Requisites of Marriage Article 1.

Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a) •Nature and Importance of Marriage • The husband and wife become one single moral, spiritual and social being, not only for the purpose of procreation, but also for the purpose of mutual help and protection physically, morally, and materially • One of the "basic civil rights of man" fundamental to our existence and survival • A civil contract AND a sacred obligation Once formed, the law steps in and holds the parties to various  obligations and liabilities • Marriage, as a special contract, cannot be restricted by discriminatory policies of private individuals and corporations (e.g. disqualification of a woman worker who contracts marriage) •Mail-Order Bride • The following acts are criminal offenses Establish or carry a business which matches Filipino women for  marriage to foreigners Promote the abovementioned act  Attract any Filipino women to become a member in a club or  association whose objective is the abovementioned act To use the postal service to promote the abovementioned acts  • It is unlawful for the manager or officer-in-charge or advertising manager to knowingly allow, or consent, to the acts prohibited above •Trafficking in Women • Acts of trafficking in persons To introduce or match for money, profit, or material, economic or other  consideration, any persons or, Filipino woman to a foreign national, for marriage for the purpose of acquiring her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage To offer or contract marriage, real or simulated, for the purpose of  acquiring them to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage •Marriage as a Status • Marriage creates a social status or relation between the contracting parties • Engaged in the contract are three parties : the parties contracting the marriage and the state •Marriage in International Law • The right to marry is a recognized fundamental right • People with the legal capacity for marriage have the right to marry and "to found a family" •Constitutional Protection • The state recognizes the sanctity of family life and shall protect and strengthen the family as a basic social institution • Article 15 deals with the family

for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title. The formal requisites of marriage are: (1) Authority of the solemnizing officer. 55a) Art. A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly. No marriage shall be valid. It shall be necessary. unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female. criminally and administratively liable. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer. (53a) Art. it shall be sufficient for one of the . when the party at the point of death is unable to sign the marriage certificate. and (2) Consent freely given in the presence of the solemnizing officer. The absence of any of the essential or formal requisites shall render the marriage void ab initio. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38.g. however. may contract marriage. (n) Art.• Marriage is an inviolable social institution and the foundation of the family and shall be protected by the State •Legislative Control of Marriage • The constitution does not establish the parameters of state protection to marriage and the family • The legislature has the power to define all legal aspects of marriage • Legislative regulation must not contravene the mandates of the constitution • Marriage can be made a statutory basis for limiting one's capacity to act or for affecting one's right to acquire property • Article 874: an absolute condition not to contract a subsequent marriage upon the widow or widower of the testator or the latter's ascendant or descendant is valid •Property Relations • Marriage settlements must not contravene the mandatory provisions of the Family Code (Art 74) •Law Governing Validity of Marriage • The validity of a marriage is determined by the law effective at the time of the celebration of the marriage Marriage laws cannot be retroactive (e. 3. In case of a marriage in articulo mortis. 4. (53a. in cases of marriages celebrated before the new family code  where one of the spouses is affected by 36. 5. (54a) Art. an action or defense to declare the marriage void shall prescribe in 10 years after the effectivity of the Family Code Art. A void marriage cannot be  made voidable by a subsequent statute However. 2. No prescribed form or religious rite for the solemnization of the marriage is required. and (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. 6. except as stated in Article 35 (2).

their marriage will not invalidated The consent is only a requirement in procuring the marriage license  The marriage is only annullable under article 45  •Marriage Ceremony • The family code only recognizes ceremonial marriages. the solemnizing officer is tasked to take the necessary steps to ascertain the legal capacity of the contracting parties • The consent of the state is given through the authority of the solemnizing officer (duly authorized by law) • The following will be punished A solemnizing officer who contracts a marriage without authority  A person not authorized to solemnize marriage who publicly advertises  himself •Valid Marriage License • Must be issued by the local civil registrar of the place where the marriage application was filed • Only has a lifetime of 120 days from the date of issue • Is effective in any part of the Philippines • A license is issued is represented therein by a name other than the true party's name or had his name spelled wrongly will NOT invalidate a marriage celebrated on the authority of such license • If one misrepresents his/her age (although above the proper marrying age) in procuring a marriage license.witnesses to the marriage to write the name of said party. (55a) •Legal Capacity • The marrying age is 18 years old and above (age of majority) • Parties must not be under 37 or 38 •Contracting Parties Must Be of Different Sex • Family code expressly provides "marriage is a special contract of permanent union between a man and a woman" Effect of Sex Change • • None was expressly stated but the main issue here is capability to procreate •Consent • Must be freely given • Must be made in the presence of a solemnizing officer • Total absence of consent makes the marriage void ab initio Authority of the Solemnizing Officer • • Those enumerated in Art. 7 • It is not the absence or presence of the solemnizing officer which constitutes the formal requirement but his or her authority • A mayor is allowed to solemnize a marriage under the Local Government Code • The authority of the solemnizing officer is presumed in the absence of any evidence that is contrary • In cases under 27. which fact shall be attested by the solemnizing officer. Marriages which are solemnized by persons duly authorized by the  state • The family code does not generally prescribe any particular form of a marriage ceremony • Minimum requirement Contracting parties appear personally before the solemnizing officer  and declare that they take each other as husband and wife in the presence of at least two witnesses of legal age . 28. and 29.

