described. VIII (Articles 194 .The matrimonial covenant. the good of the spouses has for its end the perfection of conjugal love. Family life is expounded in Title V (Articles 149 ." Hence. The Canon Law has the following elements of marriage:6 (1) good of the spouses. without diminishment of the other ends of marriage.162). wishing to associate them in a special way in his own creative work. the elements constitutive of this “education” is not clarified further by Canon Law but left to jurisprudence. Canon Law does not clarify further what elements constitute the “good of the spouses. respect and fidelity.73) of the Family Code. 7 Catechism of the Catholic Church. TABLE OF COMPARISON On Nature.182) on Paternity and Filiation.”10 Title IV (Articles 74 148) includes the provisions on Property Relations Between Husband and Wife. observe mutual love. Article 1 of the Family Code defines marriage with the end of establishing a conjugal and family life. It defines conjugal love as that which ”involves a totality. and (3) education of the children. VII (Articles 183 . by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring. IX (Articles 209 .” However. Mt 19:4. 1653 10 Article 68.237) on Emancipation and Age of Majority discuss the statutes binding family life and its various facets. 50 #1.

11 Article 63. (2) procreation of offspring. consecrates the spouses in a Christian marriage for the duties and dignity of their state.g. But both contemplate of marital duties and the dignity (inviolability) of married state. In the Family Code.partnership. • Canon 1135 Each spouse has an equal duty and right to those things which belong to the partnership of conjugal life. German: Gemeinschaft (community). e. However. . FC (2) family life Articles 149-237.and gives the statement a more juridical impression. The Family Code contemplates of “marriage bonds”11 in Article 63. Article 73. Italian: comunità. Spanish: consorcio. but the marriage bonds shall not be severed. rights and obligations. The plural form connotes the variety of juridical ties that are established legally when the spouses contract marriage. “partnership” is a more apt translation in English. for example. etc.4 Effects of Marriage Canons 1134 to 1140 enumerates the effects of a canonically valid marriage. This Canon speaks of the idea of “partnership” . FC (Sec 2. The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other. a special sacrament strengthens and. XV Constitution) ELEMENTS (1) good of the spouses.consortium.. only the English version has this translation . as it were. French: communauté.which can be ambiguous as there are other interpretations of the word in the Code . FC 1. the duties and rights of spouses are outlined more particularly in Articles 68 to 73. Canon Law is silent in defining this juridical partnership. and (3) education of the children. Moreover. These rights and obligations are juridical in nature. However. FC PROPERTIES 1) Unity 2) Indissolubility Canon 1056 1) inviolability 2) permanent union Article 1. 12 Canon 1135 Utrique coniugi aequum officium et ius est ad ea quae pertinent ad consortium vitae coniugalis. The following paragraphs point out those effects and discuss their closest counterparts in the Family Code : • Canon 1134 From a valid marriage there arises between the spouses a bond which by its nature is perpetual and exclusive. 13 It is interesting to note that. This is different from the “bond” regarded by the Canon Law which alludes to the unitive property of the sacrament of matrimony.12 in Latin.! of !37 6 CANON LAW CIVIL LAW (Family Code) NATURE covenant/sacrament Canon 1055 §2 special contract Article 1. among the major languages. both have a view of exclusivity (exclusive) and permanence (perpetual). properties. support. The same word is used in Canon 1055 §1. Canon 1055 §1 (1) conjugal life Articles 68-148.13 The word deviates from the theological notion of “community” . Art. Although consortium may signify two or more people working participatively in common activities towards achieving a common objective. The second sentence of Canon 1134 is alien to Family Code in that the former understands marriage as a sacrament and the latter a legal tie.

such as a preexistent marriage that had been contracted by one spouse with a third party. a putative marriage is a valid marriage but legally invalid due to some impediments. under parental authority. Relova.” Article 209 further includes. the “responsibility (of) … caring for and rearing them for civic consciousness and efficiency and the development of their moral. until both parties become certain of its nullity. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate. cultural. 1968) . as in other cases. support of parents to their children “comprises everything indispensable for sustenance. In the Family Code.” • Canon 1136 Parents have the most grave duty and the primary right to take care as best they can for the physical. in a case of doubt. and religious. “Prior to such declaration of nullity. trade or vocation. is defined in Canon 1061§3: “An invalid marriage is called putative if at least one party celebrated it in good faith. A putative marriage. The sacramental bond of matrimony bequeaths on the spouses the grace to build a family. this is equivalent to a voidable marriage. and religious education of their offspring.Marriage possesses the favor of law. And even if a putative marriage be subsequently declared null. medical attendance. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary. education and transportation. mental and physical character and well-being. a putative marriage is valid until the contrary is proven. dwelling. The succeeding articles define the spouses’ property relations which are all under the mantle of court authority. No. parents are bound to provide the total education of their children .”15 Under Article 43 (1) of the said Code.” Thus. The “duty” that is contemplated in this Canon springs from a moral responsibility. • Canon 1138 §1. the validity of the first marriage is beyond question. and render mutual help and support.R. in the canonical parlance.” The Canon Law and Family Code have an agreement pertaining this aspect of parental obligation. respect and fidelity. therefore. this obligation is juridical in nature. in keeping with the financial capacity of the family… includ(ing) his schooling or training for some profession. moral. A voidable marriage is valid until it is annulled.14 Canon Law favours the children born of a putative marriage to be legitimate. the children remain to be legitimate. However. 15 Landicho vs. 14 Canon 1060 . moral. “[T]the children of the subsequent marriage conceived prior to its termination shall be considered legitimate. clothing. the validity of a marriage must be upheld until the contrary is proven. Under Article 194 of the Family Code. • Canon 1137 The children conceived or born of a valid or putative marriage are legitimate. G. Thus. As a guiding provision. Because of the stipulation in Canon 1060. even beyond the age of majority. • §2. Understood to be within the ambit of that grace is that parental obligation to take care of their offspring in pursuit of a perfect conjugal love.! of !37 7 gives the court the authority to decide in case there are disagreements between the spouses. social. Article 68 states that both spouses must “observe mutual love. L-22579 (February 23. cultural.physical.” Both Canon Law and the Family Code give the same effect in terms of the legitimacy of the children born of putative (or voidable) marriage. social.

It had been a practice not to ordain to the Sacred Orders those who were born illegitimate. Article 169 adds that “[T]the legitimacy or illegitimacy of a child born after 300 days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. (8) incestuosi: if parents are related by collateral consanguinity or affinity. (9) nefarii: if parents are related by direct ascent or descent. Beneficiary rights under SSS and GSIS and paternity leave of the legitimate father are also involved. (7) adulterini: if both parents are married to third parties. namely: (1) naturales: if born of unmarried persons who. (5) ex damnato coitu: if a valid marriage is impossible for the parents either at the time of conception or birth of the child. The Pope has the power of legitimating children born out of wedlock. at that time of conception or birth of the child. at that time of conception or birth of the child. (6) nothi: if one parent is married. and ecclesiastical benefices. such as right to succession. (3) bastardi: if born of neither a prostitute or a concubine mother. the issue of legitimacy is connected with particular rights. honours. Under Article 168 of the Family Code: “If the marriage is terminated and the mother contracted another marriage within 300 days after such termination of the former marriage.newadvent. In the Family Code. even though it be born within the 300 days after the termination of the former marriage. (2) A child born after 180 days following the celebration of the subsequent marriage is considered to have been conceived during such marriage. (4) spurii: if born of unmarried persons who.16 A legitimate child is capable of hereditary succession. dignities. (2) manzeres: if born of a prostitute mother. In Canon Law. use of father’s surname. http://www. parental authority and support. are incapable of a legitimate marriage.” Furthermore. 16 Catholic Encyclopaedia. whether the marriage is valid or putative. There are two ways whereby an illegitimate child may be legitimated: (1) by the subsequent marriage of the parents. provided it be born within 300 days after the termination of the former marriage.org/cathen/09131e.” • Canon 1139 Illegitimate children are legitimated by the subsequent valid or putative marriage of their parents or by a rescript of the Holy See. unless they are lawfully dispensed or professed in a religious order. (2) by a rescript of the Holy See. these rules shall govern in the absence of proof to the contrary: (1) A child born before 180 days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage. and of receiving sacred orders. there are various kinds of illegitimate children.htm . are capable of a legitimate marriage.! of !37 8 Legitimacy is important in the old Canon Law because illegitimacy is a canonical irregularity.

