Professional Documents
Culture Documents
FAMILY CODE SPECIAL CONTRACTS have specific names designated by
law and thus classified as nominate contracts. They are
covered largely by the specific provisions in the Title or
CHAPTER 1: REQUISITES OF MARRIAGE special laws governing or creating them.
PHILOSOPHICAL FOUNDATION OF ORDINARY CONTRACTS are subject to the general rules
found in Titles I and II of the NCC.
MARRIAGE
--------------------------------------------------------- In case of conflict between the rules governing ordinary
contracts and special contracts, the latter prevails.
GESMUNDO: Himay the law according to its term.
Don’t expound using other words. This saves time. THUS: while in an ordinary contract the parties may agree
on instances when such contract can terminated, such
Art. 1. Marriage is a special contract of permanent union type of stipulations cannot be provided in a contract of
between a man and a woman entered into in marriage where only the law determines its end.
accordance with law for the establishment of conjugal
and family life [two types of family relations]. It is the
foundation of the family and an inviolable social institution
- The law treats marriage as a greater than mere
whose nature, consequences, and incidents (philosophy)
interpersonal relationship between two individuals
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. MARRIAGE AS A STATUS
As a status - changes the status of the parties from single to
This article lays down the philosophical foundation of married.
Philipine marital laws. Hence the application and ---------------------------------------------------------
interpretations of their specific provisions should be PARTIES TO MARRIAGE
consistent with such perspective. 1. Two willing spouses
2. An approving State
- The primordial purpose of marriage is the establishment of
Upon marriage, the parties assume new relations to each
family life.
other and the State touching nearly every aspect of life and
death.
CONJUGAL LIFE - refers restrictively to the relationship
In ordinary contracts, there are only two parties, the creditor
between the husband and the wife
and debtor. It is merely a meeting of minds between two
FAMILY LIFE - includes the children person. Status is not changed. Relations is not changed.
---------------------------------------------------------
CIRCUMSTANCES OF BEING MARRIED AS A FAMILY RELATION MARRIAGE AS A SOCIAL INSTITUTION
- may modify or limit the capacity to act of spouses
- the law imposes upon the husband and wife
personal obligations such as the duty to live WIKIPEDIA: Institutions can refer to mechanisms of
together social order, which govern the behaviour of a set of
- or property restrictions such as not to donate to the individuals within a given community.
other spouse during the marriage except for
moderate gifts.
--------------------------------------------------------- What is Social Institution?
- Is a social structures and social mechanisms of social
MARRIAGE AS A CONTRACT order and cooperation that govern the behavior of its
- It is a contract and much more. It is a contract of members.
permanent union between a man and a woman. A - Is a group of social positions, connected by social
contract of marriage unlike other contracts confers relations, performing a social role.
status . - Any institution in a society that works to socialize the
- Generally in contracts, the parties are free to enter group of people in it.
into contractual stipulations. However, in a marriage
- The basis of human society through out the civilized world is
contract parties are generally not free to enter into
that of marriage.
contractual stipulations. All the consequences of
- (As a Christian country) Protects the sanctity of marriage as
marriage are determined by law.
a social institution.
- The only area in which the parties
- The State has surrounded marriage with safeguards to
may stipulate is with regard to property
maintain its purity, continuity, and permanence.
relations as long as these stipulations are not
- Why? The security and stability of the State are
contrary to law.
largely dependent upon it
- In fact, the parties are not limited to
- Each and every member of the community has the
the 3 major regimes in the Family Code.
interest and duty to prevent the bringing about a
- Its special not only as an event but as a contract. It
condition that would shake its foundation and
is referred to in law as a special contract. Special
untimely lead to its destruction
contracts in law, include, among others, contract of
sale, contract of lease, or contract of insurance.
• __
- Consequently, every intendment of the law lean - No criminal conspiracy can be inferred from the fact of just
towards legalizing matrimony being married to an erring spouse. It is essential that there be
- intentional participation in the transaction with a view to the
A CONSTITUTIONAL MANDATE furtherance of the common design.