absence of any essential or formal requisite renders the marriage null and void • Exceptions Absence of a marriage license does not affect marriages in Chapter 2. rabbi. Defect. (2) Any priest. likewise only in the cases mentioned in Article 32. ordinarily without compliance with such statutory formalities as those pertaining to marriage license • "Spouses" referred to in the Family Code are those parties who were lawfully married according to Philippine laws and not to common-law marriages.  Title I of the Family Code (Articles 27-34) Art 35  Defects in the essential requirements of marriage make the marriage voidable • (defects are in articles 45 and 46) • Irregularities in the formal requisites do not affect the validity of the marriage Found in page 132  •Breach of Promise to Marry • Mere breach of promise to marry is not an actionable wrong Art. entered into by a man and a woman having capacity to marry. 7. acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect.• The declaration of consent need not be vocally expressed Can be shown by other signs of approval and consent  •Witnesses in a Marriage Ceremony • There must be no less than 2 witnesses of legal age in attendance Absence of which is merely an irregularity in the formal requirement  (e. or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general. such a marriage is generally void (absence of authority) •Judges • Judges can solemnize marriage only within their courts' jurisdiction • They must be incumbent . (56a) •Authorized Solemnizers of Marriage • Such person must have the authority from the government at the time of solemnization • If they fail to comply with any of the requisites mandated by law for them to validly solemnize a marriage. (5) Any consul-general.g. (4) Any military commander of a unit to which a chaplain is assigned. Marriage may be solemnized by: (1) Any incumbent member of the judiciary within the court's jurisdiction. (3) Any ship captain or airplane chief only in the case mentioned in Article 31. consul or vice-consul in the case provided in Article 10. Irregularities in Essential and Formal Requisites • Generally. only 1 has legal capacity. unless the law otherwise provides •Absence. in the absence of the latter. none have legal capacity) •Common Law Marriages NOT Recognized in the Philippines • Common law marriage: non-ceremonial or informal marriage by agreement. imam. during a military operation.

or Vice Consul • They can solemnize marriage abroad only between Filipinos • They also perform the acts of a local civil registrar • Marriage will be under Philippine Laws • If the parties want to have the marriage outside the office of the consul. or where both of the parties request the . Consul-General.widespread military activity over an area Does not refer to simulated exercise  •Consul. consul or vice-consul. CTA. CoA. Imam.• SC. in the church. Rabbi. the vice mayor shall automatically exercise the powers and perform the duties of the local chief executive Acting mayor has the authority to solemnize a marriage  •Good Faith of Parties • Either of the parties' good faith in the authority of a solemnizing officer (who does not have authority) makes the marriage valid Article. and not elsewhere. The marriage shall be solemnized publicly in the chambers of the judge or in open court. they can do so by a request in the form of writing • Marriage between a Filipino and a foreigner celebrated by a consul is void Exception: when the laws in the host country recognize the marriage. chapel or temple.battalion under the present table of organization and not a mere company • • Within the zone of military operation . as the case may be. and Sandiganbayan have the jurisdiction over the whole country •Priest. or Minister of any Church or Religious Sect • Essential requisites for them to validly solemnize a marriage Must be duly authorized by his or her church or religious sect  Must act within the limits of the written authority granted to him or her  Must be registered with the civil registrar general  At least one of the contracting parties whose marriage he or she is to  solemnize belongs to his or her church or religious sect •Ship Captain and Airplane Chief • Essential requisites The marriage must be in articulo mortis  Marriage must be between passengers or crew members  The ship must be at sea or the plane must be in flight  Can be solemnized during stopovers at ports of call (voyage not • yet terminated) •Military Commander • Essential requisites Must be a military commander of a unit  Must be a commissioned officer  Rank should start from a second lieutenant • Chaplain must be assigned to such unit  Said chaplain must be absent at the time of the marriage  Marriage must be one in articulo mortis  The contracting parties must be within the zone of military operation  Unit . except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code. 8.  the marriage is valid in the Philippines (Art 26) •Mayor • Local Government Code allows it • When the mayor is temporarily incapacitated to perform his duty. or in the office the consulgeneral.

