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01/27/18 provisions of this Code concerning

partnerships.
a. What are the kinds of persons?
Citizens of the PH
Natural persons
(1) Those who were citizens of the Philippines at
 Natural persons inherently have juridical
the time of the adoption of the Constitution of
capacity which is the fitness to be the subject
the Philippines;
of legal relations and may only be lost
(2) Those born in the Philippines of foreign
through death.
parents who, before the adoption of said
 Natural persons have determined Constitution, had been elected to public office in
personality through birth and shall be the Philippines;
considered born for all purposes that are (3) Those whose fathers are citizens of the
favorable to it, provided it be born with the Philippines;
condition of the fetus bring alive at the time (4) Those whose mothers are citizens of the
it is completely delivered from the mother’s Philippines and, upon reaching the age of
womb. majority, elect Philippine citizenship;
 EXPN: if the fetus had an intra-uterine life of (5) Those who are naturalized in accordance with
less than seven months, it is not deemed law.
born if it dies within 24 hours after its  Naturalization and the loss and reacquisition
complete delivery from the maternal womb. of citizenship of the Philippines are governed
Juridical Persons by special laws.
1. The state and its political subdivisions
2. Other corporations, institutions and entities b. What is Marriage according to the Family
for public interest or purpose, created by Code or E.0. 209 as amended?
law; their personality begins as soon as they - Art. 1. Marriage is a special contract of
have been constituted according to law; permanent union between a man and a woman
3. Corporations, partnerships and associations entered into in accordance with law for the
for private interest or purpose to which the establishment of conjugal and family life. It is the
law grants a juridical personality, separate foundation of the family and an inviolable social
and distinct from that of each shareholder, institution whose nature, consequences, and
partner or member. incidents are governed by law and not subject to
 May acquire and possess property of all stipulation, except that marriage settlements
kinds, as well as incur obligations and bring may fix the property relations during the
civil or criminal actions, in conformity with marriage within the limits provided by this Code.
the laws and regulations of their
organization. c. Distinguish between marriage and an ordinary
 Juridical persons mentioned in Nos. 1 and 2 contract.
of the preceding article are governed by the Marriage Ordinary Contract
laws creating or recognizing them. A special contract A mere contract
 Private corporations are regulated by laws of Governed by law on Governed by the law
marriage (Family on contracts (Book IV
general application on the subject.
Code, E.O. 209) of the NCC)
 Partnerships and associations for private
An inviolable social It is not an inviolable
interest or purpose are governed by the institution social institution
Not subject to Subject to stipulation force, intimidation or threat- and it must
stipulation except be given in the presence of the
only with regards to solemnizing officer.
marriage settlement - A marriage wherein consent is not free,
(economic regime) but tainted with force or threat is
which the parties may voidable,
agree upon before
f. What are the formal requisites of marriage?
the marriage
 Authority of solemnizing officer
Legal capacity is Minors (below 18)
required may contract thru - Officiating officer must be clothed with
their parents or the power to marry. The authority of the
guardians incumbent member of the judiciary is
The contracting There can be two or conterminous with his incumbency as
parties must only be more parties and the such. Once his membership to the
two and one is male, difference of gender judiciary is terminated for any cause, the
and the other is is not material authority ceases.
female - As regards to ecclesiastical solemnizers,
Terminated by death Terminated upon their authority depends upon the limit
or declaration of expiration of the term imposed in their written authority
nullity or annulment of the contract upon granted them by their respective
due to legal cause fulfillment of the churches or sects.
condition for which it
 A valid marriage license –
was entered into,
rescission, by mutual - The written permission issued by the
agreement of the civil registrar to the contracting parties
parties or through authorizing their marriage before any
other causes. authorized solemnizing officer.
- In brief, it is the authority to marry.
d. Who may contract marriage? - Good for only 120 days from date of
- Any male or female of the age of eighteen years issuance and will be deemed
or upwards not under any of the impediments automatically cancelled if not used
mentioned in Articles 37 and 38, may contract within the same period.
marriage. - Must be valid, otherwise the marriage
will be deemed celebrated without a
d.1 Silverio v. RP (G.R. No. 174689) license = marriage is VOID.
d.2 RP v. Cagandahan (G.R. No. 166676) - A license issued one day after the
celebration of the marriage will not
e. What are the essential requisites of marriage? validate the marriage = marriage is VOID.
 Legal Capacity - Availability and presence of the license
- Means that the parties (man and must be at the time of the celebration of
woman) are at least 18 years of age and the marriage.
are not barred by any impediment to - A license is not required in marriages of
marry each other. exceptional character
 Consent Marriage ceremony
- Conformity. The mandate of the law is - The solemnization of the marriage.