- Marriage ceremony cannot be used as an escape route to
ARTICLE XV THE FAMILY
Section 2. Marriage, as an inviolable social institution, is escape the criminal consequences of rape.
the foundation of the family and shall be protected by the - Enforcement of the law on adultery is mainly for the
State. protection of the basic social institutions of marriage and
family. It is not principally about the vindication of the private
---------------------------------------------------------
honor of the offended spouse. The constitutional mandate to
MARRIAGE AS A PERMANENT UNION protect such social institution is more important.
- A marriage persists once contracted and being personal in - SC stresses strongly the need to protect the basic social
nature is ended only upon the death of either of the spouses. institutions of marriage and family. The public policy here
- Absolute divorce is not availing under the Philippine law involved is the most fundamental kind.
- except under the Code of Muslim Personal Laws of - The court is quick to nullify any provision of law that will be
the Philippines discriminatory of marriage.
- and under certain conditions, in case of mixed - The proviso in question does not satisfy these
marriages involving a Filipino spouse or in case of requirements. The proviso discriminates against the
recognition of foreign divorce involving foreigners dependent spouse who contracts marriage to the
- The fact that Manzano and Payao had been living apart pensioner within three years before the pensioner
from their respective spouses for a long time already is
qualified for the pension.31 Under the proviso, even
immaterial. Article 63(1) of the Family Code allows spouses
who have obtained a decree of legal separation to live if the dependent spouse married the pensioner
separately from each other, but in such a case the marriage more than three years before the pensioner's death,
bonds are not severed. Elsewise stated,legal separation does the dependent spouse would still not receive
not dissolve the marriage tie, much less authorize the parties survivorship pension if the marriage took place
to remarry. This holds true all the more when the separation is within three years before the pensioner qualified for
merely de facto, as in the case at bar. [BORJA-MANZANO
pension. The object of the prohibition is vague.
v Sanchez]
- Just like separation, free and voluntary cohabitation with There is no reasonable connection between the
another person for at least five years does not severe the tie means employed and the purpose intended. The
of a subsisting previous marriage. Marital cohabitation for a law itself does not provide any reason or purpose for
long period of time between two individuals who are legally such a prohibition. If the purpose of the proviso is to
capacitated to marry each other is merely a ground for prevent "deathbed marriages," then we do not see
exemption from marriage license. It could not serve as a
why the proviso reckons the three-year prohibition
justification for respondent Judge to solemnize a subsequent
marriage vitiated by the impediment of a prior existing from the date the pensioner qualified for pension
marriage. [BORJA-MANZANO v Sanchez] and not from the date the pensioner died. The
classification does not rest on substantial distinctions.
EXCEPTION Worse, the classification lumps all those marriages
contracted within three years before the pensioner
- However, certain flawed or imperfect marriage are
qualified for pension as having been contracted
allowed to be put to an end.
- In the case of a void ab initio marriage declared a nullity, primarily for financial convenience to avail of
the marital tie is rendered inexistent. [may contract pension benefits.
another marriage]
- Voidable marriage annulled: the marital relationship - The court has dissuaded itself from making a finding on
between the parties is severed. [may contract another whether a wife is unfaithful to her husband or not, when the
marriage] husband has given his wife a clean slate already.
- Where a subsequent bigamous marriage is terminated
the subsequent spouse may marry again but not the - Obviously, Engr. Wilfredo B. Cañas, the lifetime
spouse present who will remain married to the partner of Mrs. Flordeliza Cañas, day and night,
reappearing spouse. should be in the best position to observe her.
Whether or not his wife is unfaithful to him is a matter
within the sphere of the husband to detect. Here,
void ab initio marriage Voidable marriage Engr. Wilfredo B. Cañas having given his wife clean
annulled slate, We can do no less. A different conclusion and
ruling could ruin families, which society cherishes
marital relationship/tie is marital relationship/tie is and protects (Article 215, New Civil Code; Article
rendered inexistent. severed. 149, Family Code).