(4) Civil status. 10. each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following: (1) Full name of the contracting party. how. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. (7) Degree of relationship of the contracting parties. residence and citizenship of the guardian or person having charge. Marriages between Filipino citizens abroad may be solemnized by a consul-general. residence and citizenship of the mother. (75a) •Consular Officials • The duties of the local civil registrar and the solemnizing officer are performed by the consular official Issues marriage license  Solemnizes marriage  • Must be both Filipinos • Marriage under Philippine Laws Art.solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. (57a) •Venue • Article 8 is directory in nature Non-observance will not invalidate a marriage but can subject the  person or persons to liabilities • Exceptions Marriage in articulo mortis  In a remote place in accordance with article 29  Marriages where both parties request the solemnizing officer in writing  Art. (6) Present residence and citizenship. 11. 9. (8) Full name. (5) If previously married. Where a marriage license is required. consul or vice-consul of the Republic of the Philippines. A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides. and (10) Full name. an irregularity arises  Art. (58a) •Place of Issue • The contracting parties should get a marriage license from the local civil registrar of the city or municipality where either of them resides If they don't follow this. . residence and citizenship of the father. except in marriages where no license is required in accordance with Chapter 2 of this Title. (2) Place of birth. (3) Age and date of birth. (9) Full name. when and where the previous marriage was dissolved or annulled. in case the contracting party has neither father nor mother and is under the age of twenty-one years.

or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. in default thereof. (60a) Art. such party may furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age. if known. they shall. surviving parent or guardian. and the place and date of birth of such party. or when the local civil registrar shall. (61a) Art. instead of the birth or baptismal certificate required in the last preceding article. or the judicial decree of annulment or declaration of nullity of his or her previous marriage. In case either or both of the contracting parties. in addition to the requirements of the preceding articles. If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application. The nearest of kin of the contracting parties shall be preferred as witnesses. who personally appears before the proper local civil registrar. the death certificate of the deceased spouse or the judicial decree of the absolute divorce. exhibit to the local civil registrar. shall require the presentation of the original birth certificates or. The local civil registrar. mother. are between the ages of eighteen and twenty-one. In case the death certificate cannot be secured. be convinced that either or both of them have the required age. or. The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties. These certificates or certified copies of the documents by this Article need not be sworn to and shall be exempt from the documentary stamp tax. setting forth the full name. 14. or persons having legal charge of them. the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse. 12. the applicant shall be required to furnish. upon receiving such application. persons of good reputation in the province or the locality. The personal . the baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. residence and citizenship of such contracting party and of his or her parents. Such consent shall be manifested in writing by the interested party. by merely looking at the applicants upon their personally appearing before him. (59a) •Purpose of Documentary Requirements • Proper documents must be maintained to serve as proofs for their existence • The task of seeing to it that these proofs are accomplished is addressed to the local civil registrar • Discourage deception and seduction • Furnishes evidence of the status and legitimacy of the offspring of the marriage Art. in the order mentioned. their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license. In case either of the contracting parties has been previously married. 13. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. in their default. not having been emancipated by a previous marriage.The applicants. as stated in the application. the consent to their marriage of their father.

Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. the other party must be present at the counseling referred to in the preceding paragraph. (n) •Parental Advice • For parties whose age is 21-25 • Absence of parental advice does not affect the marriage • It is but a mere irregularity (p. together with the written advice given. but that the consent of their parents must be added thereto" Art. (62a) Art. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. (61a) •No More Emancipation By Marriage •Parental Consent • Before a marriage license is issued to a contracting party whose age is over 18 but under 21. imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. attach a certificate issued by a priest. the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. or if it be unfavorable. shall be attached to said applications. surviving parent. Should the parents or guardian refuse to give any advice. there must first be consent of the father. or persons having legal charge of them (in that order) • Non-compliance makes the marriage annullable under art 45 • Parties of age 18-21 "may not be licensed to marry upon their own consent alone. this fact shall be stated in the sworn statement. In the cases where parental consent or parental advice is needed.manifestation shall be recorded in both applications for marriage license. shall be attached to the application for marriage license. If they do not obtain such advice. if one is executed instead. Should only one of the contracting parties need parental consent or parental advice. in addition to the requirements of the preceding articles. The marriage license shall be issued after the completion of the period of publication. and the affidavit. 17. it shall be accessible to the general public . The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public. if any. 16. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. mother. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. 15. (63a) •Duty of the Local Civil Registrar • Post a notice to inform everybody of the impending marriage Shall be posted for 10 consecutive days on a bulletin board outside the  office of the local civil registrar. 132) Art. the party or parties concerned shall. A sworn statement by the contracting parties to the effect that such advice has been sought. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage. or guardian.