clear. It must be free – not the result of - No prescribed form of religious rite.
- Necessary for the contracting parties to Marriage officiated vitiated by fraud,
appear personally before the by a solemnizer w/o force or intimidation.
solemnizing officer and declare in the authority (formal
presence of no less than two witnesses requisite) is also void,
of legal age that they take each other as subject to the
husband and wife. exception that if the
parties of either of
them had believed in
g. Is marriage contract an essential or formal
good faith at the time
requisite of marriage? of the marriage that
- It is neither both. It is not included in the said officer has the
requisites of marriage stated in Article 2. The authority to do so the
certificate is just an evidence of the marriage and marriage is valid.
for that purpose is said to be the best evidence
to prove the marriage. j. What is the effect of irregularity in the formal
requisites on the marriage?
g.1 Discuss De Loria v. Felix (G.R. No. L-9005) When a formal requisite is defective or suffers
from any irregularity, the marriage remains valid
h. Discuss Article 4 of the Family Code but the party of parties responsible thereof
Art. 4 incurs civil, criminal, and administrative liability.
The absence of any of the essential or formal
requisites shall render the marriage void ab initio k. Discuss Article 5 of the Family Code
except as stated in Article 35. Any male or female of the age of eighteen years
A defect in any of the essential requisites shall or upwards not under any of the impediments
render the marriage voidable as provided in mentioned in Articles 37 and 38 may contract
Article 45. marriage.
An irregularity in the formal requisites shall not
affect the validity of the marriage but the party l. Discuss Article 6 of the Family Code.
or parties responsible for the irregularity shall be No prescribed form or religious rite for the
civilly, criminally, and administratively liable. solemnization of the marriage is required. It shall
be necessary, however, for the contracting
i. Distinguish between absent and defective parties to appear personally before the
requisites. solemnizing officer and declare in the presence
Absent Requisite Defective Requisite of not less than two witnesses of legal age that
If a requisite is absent When the essential they take each other as husband and wife. This
whether it is essential requisite is defective, declaration shall be contained in the marriage
or formal, the the marriage is certificate which shall be signed by the
marriage is void from voidable. = It is valid contracting parties and their witnesses and
the beginning. until annulled.
attested by the solemnizing officer.
Consequently, a A marriage between
marriage w/o license the age of 18 – below
(formal requisite) and 21 years w/o parental m. What is the rationale behind marriage
a marriage w/o any consent is voidable. ceremony?
marriage ceremony Also when the - The ceremony required in Article 6 is necessary
(formal requisite) are consent of the to prevent the recognition of common law
void. contracting parties is marriages in the Philippines.
 Common-law marriage
– one contracted into by the contracting (5) Any consul-general, consul or vice-consul in
parties (man and woman) by entering the case provided in Article 10. (56a)
into an agreement or arrangement,
whereby they voluntarily take each - Members of the judiciary
other as husband and wife and this - Any incumbent member of the judiciary may
declaration is consummated by their solemnize marriage. (only within their respective
cohabitation with the assumption of territorial jurisdiction)
marital duties and obligations. There is - All incumbent judges of lower courts and
no solemnizing officer involved. justices of the appellate courts are included. Also
- A consummated agreement between the justices of the Sandiganbayan.
persons legally capable of making - However, officers exercising only quasi-judicial
marriage contract, per verba de functions are not included.
praesenti, followed by cohabitation.
n. What is a proxy marriage? p. Discuss Article 8 of the Civil Code.
Proxy Marriage Article. 8. The marriage shall be solemnized
- Where a partner who is absent in the publicly in the chambers of the judge or in open
wedding ceremonies is represented by court, in the church, chapel or temple, or in the
an authorized representative. office the consul-general, consul or vice-consul,
- This is void since personal appearance is as the case may be, and not elsewhere, except in
mandatorily required. cases of marriages contracted on the point of
- EXP: If solemnized abroad and valid death or in remote places in accordance with
there as such, it is also valid in the PH. Article 29 of this Code, or where both of the
o. Who may solemnize a marriage? parties request the solemnizing officer in writing
Art. 7. Marriage may be solemnized by: in which case the marriage may be solemnized at
a house or place designated by them in a sworn
(1) Any incumbent member of the judiciary statement to that effect. (57a)
within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of any
church or religious sect duly authorized by his
church or religious sect and registered with the
civil registrar general, acting within the limits of
the written authority granted by his church or
religious sect and provided that at least one of
the contracting parties belongs to the
solemnizing officer's church or religious sect;

(3) Any ship captain or airplane chief only in the


case mentioned in Article 31;

(4) Any military commander of a unit to which a


chaplain is assigned, in the absence of the latter,
during a military operation, likewise only in the
cases mentioned in Article 32;