Rejos. “nature. Legitimated children shall enjoy the same rights as legitimate children. help and support Article 68. and incidents…governed by law Article 1. The following provisions are pertinent: “Article 179. clothing. consequences. transportation. the right to participate in a succession proceeding opened before the marriage. Only children conceived and born outside of wedlock of parents who. consequently. The Family Code does not distinguish among the different kinds of illegitimate children. medical attendance. perpetual and exclusive Canon 1134 legal and juridical tie. or even when the subsequent marriage is preceded by another.… schooling or training for some profession. By operative act. the right to represent his deceased father in matters of succession17. Obispo. FC indispensable for sustenance. and the right to now use his father’s surname.” Since the effects of legitimation shall retroact to the time of birth of the child. social. at the time of the conception of the former. and religious education of their offspring “comprises everything Article 194. were not disqualified by any impediment to marry each other may be legitimated. cultural. trade or vocation. therefore. Legitimation can take place even for natural children who are already dead and.R. fidelity.” 17 Obispo vs.! of !37 9 The legitimation of children does not depend on the will of their parents. shall enjoy the same rights as a legitimate child. Legitimation extends as well to dead children in view of benefitting their descendants (Article 180). respect. legitimation can take place even if the parents are unwilling. then the legitimated child is legally deemed to be born as a legitimate child and. Such is stipulated in Article 177 of the Code: “Article 177. legitimation pursuant to the Family Code shall take place by a subsequent marriage of the parents. There is no difference between Canon Law and the Family Code in terms of the effects of legitimation. 1956) 18 Rodriguez vs. No.18 TABLE OF COMPARISON On the Effects Of Marriage: Canon Law vs.” Like in Canon Law. among others. • Canon 1140 As regards canonical effects. FC PARENTAL DUTY AND RIGHT OVER CHILDREN take care as best Canon 1136 they can for the physical. dwelling. L-7210 (September 26. moral.” “Article 180. 97 Phil 659 . FC BASIS OF MARITAL DUTY AND RIGHT partnership (consortium) Canon 1135 mutuality of love. Such rights include. The effects of legitimation shall retroact to the time of the child's birth. Family Code CANON LAW FAMILY CODE NATURE OF THE MARITAL BOND Sacramental. G. to their living descendants. even beyond the age of majority. There is only one way by which an illegitimate child may be given the rights of a legitimate child. but on the condition that such marriage is a valid one (Article 178). legitimated children are equal in all things to legitimate ones unless the law has expressly provided otherwise. education.

Article 179. Natural Marriage: Understanding “Validity” A Christian marriage is one being referred to by a canonical marriage.5 Christian Marriage vs. In the Philippines.! of !37 10 CANON LAW FAMILY CODE “caring for and rearing them for civic consciousness and efficiency and the development of their moral. Thus. provided born within 300 days after end of 1st. FC born > 180 days after 2nd marriage = conceived during 2nd marriage. FC DETERMINATION OF LEGITIMACY OF CHILDREN born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life Canon 1138 born < 180 days after 2nd marriage = conceived during 1st marriage. in the eyes of Canon Law. FC 1. since a Catholic priest is one of those official solemnizing officers contemplated by law. FC by a subsequent marriage of the parents. FC LEGITIMATION OF AN ILLEGITIMATE CHILD RIGHTS OF THE LEGITIMATED CHILDREN by the subsequent valid or putative marriage of their parents or by a rescript of the Holy See equal in all things to legitimate ones unless the law has expressly provided otherwise Canon 1139 (1) such marriage is a valid one. A natural marriage. marriages solemnized by him are . FC the same rights as legitimate children. but on the condition that: Article 178. under Article 7 (2) of the Family Code.for Family Code) MARRIAGE Legitimate Canon 1137 Legitimate Article 43 (1).” Article 209. FC CHILDREN CONCEIVED OR BORN OF A VALID PUTATIVE (VOIDABLE . and Canon 1140 (2) child conceived at the time when parents are not disqualified to marry Article 177. is a marriage performed under the civil laws of men. even born within the 300 days after end of 1st. mental and physical character and well-being. Article 168 (1). a marriage performed according to the statutes of the Family Code is a natural marriage. It is performed according to the requirements of Canon Law and the rites of the Roman Catholic Church. Article 168 (2). FC born > 300 days after end of marriage = proved by whoever alleges Article 169.

officially called a Certificate of Registration of Authority to Solemnize Marriage (CRASM). 1959]) 21 Article 35 . “Canon 1108 §1. ship captain. are not valid in the eyes of Canon Law.! of !37 11 valid marriages. priest. However. consul-general. Only those marriages are valid which are contracted before the local ordinary. and municipal mayors. . Family Code. Bustamante. 20 Pursuant to Section 444(xviii) and 445(4) of the Local Government Code of 1991. Hence.” “§2. 144. a ViceMayor may also solemnize marriage. §§1-2. 1116. (II) A valid marriage license. airplane chief.The following marriages shall be void from the beginning: (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so. who assist. namely: (I) Legal capacity of the contracting parties who must be a male and a female. and (III) 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. In the Family Code. or a priest or deacon delegated by either of them. In fact. under Articles 2 and 3. pastor. Except as stated in Article 35 (2).” Canon 1108 §1 and §2 specify the canonical form of a Christian marriage. such as those solemnized by an incumbent member of the judiciary.R.19 and provided that such marriages are performed with the essential and formal requisites. military commander. AND b) by the formal requisites under Article 3. The person who assists at a marriage is understood to be only that person who is present.22 19 This authority is in a form of a license. 1112 §1. The proper canonical form is a requirement for the validity of a Christian marriage. issued by the Office of the Civil Registrar General. provided that such priest has authority. such marriages are inexistent in Canon Law for being void ab initio. whether in his capacity as Acting Mayor or “merely acting as mayor” for so long as he discharges all the duties and wields the power appurtenant to the Office of the Mayor (People vs. G. and 1127. and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in Cann. even if they have followed strictly the requirements of law. civil marriages which are not solemnized under the Catholic rite. minister of any church or religious sect. asks for the manifestation of the consent of the contracting parties. any marriage that is not solemnized by an ordained minister (Bishop. imam. validity of marriage is defined: (a) by the essential requirements under Article 2. namely: (I) Authority of the solemnizing officer. and receives it in the name of the Church. 22 Article 4.20 even if they are in fact official solemnizing officers pursuant to the Family Code and. No.21 the absence of any of the essential or formal requisites shall render the marriage void ab initio. and (II) Consent freely given in the presence of the solemnizing officer. L-11598 [January 27. deacon) of the Catholic church is invalid for lack of canonical form. consul or viceconsul. rabbi.

it is called ratum et consummatum if the spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring. (2) they freely exchange their consent. .1 The Canonical Perspective “Canon 1061 §1. Family Code CANON LAW (1) the spouses are free to marry. (1) Authority of the solemnizing officer.1 VALID MARRIAGES 2. they have the intention to marry for life.0 TYPES OF MARRIAGE 2. before an authorised minister of the Church: bishop. (3) in consenting to marry.1 In General Whether in Canon Law or the Family Code.unmarried man and woman .! of !37 12 2. and (4) their consent is given in the canonical form . priest. to be faithful to one another and be open to children.” . and (There are 3) . A valid marriage between the baptized is called ratum tantum if it has not been consummated.1. a marriage is presumed to be valid if it is celebrated with all the necessary requirements for validity. and impediments as set out by canon law.with no FAMILY CODE ESSENTIAL ︎(1) Legal capacity of REQUISITES the contracting parties who must be a male (There are 2) and a female. The following table shows the requisites of a valid marriage: TABLE OF COMPARISON OF REQUISITES OF MARRIAGE: Canon Law vs. (3) A marriage ceremony with the contracting parties before the solemnizing officer and in the presence of not less than two witnesses of legal age.canonical form means that consent is given in the presence of two witnesses and before a properly authorized church minister.1. deacon. to which marriage is ordered by its nature and by which the spouses become one flesh. FORMAL (2) A valid marriage REQUISITES license. 2.necessary age - or consent from parents in certain case no impediment caused by prior existing marriage or by relationship (consanguinity or affinity) (2) Consent freely given in the presence of the solemnizing officer.