he shall merely note down the particulars and his findings in the application for a marriage license The law does not restrain the local civil registrar from investigating any  impediment on the part of the contracting parties He/she is just prohibited from withholding the license despite the  impediment • Only court intervention directing the non-issuance of the marriage license can empower the registrar to validly refuse to issue such license If despite the injunction. It shall. No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order. there will just be  liabilities against the registrar Art. and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters on the face of every license issued. The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue. 19. unless ordered otherwise by a competent court at his own instance or that of any interest party. or by their oath before the local civil registrar.The notice shall request all persons having knowledge of any  impediment to the marriage to advise • If parental advice was not obtained OR there is an absence of the certification that the parties have undergone marriage counseling under art. (64a) Art. (65a)chan robles virtual law library •Investigative Power of Local Civil Registrar and Court Intervention • In case any impediment is brought to the attention of the local civil registrar. however. the issuance of the marriage license shall be delayed by 3 months following the completion of the publication of the application Non observance does not invalidate the marriage. and a  marriage solemnized on the basis of such. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. (65a) •Marriage License and Date of Issue • License valid only in the Philippines • Good for 120 days from the date of issue(date of signing of the local civil registrar) . 16. The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license. he shall note down the particulars thereof and his findings thereon in the application for marriage license. 18. be issued free of charge to indigent parties. but shall nonetheless issue said license after the completion of the period of publication. the registrar issues the license. In case of any impediment known to the local civil registrar or brought to his attention. that is those who have no visible means of income or whose income is insufficient for their subsistence a fact established by their affidavit. the marriage will still be valid (this is just an irregularity) •Criminal Liability of Local Civil Registrar • Marriage law of 1929 Influencing parties in religious aspects  Illegal issuance or refusal of license  Art. 20.

sex and age of each contracting party. and (7) That the parties have entered into marriage settlement. the copy of the marriage certificate. the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8. Stateless persons or refugees from other countries shall. When either or both of the contracting parties are citizens of a foreign country. 23. (6) That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases. they shall be required to file an affidavit stating the circumstance showing such capacity to contract marriage • If foreigners want to get married here but by their country's consul-general. attaching a copy thereof. they can be allowed to contract the marriage even without a marriage license if their country recognizes such marriage Art. to the local civil registrar of the place where the marriage was solemnized. but may be contradicted and overcome by evidence • The law leans toward legalizing matrimony • When the celebration of marriage is shown. in proper cases. except in marriage provided for in Chapter 2 of this Title. (66a) •Certificate or Affidavit of Legal Capacity • Foreigners can marry here. they have to secure a marriage license here Before the license is issued. it shall be necessary for them before a marriage license can be obtained. the registrar will not issue the license. to submit a certificate of legal capacity to contract marriage. the original of the marriage license and. all other things necessary to the validity of marriage will be presumed •Proof of Marriage • The best evidence of marriage is the marriage contract or marriage certificate . The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. religion and habitual residence. in lieu of the certificate of legal capacity herein required. (2) Their citizenship. (67a) Art. The marriage certificate. (5) That either or both of the contracting parties have secured the parental consent in appropriate cases. (4) That the proper marriage license has been issued according to law. if any. 21. they must submit a certificate of legal  capacity Without the certificate. If they intend their marriage to be solemnized by anyone under Art 7 or the mayor. 22. issued by their respective diplomatic or consular officials. shall also state: (1) The full name. submit an affidavit stating the circumstances showing such capacity to contract marriage. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage.Art. (3) The date and precise time of the celebration of the marriage.  • If they are stateless persons or refugees. in which the parties shall declare that they take each other as husband and wife. (68a) •Presumption of Marriage • Every marriage is presumed to be satisfactory if uncontradicted.

