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Persons Family Code

Article 31 Requisites for the Ratification of Marital Cohabitation
Marriages in articulo mortis between passengers or crew 1. Contracting parties must have lived together as husband
members may also be solemnized by a ship captain or by an and wife at least 5 yrs before the marriage they are
airplane pilot not only while the ship is at sea or the plan is in entering into
flight, but also during stopovers at ports of call 2. No legal impediment of any kind must exist
3. Requirements must be stated in affidavit before person
Article 32 authorized by law to administer oaths
A military commander of a unit who is a commissioned 4. Necessary affidavit of the person solemnizing the
officer, shall likewise have authority to solemnize marriages in marriage
articulo mortis between persons within the zone of military
operation, whether members of the armed forces or civilians Reason for this article: persons cohabitating may be
discouraged to legalize their status if they have to undergo the
*Art31 and 32 are special cases of marriages in articulo mortis. process of acquiring a marriage license.
People in 31 and 32 have to be in articulo mortis. Other people
like a judge or a consul can perform a marriage in articulo *considered an exceptional marriage; for people cohabitating
mortis. for at least 5 yrs, an affidavit is sufficient to legalize their
status of married people
Article 33
Marriages among Muslims or among members of the ethnic
cultural communities may be performed validly without the CHAPTER 3
necessity of a marriage license, provided that they are VOID VOIDABLE
solemnized in accordance with their customs, rites or practices. Can never be ratified Can generally be ratified by
free cohabitation
- No judicial notice of Mohammedan rites and customs for Always void Valid until annulled
marriage; must be alleged and proved in court. Can be attacked directly or Cannot be assailed
- Consistent with Art14 Sec17 of 1987 Consti which states collaterally collaterally; there must be a
that “the State shall recognize, respect, and protect the direct proceeding
rights of indigenous cultural communities, to preserve No conjugal partnership; only There is conjugal partnership
and develop their cultures traditions, and institutions. It co-ownership
shall consider these rights in the formulation of national *collateral attack – an attempt to defeat a judgment through a
plans and policies.” separate action instead of an appeal or other direct attack

Article 34 2 Kinds of impediment in Marriages
No license shall be necessary for the marriage of a man and 1. Diriment Impediments – make marriage void (like close
woman who have lived together as husband and wife for at blood relationship or prior existing marriage)
least 5 yrs and without any legal impediment to marry each 2. Prohibitive impediments – do not affect validity but
other. The contracting parties shall state the foregoing facts in criminal prosecution may follow
an affidavit before any person authorized by law to administer
oaths. The solemnizing officer shall also state under oath that Other Classification of Impediments
he ascertained the qualifications of the contracting parties and 1. Absolute – person cannot marry at all
found no legal impediment to the marriage.

If church may declare a marriage void on the 6.point of death (normal. Relative – prohibition only with respect to certain the essential marital obligations of marriage. paragraph 3: . plane. semblance of divorce in the Phils. Canon 1095.the partition and distribution of the .Concrete person of his spouse .Must be lasting – clear that the subject will not be rid of EXEMPTION: those under Chapter 2 his incapacity considering . . ship or . Solemnized without a license . presumptive legitimes .Basic requirement: psych defect be existing during the EXEMPTION: unless such marriages were marriage or at the time of the wedding contracted with either or both parties believing in . insanity (this merely renders the marriage voidable).Peculiar socio-cultural milieu of his marriage commissioned officer military commander . at the time of the marriage is NOVEL in Phil laws.remote place. was psychologically incapacitated to comply with . will and heart for the performance of marriage authority to do so obligations 3. necessity of prior church cancellation . it may seem like we have a properties of the spouses.This makes psychological incapacity accepted in 4. the same may be the recorded the following in the appropriate civil registry: cause for the cancellation of marriage – not legal . who are not communities (even Mohammedans but must capable of assuming the essential obligations of be proved in court).Actual situation within zone of military operation). But annulment is not .and the delivery of the children’s divorce. even with consent of marital obligations of marriage parents or guardians .Came from Canon Law Code. Contracted with mistake of one party as to the identity the annulment of Catholic religion marriage).Need not be manifested before or during the marriage 2.With this provision. 2. Solemnized by any person not legally authorized to (celebration) perform marriages . Bigamous or polygamous not falling under Article 41 civil law as ground for civil marriage annulment (absentee spouse) (although it has already been favored for years in 5.Existence of psyho incapacity crucially depends on the facts of the case. . judgment of the annulment or the absolute separation – in civil courts without the nullity of the marriage. matrimony due to causes of a psychological nature .Definition: condition of a person who does not have the good faith that solemnizing officer had legal mind. of the other . Subsequent marriages void under Article 53 –not having ground of psycho incapacity.cohabitation for at least 5 years . But mental incapacity celebration.Concept of psycho incapacity as a ground for nullity of A marriage contracted by any party who. shall likewise be persons (bcoz of relationship?) void even if such incapacity becomes manifest only after its solemnization Article 35 Psychological incapacity as ground to render marriage void The following shall be void from the beginning (void ab initio) . Article 36 .Muslims and other ethnic cultural They are incapable of contracting marriage.Does not refer to mental incapacity tantamount to . *Mail order brides is an unlawful practice . Contracted by any party below 18.Psychologically incapable of complying with the essential 1.