It required on the part of the man the three stages in a consummated act . to which marriage is ordered by its nature and by which the spouses become one flesh. The definition found in Canon 1061 §1 mentions of “in human fashion” (inter se humano modo)24 as a modifier of the conjugal act.! of !37 13 a) RATUM ET CONSUMMATUM (ratified and consummated) i] Ratified (ratum) A marriage is said to be ratified if the requirements for validity are present: • sufficient consent • absence of any impediment • observance of the canonical form Thus. However.erection of the penis. p. consummation is presumed until the contrary is proven. This adjectival phrase has raised interesting discussions and fierce debates between the liberal and the traditional canon lawyers. 426 24 “ratum et consummatum. 23 Acta Apostolicae Sedis. Since 1977. marriage is deemed sacramental once it is validly celebrated or ratified. The old jurisprudence in Canon Law about consummation had been technically strict. si coniuges inter se humano modo posuerunt coniugalem actum per se aptum ad prolis generationem.e. These technical description of what constitutes a conjugal act was also the guide in understanding impotence as an impediment. there was no conjugal act between the spouses. penetration and ejaculation inside the wife’s vagina of the semen produced in the male testicles. On the part of the woman. ad quem natura sua ordinatur matrimonium. If the spouses have lived together after the celebration of their marriage. et quo coniuges fiunt una caro. i. by a decree of the Holy See. ii] Consummated (Consummatum) The exact definition of consummation is found in Canon 1061 §1: if the spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring. . is called ratum tantum. her vagina must be capable of receiving the husband’s penis aiming on to her uterus.23 the principle that the semen should be produced in the male testicles was no longer adopted.. Ethical questions have also arisen especially in the field of science and medicine.” 25 Can 1061 §2. 69 (1977).25 b) RATUM TANTUM (merely ratified) A marriage that is ratified but non-consummated. it must be pointed out that it is the consummation that makes a sacramental (ratum) marriage indissoluble. A ratum tantum marriage is a valid and sacramental marriage. Is an in-vitro fertilization a violation of the act of consummation because it does not strictly follow the “human fashion”? Canon 1061 §2 states the presumption of consummation in marriages that are properly celebrated.

In Summary There are actually four types of valid marriages in Canon Law. disparitas culti)26 Among these. the first (ratum et consummatum) is intrinsically indissoluble. Seventh-Day Adventist Church.” c) Canonically VALID Marriages. the Roman Pontiff can dissolve a nonconsummated marriage between baptized persons or between a baptized party and a non-baptized party at the request of both parties or of one of them. . even if the other party is unwilling. The following churches have valid baptisms: Lutheran Church in the Philippines (LCP). Presbyterian Church. As shown in the list above.through a process called Petrine Privilege.between a baptized Catholic and a non-Catholic but whose baptism is valid in the Catholic Church. The other three are. there are non-sacramental marriages that are deemed valid. in one way or another. Iglesia Evangelica Metodista en las Islas Filipinas (IEMELIF). It is interesting to note that it is not the sacramentality that makes for validity. a non-consummated marriage. “Canon 1142 For a just cause. namely: iii) Non-sacramental marriage between non-baptized persons iv) Non-sacramental marriage between one baptized and one non-baptized (matrimonia mixta. Convention of the Philippine Baptist Churches (CPBC). Philipine Episcopal Church (PEC). even if it is sacramental one can be dissolved by the Pope . namely: i) Sacramental marriage between two baptized that is consummated (ratum et consummatum) ii) Sacramental marriage between two baptized but is not consummated (ratum tantum) The other two will be discussed in later section below.” Thus.! of !37 14 “Canon 1141 A marriage that is ratum et consummatum can be dissolved by no human power and by no cause. This will be discussed further below. United Church of Christ in the Philippines (UCCP). except death. TABLE OF VALID MARRIAGES IN CANON LAW SACRAMENTAL between 2 BAPTIZED consummated (ratum et consummatum) SACRAMENTAL between 2 BAPTIZED non consummated (ratum tantum) NON-SACRAMENTAL between 2 non-BAPTIZED NON-SACRAMENTAL between 1 BAPTIZED and 1 non-BAPTIZED (dispensed for mixed marriage or disparity of cult) 26 Mixed Marriage . The first two have been discussed immediately above. United Methodist Church in the Philippines (UMCP). dissoluble.but only by him . Disparity of Cult .between a baptized Catholic and a non-Christian.

A marriage contracted by any party who. For reasons of public policy. the presence of only one witness. 27 Article 35 (2) . are void ab initio. failure to comply with procedural requirements in the application for a marriage license. (5) Those contracted through mistake of one contracting party as to the identity of the other. or non-observance of the 3-month period after publication. whether of the full or half blood. Article 37 lists down those prohibited blood relationships as follows: (1) Between ascendants and descendants of any degree. the following marriages are also prohibited and are void from the beginning: (1) Between collateral blood relatives whether legitimate or illegitimate. For example.1 In the Family Code Article 4 of the Family Code clarifies that “[T]the absence of any of the essential or formal requisites shall render the marriage void ab initio.2 VOID MARRIAGES 2. at the time of the celebration. (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so. shall likewise be void even if such incapacity becomes manifest only after its solemnization. This is true whether the relationship is legitimate or illegitimate. Apart from this list. (2) Between step-parents and step-children. was psychologically incapacitated to comply with the essential marital obligations of marriage. (3) Those solemnized without license. pursuant to the Family Code. want of legal age of the witnesses. and (6) Those subsequent marriages that are void under Article 53. Psychological incapacity does not refer to mental incapacity that is tantamount to insanity which.2. merely renders the marriage voidable. and (2) Between brothers and sisters. Incestuous marriages. or of the requirements of notice for posting are all irregularities but do not invalidate a marriage. except as stated in Article 35 (2). except those covered the preceding Chapter. up to the fourth civil degree.”27 In general.Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so. mere irregularity in formal requisites will not affect the validity of a civil marriage. Article 36 adds “psychological incapacity”28 as a ground for nullity. (As amended by Executive Order 227). 28 Article 36 . . those that are contracted between parties that are closely related by blood to a certain prohibited degree. Article 35 of the Family Code lists down the marriages which are void ab initio: (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians. (4) Those bigamous or polygamous marriages not failing under Article 41.! of !37 15 2.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee. killed that other person's spouse. a marriage contracted by a person during the subsistence of a previous marriage29 is null and void under Article 41. 2. any act that the law takes cognizance of. unless before the celebration of the subsequent marriage.2 In the Canon Law In the Canon Law. But not all impediments can render a marriage null and void. Some render it only defective. Between an adopted child and a legitimate child of the adopter.A marriage contracted by any person during subsistence of a previous marriage shall be null and void. the nullity of a marriage depends on the presence of impediments. An impediment.! of !37 16 (3) (4) (5) (6) (7) (8) (9) Between parents-in-law and children-in-law. with the intention to marry the other.30 The following are the classifications of impediments and their effects: TABLE OF THE CLASSIFICATIONS OF IMPEDIMENTS IN CANON LAW AS TO Effect on sacrament DIRIMENT renders a marriage null and void vs PROHIBITORY renders a marriage illicit Forum PUBLIC can be proved in the external forum vs OCCULT cannot be proved in external forum Origin DIVINE cannot be dispensed vs ECCLESIASTICAL can be dispensed Application to parties ABSOLUTE applies to one party regardless of the other vs RELATIVE applies only in relation to some other parties Duration PERMANENT Authority to dispense by the LOCAL ORDINARY vs TEMPORARY dispensation by the diocesan bishop sufficient vs by the POPE dispensation reserved only to the Supreme Pontiff 29 Article 41 . or at least from performing regularly. Between the surviving spouse of the adopting parent and the adopted child. or his or her own spouse. Furthermore. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code. Between adopted children of the same adopter. without prejudice to the effect of reappearance of the absent spouse. Between the adopting parent and the adopted child. or to whatever prevents him from performing.newadvent. an absence of only two years shall be sufficient. Between the surviving spouse of the adopted child and the adopter. 30 Catholic Encyclopaedia. in general.org/cathen/07695a. refers to whatever hinders the free action of an agent.htm .2. http://www. the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. and Between parties where one.