marriages solemnized abroad and which are valid there as such are recognized as valid here . the date on which the marriage license was issued. but that all the circumstances attending it were such as to constitute it a legal marriage • Public and open cohabitation as husband and wife after the alleged marriage is a competent evidence Not just mere cohabitation  •Proof to Attack Validity of Marriage • The evidence must be strong. (n) •Effect of Duty of Local Civil Registrar • Any certification made by the registrar in connection with any matter involving the marriage of any particular individual within his or her jurisdiction is given high probative value Marriage Register • • The office of the local civil registrar keeps a marriage register of all persons married in its locality Art. (4). and such other data as may be necessary. in accordance with the laws in force in the country where they were solemnized. and to administer oaths to all interested parties without any charge in both cases. 25. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the order in which the same are received. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax.A mere photostat of a marriage certificate is worthless unless it came  from the Office of the Local Civil Registrar and is duly certified by the registrar as authentic • A certificate of marriage made many years after the marriage is inadmissible especially where there was no register of the marriage in the official records • Failure to present the marriage certificate is not fatal • A marriage may be proved by parol evidence (testimonies) As long as the witness is credible  The testimony of an eye-witness to be sufficient should disclose not  only the performance of the ceremony by someone. except those prohibited under Articles 35 (1). Absence of records of the marriage license •Declaratory Relief • If parties are uncertain if they can proceed with a marriage. and valid there as such. distinct. they can file a petition for declaratory relief. It shall be the duty of the local civil registrar to prepare the documents required by this Title. He shall record in said book the names of the applicants. (n) Art. (As amended by Executive Order 227) •Validation Provision • Except for those mentioned above. to seek from the court a judgement on their capacity to marry Art. All marriages solemnized outside the Philippines. (5) and (6). 24. and satisfactory • e. the Filipino spouse shall have capacity to remarry under Philippine law.g. shall also be valid in this country. (17a) Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry. 26. 3637 and 38.

will be presumed by the court to be the SAME as the laws of its own state Absolute Divorce • • Generally.in the case of a foreigner who went through this process) •Proof of Foreign Marriage • It is necessary to prove the foreign law as a question of fact • It is necessary to prove the celebration of marriage pursuant to foreign law by convincing evidence • If such law of the other state is not pleaded or proved and for the purpose of determining the validity of the marriage in the said state. the determinative point when the  foreigner(former Filipino) who procured the divorce should a foreigner at the TIME OF THE DIVORCE. and the manner or mode of its celebration. the latter shall also have the capacity to remarry under Philippine law If a Filipino changes nationality..• Lex loci celebrationis rule The validity of a marriage. the marriage is not recognized • Marriage where a Filipino is psychologically incapacitated (36) is not recognized • Marriage between ascendants and descendants. Common Law marriages are not solemnized (3rd word of article 26 requires solemnization) •Same-Sex Marriage of Filipinos Abroad Invalid • Art 15 of the Civil Code (Nationality Rule) • Art 17 of the Civil Code (Prohibitive Laws) • However. absolute divorce between two citizens of the Philippines is not recognized in the Philippines • Aliens may obtain divorces abroad.. or between siblings whether by full or half blood • Marriages against public policy will not be recognized here even if they are recognized in the country where the marriage was solemnized Are Common-Law Marriages Obtained Abroad By Filipinos Valid in the Philippines? • • No.  is to be determined in reference to the law of the place where it is celebrated •A Matter of International Comity • The legal effect which may be given by one state to the marriage laws of another state is merely because of comity (respect and diplomacy) • No state is bound by comity to give effect in its courts to laws which are repugnant to its own laws and policies Exceptions • • If either or both parties are Filipinos and are under 18. the former foreigner spouse is NO longer married to • the Filipino . in the absence of proof to the contrary. such divorce will not be  recognized in the Philippines Filipino is still married under our laws • However. transsexual w/ surgery = transwoman = woman (maybe. which may be recognized by the Philippines. and not the time of the marriage If it is the Filipino who obtains divorce abroad. provided that they are valid according to their natural law • When the divorce decree capacitates the foreigner spouse of a Filipino to remarry. the marriage won't be recognized (Art 15 of the Civil Code) • Bigamous and polygamous marriages wont be recognized • Marriage where there is "mistake of identity" of the other is not recognized • If a party does not follow 52 and 53 of the family code. the laws of such state.

the law where the marriage has been solemnized shall apply. . it is a rule that. as to the extrinsic and intrinsic requirements of a marriage. such marriage shall likewise be void under the Philippines It is still void even if the marriage was supposed to be valid if it was  under Philippine Law • Under the general rules of private international law on marriage.• Therefore. he/she shall not have interest in property relations •Proving Foreign Divorce • The Supreme Court affirmed the dismissal of a case for declaration of nullity on the ground that the petitioner(Filipina who represented herself in public documents as an American citizen thus having the capability to obtain divorce under American law)thereof already obtained a divorce in another country. which can be recognized in the Philippines •Void and Voidable Foreign Marriages • In the event that a Filipino contracts a foreign marriage which is void under the laws of the state where it has been solemnized.

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