has long been recognized as a ground for the dissolution other spouse.Sufficiently proven by experts awareness of duties of the matrimonial bond . due to some incapacity psychological.Alleged in complaint grave and permanent malady depriving one of .HAS BEEN DISPENSED WITH following the Separation ruling on Marcos v.It is essential that they must be shown to be competent to determine the root cause of psych INCAPABLE OF DOING SO.Clearly explained in decision 2.Root cause of psych incapacity must be Reasons of the Supreme Court for arriving at this(?) conclusion: . only experts in the as married persons - fields of neurological and behavioral sciences are . . any doubt must be resolved in favor of peremptorily decreed. CA and Gina La-Tsoi .An unsatisfactory marriage is NOT considered null and opinion.When it is no longer necessary to allege expert . much less its psychic meaning and agreeing or opposing to petition which must be obligations of marriage including parenting submitted within 15 days from the date the case is 4.Interpretations given by the National Appellate of the nation. Psycho incapacity is medically or clinically permanent or submitted for resolution – HAS BEEN DISPENSED incurable. not physical. Incurability may be relative only with the .Effect of the rule “expert opinion need not be Amy Perez-Ferraris v Brix Ferraris – it is not enough to prove alleged” – there is also no need to allege the root that the parties failed to meet their responsibilities and duties cause fo the psych incapacity. Personal examination by a physician is NOT required for the spouse to be declared psychologically incapacitated *article 36 is not to be confused with Divorce Laws or Legal . Chi Ming Tsoi v. Jurisprudence recognized that psycho incapacity is a . marriage and against its nullity . illness.If evidence does not appear to be symptomatic of .Burden of proof to show nullity of marriage falls on that no precipitate and indiscriminate nullity is plaintiff. A person unable to distinguish between fantasy and . psych incapacity must be established void by the totality of the evidence presented during trial. and other conditions of that Republic v. it must defend against marriages that are Matrimony Tribunal of Catholic Church is not controlling ill-equipped to promote family but must be given respect by the Church 3. Every circumstance that may have some bearing on the degree.NO DECISION shall be handed down unless Solicitor reality would not be able to comprehend the legal nature General issues a certification stating his reasons for of the marital bond. State interest in promoting marriage as the foundation .Constant non-fulfillment of one of the essential marital a grave psychological disorder. not necessarily against everyone of the of marriage same sex .Medically identified 1. it will not be obligations to procreate children based on the sufficient to support psych incapacity universal principle that procreation of children thru .Senseless and protracted refusal of one of the parties is meaning and significance to the marriage equivalent to psych incapacity . extent. Marcos . Molina incapacity must be carefully examined and evaluated so . Law intended to confine psycho incapacity to the sexual cooperation as the basic end of marriage will most serious cases or personality disorders clearly destroy the integrity or wholeness of marriage demonstrative of an utter insensitivity or inability to give .

Parents in law have no legitimate or illegitimate impediments to get married provided in the law. is null and void. Brothers and sisters. Mutual obligations 3. 1.Should refer to mental incapacity causing a party illegitimate up to fourth civil degree to be truly cognitive of basic marital covenants 2. Marriages between two boys or two girls. Acts of 3. WITH following the implementation of the Rule on For collateral (parallel/additional) line: count subject. not necessarily to other person. and must be relevant to assumption of marriage obligations. up to the nearest common ancestor then count down to the . there is no 9. Marriages in jest. Between adopted children of the same adopter the basic marital covenants. Between collateral blood relatives. respect. Step parents and step-children that must be assumed. fidelity and render 4. Adopting parent and the adopted child help and support 5. Common law marriages a personality that makes petitioner completely unable to discharge the duties and obligations of A second marriage is not bigamous when the second marriage marriage. drama or movie. regardless of the good faith of either party.Sexual infidelity is not sufficient proof. basis to contend that the petitioner killed the other person’s spouse. full or half blood not a disqualification. It is therefore legally possible for a priest to have a legitimate child. a priest is 2. Parties where one. then minus 1 everyone else.Contradictory to characterize an act as a product child of psych incapacity (thus beyond the control of 6. Parents in law and children in law include: observe love. Between an adopted child and a legitimate child of the considering the same set of acts as willful. A bigamous marriage is void. legitimate or . psych incapacity must be characterized Other void marriages: by juridical antecedence. Article 37 Marriages between the following are incestuous and void from Stepbrothers and stepsisters are now allowed to marry each the beginning. Surviving spouse of the adopting parent and the adopted . How are degrees computed? For direct line: Count all who are included then minus 1 Article 39 The action or defense for the declaration of absolute nullity of a marriage shall not prescribe . whether the relationship between the parties be other under the Family Code. NOT to those not related to Article 38 marriage The following shall be void from the beginning for reasons of public policy: Psychological Incapacity Reexamined 1.To be ground for declaration of nullity of marriage. adopter  Since one claims to be truly incognitive of 8. then go Declaration of Absolute Nullity of Void Marriages. incurability. Ascendants and descendants of any degree Rule for Roman Catholic Priest: under the Civil Law. Surviving spouse of the adopted child and the adopter the party due to an innate disability) while 7. Marriages in a play. unfaithfulness must be shown as manifestations of 4. Must be relative to the other spouse. gravity and 1. or his or her own purposely deceived the private respondent spouse . . with the intention to marry the other. 2.

Art40 is only applicable to remarriages after the effectivity of the Family Code on Aug. 3. .Final judgment declaring the previous marriage void need not be obtained only for purposes of remarriage .Self explanatory. 1988. there is need to declare a void marriage as void or invalid Article 40 The absolute nullity of a previous marriage may be invoked for purposes of marriage on the basis solely of a final judgment declaring such previous marriage void .Judicial declaration of nullity was only required under the Family Code.A void marriage must first be declared void. especially for purposes of remarriage .