IMPOTENCY Canon 1084 Divine natural law physical capability for completed vaginal intercourse. Permanent the parties are related by marriage to a prohibited degree PUBLIC PROPRIETY Canon 1093 Ecclesiastical. Permanent a party to the marriage has made a perpetual vow of chastity ABDUCTION Canon 1089 Ecclesiastical. we shall treat only those diriment impediments as they are causes for the nullity of a Christian marriage.! of !37 17 For purposes of our discussion. Relative. Relative.31 Below is a list of the diriment impediments to marriage. . DISPARITY OF CULT Canon 1086 Ecclesiastical. Absolute. Permanent arises from an invalid marriage after the establishment of common life or from notorious or public concubinage ADOPTION Canon 1094 Ecclesiastical. They render a person unqualified to contract marriage validly. dispensed by the local ordinary. or done in another church. The first twelve are found in Chapter III of Title VII of the Canon Law. Relative. wherein the man ejaculates "true semen" into the woman's vagina.” The rest are the other factors that invalidate marriage: TABLE OF DIRIMENT IMPEDIMENTS IN CANON LAW DIRIMENT CANON IMPEDIMENT 31 CLASSIFICATION OF IMPEDIMENT REMARKS AGE Canon 1083 Ecclesiastical 16 years for men. Permanent parties are related by adoption Canon 1073 . Temporary the woman has been forcibly taken by the man in view of contracting marriage CRIMEN / CONIUGICIDE Canon 1090 Ecclesiastical. 14 years for women. temporary Whether civil or Christian marriage. absolute.A diriment impediment renders a person unqualified to contract marriage validly. Relative. “Specific Diriment Impediments. Permanent on the part of the man PERPETUAL VOW OF CHASTITY Canon 1088 Ecclesiastical. Permanent AFFINITY Canon 1092 Ecclesiastical. Absolute. Permanent a party or both have killed a spouse in order to contract a marriage with each other. Relative. Relative marriage between a Catholic and a nonbaptized person. CONSANGUINITY Canon 1091 Ecclesiastical or the parties are related by blood divine (depending on the degree). SACRED ORDERS Canon 1087 Ecclesiastical. PREVIOUS MARRIAGE Canon 1085 Divine.

Family Code. habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. she was pregnant by a man other than her husband. unless such party after coming to reason. Concealment of sexually transmissible disease. unless such party afterwards. b.1 In the Family Code (Voidable Marriages) Article 45 of the Family Code enumerates the causes. existing at the time of the marriage. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude. freely cohabited with the other as husband and wife. regardless of its nature. They are the following: (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one. (2) That either party was of unsound mind. such party freely cohabited with the other and both lived together as husband and wife. and the marriage was solemnized without the consent of the parents. with full knowledge of the facts constituting the fraud.! of !37 18 TABLE OF OTHER SPECIFIC IMPEDIMENTS IN CANON LAW DIRIMENT IMPEDIMENT CANON CLASSIFICATION OF IMPEDIMENT REMARKS LACK OF CANONICAL FORM Canon 1108 Ecclesiastical a marriage that was done without complying to the requisites or following the prescribed rite COERCION Canon 1103 Relative. guardian or person having substitute parental authority over the party. in that order. 32 Article 46. (3) That the consent of either party was obtained by fraud. for which a marriage may be annulled. (the following constitute fraud:32) a. Concealment of drug addiction. Temporary one party is forced to enter into marriage MENTAL / PSYCHOLOGICAL INCAPACITY Canon 1095 Absolute both parties to a marriage must understand the minimum of what it entails and have the capacity to accept the duties and responsibilities attached REFUSAL TO HAVE CHILDREN Canon 1101 Absolute. .3 VOIDABLE MARRIAGES 2.3. Temporary when one or both intentionally exclude fidelity as a basis for marriage. existing at the time of marriage. freely cohabited with the other as husband and wife. c. Concealment by the wife of the fact that at the time of the marriage. 2. or d. unless after attaining the age of twenty-one. Temporary when one or both have the capacity to produce offsprings but intentionally refuse to bear children REFUSAL TO COMMIT TO FIDELITY Canon 1101 Absolute.

3. that is. there has been no marriage at all. (5) That either party was physically incapable of consummating the marriage with the other. in the sense that is used in the Family Code. However.! of !37 19 (4) That the consent of either party was obtained by force. such party thereafter freely cohabited with the other as husband and wife. 2.2 In the Canon Law (Putative Marriages) In Canon Law. but putative marriages. This shall be discussed later in other sections. this idea is non-existent in the Canon Law. therefore. When the Church so decides that a putative marriage33 is null. such marriage is considered valid before the court’s declaration of its nullity. . there is no “annulment” but a “declaration of nullity” of a marriage.An invalid marriage is said to be putative if it has been celebrated in good faith by at least one party. or to say the least. While Canon Law and the Family Code are one in its treatment of a void marriage as having no legal recognition. Such recognition by the Church of a putative marriage gives rise to "natural obligations. Strictly speaking. There is no valid marriage that can be voided. In the Canon Law. is the court’s act of declaring a marriage void. so to speak. it is null and void due to the presence of a diriment impediment. inexistent. but declaring that the marriage did not exist since the beginning. and illegitimate children are legitimized by either a valid marriage or a putative marriage of their parents. TABLE OF DISTINCTIONS OF MARRIAGES: Family Code and Canon Law MARRIAGES IN THE FAMILY CODE status VALID condition • • 33 when all ESSENTIAL and FORMAL requisites are present when a FORMAL requisite is irregular possible action cannot be ANNULED VALID BUT VOIDABLE when any of ESSENTIAL requisites is defective subject to ANNULMENT NULL AND VOID when any of ESSENTIAL or FORMAL requisites is absent VOID from the beginning (declaration of nullity) Canon 1061.” Children conceived or born of a putative marriage are considered legitimate. §3 . Either a marriage is valid or invalid at the onset. therefore. It ceases to be such when both parties become certain of its nullity. unless the same having disappeared or ceased. it is actually not annulling the marriage. that are not regarded as sacramental. or (6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. those that are capable of being declared null and void ab initio. But again. what we have are not voidable marriages.2.2 below. intimidation or undue influence. as one or both spouses entered into it in good faith and believed it was so. as discussed in section 3. in reality. Annulment. a voidable marriage in the Family Code is one that is valid until annulled. therefore. and such incapacity continues and appears to be incurable. where at least one party is non-baptized. A putative marriage is commonly reputed to be valid. in the civil parlance. with the exception of those valid natural marriages. Putative marriages are also subject to validation.

intimidation. like in the case of “roleplaying” or “acting.No marriage shall be valid. and (2) Consent freely given in the presence of the solemnizing officer. consent is an essential requisite of a valid marriage.. ii. But when there is consent.! of !37 20 MARRIAGES IN CANON LAW status condition possible action SACRAMENTAL. VALID Ratified in Canonical Form and and CONSUMMATED Consummated cannot be declared NULL SACRAMENTAL. or when the parties had no intention to be bound. The reasons for invalidity of consent are discussed in the following: a. However.3. force. iii. etc. mental incapacity (Canon 1095) There are three conditions mentioned under Canon 1095 that makes a person incapable of contracting marriage: i. lack of sufficient reason. incapability of assuming the essential matrimonial obligations due to causes of a psychic nature. 34 Article 2 . If there is a total absence of consent. VALID Ratified in Canonical Form but but NON NOT consummated CONSUMMATED subject to dissolution by Pope under Canon 1142 PUTATIVE (INVALID) • • • when IMPEDIMENT is present • only between 2 Catholics • subject to DISPENSATION subject to VALIDATION to become sacramental subject to declaration of nullity VALID BUT NONSACRAMENTAL when entered into by 1 BAPTIZED • CATHOLIC and a non-Catholic baptized in the canonical form • • subject to DISPENSATION for validity only. but the consent is vitiated by error. fraud. then the marriage is valid but voidable. .2 When CONSENT is Defective In the Family Code. a defective consent in Canon Law invalidates marriage. grave lack of discretion of judgment about essential rights and duties which are mutually accepted and given in matrimony.” then the marriage is void. Canon Law has the same understanding of consent as the Civil Code. unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female. violence.34 This is so because marriage is a contract and must be done in free and voluntary act. not sacramentally subject to SANATION subject to Petrine privilege VALID BUT NONSACRAMENTAL when entered into by 2 nonCatholic baptized outside the canonical form subject to Pauline Privilege • 2.

Such circumstance is not invalidating. 36 Canon 1096 §1 . is invalidating. An error about the qualities of a person does not invalidate the marriage. ignorance36 (Canon 1096) Canon 1096 §1 requires the persons contracting marriage to have the basic knowledge about marriage: i.com/expert/answers/marital_consent. The error may not be a positive fraud but a concealment of some “qualities” which the other party has a right to know. that it is a permanent partnership. 35 https://www. the contracting parties must be at least not ignorant that marriage is a permanent partnership between a man and a woman ordered to the procreation of offspring by means of some sexual cooperation. b. does not invalidate marriage. What invalidates it is when such error conditions the will. are examples of the incapability of assuming the essential matrimonial obligations [iii]. In 1987. but fail in this third condition.ewtn. which invalidates marriage (§1). 37 Canon 1099 . This constitutes an error pursuant to Canon 1099. that it must have some sexual cooperation. concerning some quality of the other partner which by its very nature can gravely disturb the partnership of conjugal life. grave illness. . e. like unity.htm.Error concerning the unity or indissolubility or sacramental dignity of marriage does not vitiate matrimonial consent provided that it does not determine the will. except when such quality is directly and principally intended (§2). and not difficulty. c. that it is ordered for the procreation of offspring.A person contracts invalidly who enters into a marriage deceived by malice. ii. error about the marriage37 (Canon 1099) Error about the properties of a marriage. Pope John Paul II ruled that only incapacity. A person may have the sufficient reason [i] and discretion [ii]. perpetrated to obtain consent. iv. somewhat similar to “psychological incapacity” in the Family Code. Discretion is synonymous to freedom of decision.For matrimonial consent to exist. Psychosexual and personality disorders. iii. and which can gravely disturb the partnership of conjugal life. For example. a Muslim male marries a Christian (if this is possible with the former). d. A person may have difficulty to assume the essential rights and duties of marriage. error about the person (Canon 1097) The error that is contemplated by Canon Law is the error about the person. like in the Family Code. without realizing that he cannot have a second wife as Muslims are allowed to do and so does he intend. Fraud (Canon 1098) Canon 1098 actually talks about a party who the attempts to deceive38 another in order to obtain consent from the latter. indissolubility or sacramental dignity. 38 Canon 1098 .35 It takes a grave condition such as schizophrenia or alcoholic state to invalidate marriage based on lack of reason. concealment of sexually transmitted disease. It can also apply to a third party who uses deceit on one or both parties.! of !37 21 Possession of sufficient reason means that there is basic level of maturity to judge and to will a truly human act. but still he or she has the capacity. Thus. that it is entered into between a man and a woman.

For example. good customs. When the impediment is removed. or with an ulterior motive that excludes one of the essential elements or properties of marriage. for example. 280 SCRA 297. deliberately made by agreement of the parties. the woman may condition her consent on the innocence of the man. knowing it is invalid due to a subsisting prior marital bond.! of !37 22 homosexuality or addictions to vice can be forms of deceit. Knowledge or opinion of the nullity (Canon 1100) A person contracting marriage with the knowledge that he or she is entering an invalid marriage does not ipso facto exclude the existence of consent. Conditions concerning the past and present may be accepted. §3 . tax evasion. the appearance of a juridical act which does not exist or is different from that which was really executed. a person entering into marriage. . was accepted but not anymore in the new Code. While both total and partial simulation in Canon Law render a marriage invalid. the woman may file for a decree of nullity.A marriage subject to a condition about the future cannot be contracted validly. wills to contract marriage. h. For example. only the absolute simulation of a contract in Civil Code is void. say by death of the first spouse. [Note that in the Civil Code. provided that there is a written consent of the diocesan bishop. Partially simulated consent occurs when the will of one or both parties positively excludes some essential element or property of marriage like procreation of offsprings and education of children. cannot be placed licitly without the written permission of the local ordinary. morals. It makes the consent defective or introduces an impediment to the marriage. Civil Code) has approximately the same meaning and types.The condition mentioned in §2. In this case. etc. Totally simulated consent occurs when one or both parties do not intend to marry. g.” Villaflor vs. a woman marries a man who is charged for a crime. 
 or consideration of separation after some time which excludes indissolubility. the birth of a male successor. 337 (1997).A marriage entered into subject to a condition about the past or the present is valid or not insofar as that which is subject to the condition exists or not. The person commits a simulation of consent. 40 Canon 1102 §1 . in order to produce. 39 “Simulation occurs when an apparent contract is a declaration of a fictitious will. such consent is invalid. If ever the man is found guilty in the future. A person who conceals such qualities deprives the other party of the freedom of choice. the consent becomes now unimpeded and only needs sanation by the Church authority. The fictitious will is given with the end of obtaining only the sexual rights or some hidden agenda like securing an immigration status. public order or public policy. Article 1345. simulation39 (of a contract. however. f. ii. relative simulation binds the parties validly into the agreement for as long as it is not prejudicial to a third person nor contrary to law. The consent is not lacking in this case but is impeded due to the first marriage. Conditioned Consent40 (Canon 1102) Before. except that of the effects. but who pleads innocence. §2 . Court of Appeals. for the purpose of deception. a future condition on consent.] There are two types of simulated consent: i. Simulation (Canon 1101) When consent is given falsely.

but he ultimately breaks it. But if it was made insincerely and given only to obtain the woman’s consent.” the courts are the last resort to any relief from a problematic marriage.! of !37 23 Some conditions can be forged based on past and present behaviour. in civil marriages. consequences. TABLE OF DEFECTIVE CONSENT: Canon Law vs. a recourse to church authority is the norm. Whether it be a petition for an annulment or declaration of nullity. i. Because of its nature and the complexities of the conditions involved. like a threat to file a suit against a family member if one does not give his or her consent to marry. If the promise is made sincerely. or legal separation. While force is an external pressure. grave fear is an emotional disturbance created by psychological manipulation. CC CONDITIONED CONSENT √ Canon 1102 X FORCE or GRAVE FEAR √ Canon 1103 √ Article 45 (2) Article 45 (4) REMEDIES for DEFECTIVE Marriages 3. a woman marries a drug dependent but who makes a promise to leave his vice and have himself rehabilitated. In 2003.0 IN THE FAMILY CODE MENTAL CAPACITY √ Canon 1095 √ IGNORANCE √ Canon 1096 X ERROR ABOUT PERSON √ Canon 1097 X ERROR ABOUT MARRIAGE √ Canon 1099 X FRAUD √ Canon 1098 √ Article 45 (3). a person chooses to marry.1 The Role of the Courts in Civil Marriages Since. and incidents (thereof) are governed by law. then it affects the freedom and the will. the Supreme Court has promulgated the “Proposed Rule On Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable . then the marriage is invalid. a court decision must be sought. the marriage is still valid. This is a rare cause for invalidating a marriage.1 Procedures in the Family Code 3. like in a shotgun marriage. the “nature. For example.1. Family Code IN CANON LAW 3. Force or Grave Fear (Canon 1103) If in order to avoid physical or psychological force or coercion. Article 46 KNOWLEDGE OF NULLITY √ Canon 1100 √ This can void a marriage under Article 44 SIMULATION √ Canon 1101 √ This can void a contract under Article 1345.

3.4 below. the “Re: Proposed Rule on Legal Separation” was proposed.2. a trial proper.1 above and guided by the Proposed Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages promulgated by the Supreme Court in footnote 29. a mandatory pre-trial conference. Summary judicial proceedings are also contemplated in Title XI of the Family Code as regards separation in fact between husband and wife. NO. 3. This means that the presence of defects in civil marriages does not automatically invalidate a marriage.1. in the Catholic Church the dispensing power is the corollary of the legislative. (can be) granted by those who possess executive power within the limits of their competence.2 Procedures in Canon Law 3. 02-11-10-SC (March 4.1.”41 which applies suppletorily together with the Family Code. a court decision.2 DECLARATION OF ABSOLUTE NULLITY This covers the Void Marriages discussed in 2.2.1. 4. M. The supreme authority43 has that power to authentically declare when the divine law prohibits or invalidates a marriage. abandonment by a party of another and incidents involving parental authority. a petition filed by the rightful party. Canon 85 defines it as “the relaxation of a merely ecclesiastical law in a particular case.4 LEGAL SEPARATION See the discussion in 3.It is only for the supreme authority of the Church to declare authentically when divine law prohibits or nullifies marriage. 3.1 above and guided by the Proposed Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages promulgated by the Supreme Court in footnote 29. 3.! of !37 24 Marriages. Unless a party goes to court to seek a court decision voiding a marriage or declaring its absolute nullity. NO. 2. as well as by those who have the power to dispense explicitly or implicitly either by the law itself or by legitimate delegation. In the same year.1 DISPENSATION A dispensation is an exemption from certain obligations required by law. 41 A. 2003).3. 3. .” Theoretically.42 The stages of such judicial action involves: 1.3 ANNULMENT OF VOIDABLE MARRIAGES This covers the Voidable Marriages discussed in 2. 2003)  43 Canon 1075 §1 .2. M. 42 A. the presumption of the law is in favor of the validity of such marriage. 02-11-11-SC (March 15.

in some dioceses. This is because in such cases time is of the essence. But while this is true. This definition is also found in Black’s Law Dictionary.45 b) Kinds of Validation of a Marriage i] Simple Validation 44 http://thelawdictionary. general and matrimonial. While in ordinary circumstances. Without validation. or would be a trespass or a tort. 2007. and the marriage is therefore not a sacramental one. Validation involves the removal of a canonical impediment. A dispensation is more a favor than a right. There are two categories of dispensations.2. Neither can dispensation be given to a person who wants to marry somebody who is already married validly and the marriage is subsisting. Canon Law has special provisions pertaining to marriages. conferring the right to do some act which without such authorization would be illegal.” 3. Some commentaries say that dispensation is the canonical equivalent of license in civil law. Its relief is particular to the person with the impediment. is “a permission. a number of impediments cannot be dispensed even by the Pope and even in cases of danger of death. Thus.44 a license. a putative marriage considers the couple as people who are living outside the state of grace. However. the priest or deacon who should preside over a marriage rite can personally dispense from a number of them. accorded by a competent authority.2 CONVALIDATION (“to allow”) a) Definition Validation of a marriage or convalidation is defined as rendering a Catholic putative marriage lawful in the eyes of God as the Catholic faith dictates. the dispensation can be denied. in the local Ordinaries or bishops. Woestman. the Chancellor is delegated by the Bishop to grant dispensations. 355 . or the removal of defective consent. and to some extent. the law itself is not amended but continues to apply as it has before the dispensation was given. in the law of contracts. An example would be a marriage between a man and woman of different faiths. the local Ordinary or the Pope is the dispensing authority over an impediment. Matrimonial dispensations may effect in either of two ways: to allow a marriage. In fact. These are the impediments that are based on divine or natural law and not “merely ecclesiastical” as Canon 85 provides.! of !37 25 The dispensing power is inherent in the Pope. and there may not be enough time to approach the authority who regularly grants the dispensation. According to the online Law Dictionary. This is to assure the faithful of their reception of the sacraments especially those in the hospitals and the military institutes. 45 Wm. or its dispensation. especially those that are celebrated in periculo mortis (in danger of death). or to dissolve it. Once a dispensation is given. Canon Law of the Sacraments for Parish Ministry. If a person requests a dispensation from a marriage impediment but the motives are insufficient. because of the frequency and urgency of exemptions needed in marriage cases.org/license/. a dispensation can never be given for a person who wishes to marry his mother or his sister. the diocesan Bishop has an extensive power for matrimonial dispensations.

(2) Both individuals must show that they are penitent of their misunderstanding and misdeed. making its renewal unnecessary.newadvent. Such marriage has been rendered ineffective by reason a of some ecclesiastical impediment.htm .”46 (4) renovation of consent. and the retroactivity of canonical effects. §2 The diocesan bishop can grant a radical sanation in individual cases even if there are several reasons for nullity in the same marriage. it is required that the impediment ceases or is dispensed and that at least the party conscious of the impediment renews consent. Once the impediment is removed.! of !37 26 Canon 1156 §1 “To convalidate a marriage which is invalid because of a diriment impediment. There are three instances47 when radical sanation is resorted to: a) when there is urgent reason for not acquainting the parties with the nullity of their marriage. Thus.org/cathen/15256c. which is granted by competent authority and entails the dispensation from an impediment. b) when one of the parties alone is cognisant of the impediment and the other cannot be informed without grave consequences. the consent is ratified ipso facto. and from canonical form. the requisites of a simple validation are: (1) A non-canonical marriage entered into without malice or deception. 46 http://www. Canon 1165 §1 “The Apostolic See can grant a radical sanation.” In this kind of validation. (3) Both individuals desire the bond that is “perpetual and exclusive” and through which they are “strengthened and. a renewal of consent of both parties is necessary in order to validate the defective marriage. a simple dispensation from the impediment is required. as it were. if there is one.com/faq/qu390. after the conditions mentioned in Canon 1125 for the sanation of a mixed marriage have been fulfilled. if it was not observed. c) when one party would be unwilling formally to renew a consent that is presumably existent. Once it is obtained.catholicdoors. consecrated for the duties and dignity of their state by a special sacrament. ii] Sanatio in Radice (Radical Sanation) Canon 1161 §1 “The radical sanation of an invalid marriage is its convalidation without the renewal of consent.” This dispensation consists in the validation of a marriage without the necessity of a renewal of consent.htm 47 http://www.

51 In the 1917 Code of Canon Law. In other words. through the authority inherent in him.2.” Lastly. This simultaneous consent had to include all the essential requirements of a valid marriage (e. In invoking Canon 1142. if there is an impediment whose dispensation is reserved to the Apostolic See according to the norm of Canon 1078 §2. An exception can be granted if the process would extremely frustrate the other party. however. a marriage that is ratum et consummatum 48 http://www. even if the other party is unwilling.htm 49 Canon 1125 §1 50 Canon 1142 .org/wiki/ Ratum_sed_non_consummatum .wikipedia. whether the consent was lacking from the beginning or. a “just cause” may be the decision of one party to take solemn vows in a religious order. permanence and openness to children). fidelity.50 the Pope has the power to dissolve marriages between two baptized persons or between a baptized and a non-baptized.com/faq/qu793. even if the other party is unwilling.g.”51 b) Privilegium Paulinum As a general rule.! of !37 27 He cannot grant one. the Catholic party is required by Canon law “to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church. the Supreme Pontiff.” As a general rule. though present in the beginning. at the request of both parties or of one of them.48 Canon 1162 §1 “A marriage cannot be radically sanated if consent is lacking in either or both of the parties. depending on the gravity of the reason. This consent must still exist at present unless one party has indicated otherwise. See http://en. was revoked afterwards. This is an administrative procedure and must not be confused with the procedure for the declaration of nullity which is a judicial process. in declaring the nullity of a marriage. terminates a valid marriage for a “just cause. monogamy. the Roman Pontiff can dissolve a non-consummated marriage between baptized persons or between a baptized party and a non-baptized party at the request of both parties or of one of them.catholicdoors.3 DISSOLUTION OF DEFECTIVE MARRIAGES (“to dissolve”) a) “ratum sed non consummatum" in Canon 1142 Pursuant to Canon 1142 of the Canon Law. the Church is declaring that there never has been a marriage at all.For a just cause. both parties must have the intent of persevering in their conjugal life. or if it concerns an impediment of natural law or divine positive law which has now ceased."49 3. Both parties (a) must have consented to the marriage (b) at the same time. radical sanation may be granted in secret.

except death. 9But if they do not have self-control. because of its sacramental character. but God has called us to peace. or else be reconciled to her husband). If the first condition (a) is missing or defective. 52 Canon 1141 . (3) the other party (unbaptized) abandons the baptized spouse. a marriage that is ratum et consummatum can be dissolved. this passage has found a place in the Canon Law: “Canon 1143 §1 A marriage entered into by two non-baptized persons is dissolved by means of the pauline privilege in favor of the faith of the party who has received baptism by the very fact that a new marriage is contracted by the same party. not the Lord. If the second condition (b) is missing.” The preceding canon lays out the requisites for the Pauline privilege: (1) there is an existing marriage between two unbaptized persons. he must not divorce her. 13And a woman who has an unbelieving husband.” “10But to the married I give instructions. However. and she consents to live with him. in itself apt for the generation of offspring” (Canon 1161 §1). and he consents to live with her. she must not send her husband away. provided that the non-baptized party departs. 14For the unbelieving husband is sanctified through his wife. except by death. and that the husband should not divorce his wife. by the Pauline privilege. (4) the baptized spouse contracts a subsequent marriage.” “12But to the rest I say. the marriage is known as “ratum sed non consummatum.! of !37 28 cannot be dissolved52 by any human power. the brother or the sister is not under bondage in such cases.” and the Pope has the power to dissolve it (Canon 1142). only death can end a marriage. let them marry. let him leave. since it was never properly ratified. and (b) a “conjugal act. (2) one party subsequently receives baptism. 15Yet if the unbelieving one leaves. The basis and reason for this privilege are laid out by St. but now they are holy. or merely wishes to separate because the former is antagonistic to the Christian faith. that the wife should not leave her husband 11(but if she does leave. Other than these. for it is better to marry than to burn with passion.A marriage that is ratum et consummatum can be dissolved by no human power and by no cause. but the Lord. that if any brother has a wife who is an unbeliever.”53 Thus. 53 1 Corinthians 7:8-15 . and the unbelieving wife is sanctified through her believing husband. she must remain unmarried. the marriage may be annulled. The indissolubility of marriage depends on two things: (a) celebration according to valid marriage rite. not I. Paul in his letter to the Corinthians: “8But I say to the unmarried and to widows that it is good for them if they remain even as I. for otherwise your children are unclean.

The first in the list states. unlike in the Family Code. the successor of Peter. . 55 idem. c) Privilegium Petrinum While the Pauline privilege is based on an instruction of Paul in his letter to the Corinthians. “Cases of Separation of Spouses” (Canons 1692 to 1696). Chapter IX. Article 63 of the Family Code mentions the effects of a decree of legal separation. Title VII.4 “LEGAL SEPARATION” in Canon Law This subject matter is discussed under Article 2.” 54 Norms On The Preparation of the Process For the Dissolution Of The Marriage Bond In Favour Of the Faith.” The exercise of this power is however subject to the judgment of the Supreme Pontiff in view of the pastoral necessities of the time and the place and all the circumstances in each case. The title of the section.54 This process of dissolving a marriage is between a baptized and a non-baptized. without any need to have recourse to higher authority. he or she must intend to marry a baptized Christian soon after the dissolution or in the future. the Petrine privilege is so named simply because it is a privilege that is exercised only by the Pope. and under Chapter II. Part I.2. “ (1) The spouses shall be entitled to live separately from each other. Book IV of the Canon Law. Title I. It should be noted that marriages dissolved in virtue of the pauline privilege. the following requisites are followed: (1) If the petitioner is a baptized Catholic at the time of the marriage under petition. or he or she must intend to marry a baptized practising Catholic. where a judicial declaration is important before contracting a subsequent marriage. Thus. Part III. “Separation with the Bond Remaining” (Canons 1151 to 1155). However.! of !37 29 The dissolution of the marriage happens at the very moment when the baptized spouse remarries. and those mentioned in Canons 1148-1149. he or she must intend to enter the Catholic Church or be baptised in it. (2) If the petitioner is non-baptized or baptized in another Christian Church. Congregation For the Doctrine of The Faith. when one party desires to enter into a sacramental Christian marriage. It has to be understood that the Church has made a prior examination of the conditions in order for the pauline privilege to apply. To avail of this privilege. in pauline privilege the act of contracting a subsequent marriage ipso facto dissolves the first. This process is also known as “privilege or favour of the faith. are dissolved by the law itself when the conditions prescribed in the current legislation are fulfilled. that is. it can only apply to a valid natural marriage which is considered as non ratum and therefore can be dissolved in favour of the faith. “Separation With The Bond Remaining.55 3.” tells us right away of its similarity with the notion of legal separation in the Family Code (Articles 55 to 67). but the marriage bonds shall not be severed. Book VII.

among them. hearing. if the spouse observed conjugal living for six months and did not make recourse to the ecclesiastical or civil authority. Family Code. Article 55 lists ten (10) grounds for filing a petition for legal separation.Although it is earnestly recommended that a spouse.2. They petition the tribunal or church court for a declaration of the nullity of their marriage. except of course in very special circumstances.” It also mentions six (6) grounds for denying such petition. nevertheless. In the Family Code. such act is considered condoned. whether expressly or tacitly.57 In the Canon Law. terminating a valid marriage. moreover. the first among them is condonation. . gave cause for it. the declaration of nullity. it studies the petition and renders a decision. indeed.5 DECLARATION OF NULLITY in CANON LAW In the Catholic Church. 58 Article 57. moved by Christian charity and concerned for the good of the family. or from divorce in other countries. is to try to defer the case to the civil forum from the start. “sexual infidelity. This is different from annulling a voidable marriage in the Civil Law. the bishop of the diocese of the residence of the spouses.! of !37 30 In fact. A marriage tribunal assists the Bishop in processing. after having weighed the special circumstances. This is due to serious impediments that were present at the time the marriage was solemnized. can grant permission to approach the civil forum.56 However in the Family Code. is a pronouncement that there has been no marriage from the time the supposed marriage was celebrated. however. 57 Canon 1152 §2 . If a case concerns only the merely civil effects of marriage. like in Civil Law. Canon Law considers condonation by the innocent spouse. The annulment is the process of voiding a valid marriage. The proof must be very convincing that.58 3. 56 Canon 1152 §1 . The Catholic Church does not grant divorces nor can it annul a valid marriage. or in the case of divorce. after having observed the prescript of §2. or also committed adultery. the Canon Law recognizes the “civil forum” in deciding cases of separation of spouses. Both Canon Law and the Family Code have the same understanding of condonation. the prescriptive period is five (5) years from the time of the occurrence of the cause. §3. When the church court accepts the petition. either one or both of the parties were incapable of entering a valid marriage or either one or both. did not enter a valid marital covenant at the time mutual consent was exchanged. and judging whether a marriage is indeed void from its conception. as a ground for losing his or her right to sever the conjugal living. and only on the ground of adultery. though capable.Tacit condonation exists if the innocent spouse has had marital relations voluntarily with the other spouse after having become certain of the adultery. if the spouse observed conjugal living for six (6) months and did not make recourse to the ecclesiastical or civil authority. the spouse has the right to sever conjugal living unless the spouse consented to the adultery. the judge. not refuse forgiveness to an adulterous partner and not disrupt conjugal life. if the spouse did not condone the fault of the other expressly or tacitly. Canon 1692 §2 Where an ecclesiastical decision has no civil effects or if a civil sentence is not contrary to divine law. The petitioner can either be the baptized or the non-baptized party. It is presumed.

the judge. The defender of the bond. Part III. in other cases the prescript of Canon 1574 is to be observed.” The children born in such a marriage declared null and void remain to be legitimate and enjoy all the rights of legitimate children. the legal representatives of the parties. “PROOFS” in the Code of Canon Law lays out the provisions for the proofs in the process of the declaration of nullity: “Canon 1678 §1. is to use witnesses to the credibility of those parties in addition to other indications and supporting factors. if possible. The parties cannot be present at the examination mentioned in §1. the witnesses. if there are reserved impediments • between 2 baptized with impediment • between 1 baptised and 1 non-Catholic in mixed marriage makes the marriage valid WITHOUT renovation of consent PAULINE PRIVILEGE diocesan Bishop between two nonbaptized in a valid marriage the marriage is dissolved through a 2nd marriage of the convert to Catholic faith . Title I. if involved in the trial. disparity of cult) • allows marriage in canonical form for ratification • allows marriage in canonical form for validity only SIMPLE VALIDATION diocesan Bishop between 2 baptized who entered a marriage with impediment makes the marriage sacramental by the renovation of consent RADICAL SANATION • diocesan Bishop • Pope.” “Canon 1680 In cases of impotence or defect of consent because of mental illness. without prejudice to the prescript of Canon1559. in order to evaluate the depositions of the parties according to the norm of Canon 1536. and also the promoter of justice. and the experts. Crimen. 1/” “Canon 1679 Unless there are full proofs from elsewhere.” “§2. and to review the documents presented by the parties. n.! of !37 31 Chapter I. have the following rights: 1/ to be present at the examination of the parties. Book VII. Perpetual Vow of Chastity • between 2 baptized • between 1 baptized and 1 non-Catholic (mixed marriage. TABLE FOR REMEDIAL PROCEDURES IN CANON LAW AUTHORITY PARTIES INVOLVED EFFECT/S DISPENSATION • diocesan Bishop • reserved to Pope (impediments of Holy Order. the judge is to use the services of one or more experts unless it is clear from the circumstances that it would be useless to do so. 2/ to inspect the judicial acts. even those not yet published.

! of !37 32 AUTHORITY 4. it may be solemnized Article 27 . the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives.1 At The “Point of Death” in the Family Code The case of in articulo mortis has special exemptions in the Family Code: (1) Exemption from marriage license.” it does not exclude. “IN ARTICULO MORTIS” Both Canon Law and the Family Code consider the verge of death as a special case when laws are relaxed.In case either or both of the contracting parties are at the point of death.0 PARTIES INVOLVED EFFECT/S PETRINE PRIVILEGE Pope between 1 baptized and 1 unbaptized OR between 1 nonCatholic Christian and 1 unbaptized marriage is dissolve permitting the convert (unbaptized) to the Catholic faith to marry a Catholic. .  (2) Exemption from the requirement of the ordinary solemnizing officer: a) b) 59 if inside a ship or an airplane between passengers or crew members. but also during stopovers at ports of call. “IN MORTIS PERICULO” vs.59 Thus. Although “in articulo mortis” is rightfully translated as “at the point of death. OR the non-Catholic to marry a Catholic DISSOLUTION Pope UNDER CANON 1142 between two baptised in a ratum tantum (non consummated) marriage marriage is dissolved for a “just cause” SEPARATION WITH THE BOND REMAINING diocesan Bishop through the Marriage Tribunal between 2 baptized in a ratum et consummatum marriage spouses live separately but with the marriage bond unsevered DECLARATION OF NULLITY diocesan Bishop through the Marriage Tribunal between 2 parties with marriage is declared marriage celebrated in null and void from the Catholic rite. it may be solemnized validly by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight. if between persons. beginning. within the zone of military operation. it has the same signification as the Latin phrase “in mortis periculo” used in the Canon Law. whether members of the armed forces or civilians. however.” 4. pursuant to article 27 of the Family Code. such marriage shall remain valid even if the ailing party subsequently survives. which is translated as “in danger of death. the possibility of survival.

. it shall be sufficient for one of the witnesses to the marriage to write the name of said party.3. A minor point for exemption is also stated in Article 6 par 2 of the Family Code exempting the party who is at the point of death from signing the marriage certificate. MILITARY COMMANDER) DOCUMENTARY REQUIREMENTS exempted.2 In “Danger of Death” in the Canon Law The following exemptions can be invoked for marriages solemnized in mortis periculo: (1) Exemption from form.! of !37 33 validly by a military commander of a unit. if other proofs cannot be obtained.60 4. whether public or occult. even sworn if the case warrants it. if he or she is unable to do so. that they are baptized and are prevented by no impediment is enough. the properly delegated sacred minister. AIRPLANE PILOT. TABLE FOR EXEMPTIONS IN THE BRINK OF DEATH exemption CANON LAW FAMILY CODE FORM / CELEBRATION / SOLEMNIZING OFFICER parties may exchange consent before 2 witnesses even WITHOUT the Church minister exempts from the regular authorised solemnising officer (SHIP CAPTAIN.1 In Canon Law The following is the procedure that must be followed in case of the presumed death of one spouse: Canon 1707 §1 Whenever the death of a spouse cannot be proven by an authentic ecclesiastical or civil document. who is a commissioned officer.3 Presumption of DEATH 4.In case of a marriage in articulo mortis. when the party at the point of death is unable to sign the marriage certificate. (3) Exemption from procedural dispensation. except the impediment arising from the sacred order of presbyterate. the other spouse is not regarded as free 60 Article 6. pursuant to Canon 1068. (2) Exemption from documentary requirement. pursuant to Canon 1116. and the priest or deacon who assists at marriage also has that dispensing power. pursuant to Canon 1079. which fact shall be attested by the solemnizing officer. the local ordinary (Bishop) can dispense his own subjects residing anywhere and all actually present in his territory from each and every impediment of ecclesiastical law. for as long as certain that they are baptized exempted from Marriage License DISPENSATION OF IMPEDIMENTS exempted Not Applicable 4. the affrmation of the contracting parties. par 2 . the parties can exchange consent in the presence of two witnesses even in the absence of the competent minister. The pastor.

Under Article 41 of the Family Code. the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. (2) That the present spouse wishes to remarry. 61 Article 41 . an absence of only two years shall be sufficient. (4) That the present spouse files a summary proceeding for the declaration of presumptive death of the absent spouse. The Family Code provides that before a spouse can contract a subsequent marriage. not a special one. unless before the celebration of the subsequent marriage.62 The petition for a court declaration of presumptive death is a summary proceeding.3. or two (2) consecutive years if the disappearance occurred where there is danger of death pursuant to Article 391 of the Civil Code. (3) That the present spouse has a well-founded belief that the absent spouse is dead. there are four (4) requisites for the declaration of presumptive death: (1) That the absent spouse has been missing for four (4) consecutive years. only two (2) years are required for the presumption of death: (1) A person on board a vessel lost during a sea voyage. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee. . Revised Penal Code. even for a long time. within which period it is unknown if the other spouse is still alive and the present spouse has a wellfounded belief that the missing spouse is already dead. constitutes a ground to file a petition. 4.2 In The Civil Code The provisions covering the presumption of death are found in Chapter 4.61 and makes the guilty spouse liable for bigamy. or an aeroplane which is missing. In the following cases. who has not been heard of for two (2) years since the loss of the vessel or aeroplane. 62 Article 349.A marriage contracted by any person during subsistence of a previous marriage shall be null and void. §3 The bishop is to consult the Apostolic See in uncertain and complicated cases. §2 The diocesan bishop is able to issue the declaration mentioned in §1 only if. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code. without prejudice to the effect of reappearance of the absent spouse. or from evidence. he attains moral certitude of the death of the spouse from the depositions of witnesses. is not sufficient. after having carried out appropriate investigations. Otherwise. from rumor. Title XIV (Articles 390 to 392) of the Civil Code. An absence of four (4) years. it results in a void second marriage. The absence of a spouse alone.! of !37 34 from the bond of marriage until the diocesan Bishop has issued a declaration or presumed death. there must be a court declaration of presumptive death of the other.

and has been missing for two (2) years.! of !37 35 (2) A person in the armed forces who has taken part in a war. (3) A person who has been in danger of death under other circumstances and his existence has not been known for two (2) years. .

Properties and Elements 6 TABLE OF COMPARISON On the Effects Of Marriage 9 TABLE OF COMPARISON OF REQUISITES OF MARRIAGE 12 TABLE OF VALID MARRIAGES IN CANON LAW 14 TABLE OF THE CLASSIFICATIONS OF IMPEDIMENTS IN CANON LAW 16 TABLE OF DIRIMENT IMPEDIMENTS IN CANON LAW 17 TABLE OF OTHER SPECIFIC IMPEDIMENTS IN CANON LAW 18 TABLE OF DISTINCTIONS OF MARRIAGES 19 TABLE OF DEFECTIVE CONSENT 23 TABLE FOR REMEDIAL PROCEDURES IN CANON LAW 31 TABLE FOR EXEMPTIONS IN THE BRINK OF DEATH 33 .! of !37 36 INDEX OF TABLES TABLE OF COMPARISON On Nature.

SIAPCO Professor WENA ATIENZA SHEILA JOY CORPUZ VICTOR DE GUZMAN MARCELINO FLORENTINO JOHN MACUSI Section LLB-1 Academic Year 2014 . EDWIN C.! of !37 37 Saint Louis College COLLEGE OF LAW A COMPARATIVE STUDY BETWEEN THE 1983 CODE OF CANON LAW AND THE 1987 FAMILY CODE OF THE PHILIPPINES ON THE SUBJECT OF MARRIAGE ____________________ Term Paper Submitted in Partial Fulfilment of the Requirements in CIVIL LAW II ATTY.2015 30 April 2015 .