---------------------------------------------------------
[may contract another [may contract another
marriage] marriage] OTHER LAWS PROTECTING MARRIAGE
- RPC 349 penalizes crime of bigamy (a person contracts a
--------------------------------------------------------- second or subsequent marriage before the former marriage
JURISPRUDENCE ON MARRIAGE has been legally dissolved, or before the absent spous has
been declared presumptively dead by means of a
- Practice derogatory against the sanctity of marriage is not judgement rendered in a proper proceeding)
allowed. No one can make a mockery thereof and perform - RPC 350 penalizes one who contracts marriage knowing
a sham marriage with impunity. One cannot make fun of that the requirements of the law have not been complied
and take lightly the sacredness of marriage. with or that the marriage is in disregard of a legal
impediment
• __
FLAWED/IMPERFECT MARRIAGES
Art. 45. A marriage may be
annulled for any of the
1. VOID (ABSENCE of E or F) following causes, existing at
2. VOIDABLE (FLAW in E = defect) the time of the marriage: xx
3. VALID BUT WITH IRREGULARITY (FLAW in F =
BOTH shall not affect the validity of the marriage
irregularity)
4. NON-EXISTENT
--------------------------------------------------------- ---------------------------------------------------------
TYPES OF IMPERFECT/FLAWED MARRIAGES:
Art. 4. The absence of any of the essential or formal 1. void ab initio marriage
requisites shall render the marriage void ab initio, except - this type of marriage involves a “diriment
as stated in Article 35 (2). impediment”, one which would render a marriage
A defect in any of the essential requisites shall not affect null and void.
the validity of the marriage but the party or parties - non-existent
responsible for the irregularity shall be civilly, criminally and - gives rise to a property regime governed by law
administratively liable. (n) - children borne out of a void marriage may be
legitimate or illegitimate.
defective but valid example: Those solemnized by any - Even a judicial declaration of the nullity of marriage
person not legally authorized to perform marriages unless does not completely obliterate the effects of it
such marriages were contracted with either or both parties having existed. Hence, a void ab initio marriage
believing in good faith that the solemnizing officer had the may be considered merely a flawed or imperfect
legal authority to do so; marriage, not one inexistent from the beginning.
In the instant case, however, no marriage ceremony
“diriment impediment” “probative impediment” at all was performed by a duly authorized
solemnizing officer. Petitioner and Lucia Barrete
one which would render a one that is not serious merely signed a marriage contract on their own. The
marriage null and void. enough to render the mere private act of signing a marriage contract
marriage void or voidable. bears no semblance to a valid marriage and thus,
needs no judicial declaration of nullity. Such act
e.g. subsisting previous local registrar may be held alone, without more, cannot be deemed to
marriage is a diriment liable when falsification of a constitute an ostensibly valid marriage for which
impediment document or bribery is petitioner might be held liable for bigamy unless he
committed but it is only
first secures a judicial declaration of nullity before he
probative impediment
contracts a subsequent marriage.
2. voidable marriage
merely a flaw/irregularity
- there is a defect in any of the essential requisites of
a valid marriage renders it annullable as provided in
Article 45 of this code.
defect irregularity 3. valid marriage with civil, criminal or administrative liability
Certain defects are There are types of
provided in Article 45 of this irregulatiy that are not VALID MARRIAGE usually refers to one which is neither void
code that makes a serious enough to render or voidable.
marriage the marriage void or
annullable/voidable voidable (a probative
impediment)
flaw is in the essential flaw is in the formal
requisites = defect requisites = irregularity
PRESUMPTION
A defect in any of the marriage certificate - PRESUMPTION OF VALID MARRIAGE. — Law raises a strong
secured without complying presumption of legality, not only casting the burden of
essential requisites shall not
with the ten-day posting proof on the party objective, but requiring him throughout,
affect the validity of the
requirement: valid but in every particular, to make plain, against the constant
marriage but the party or pressure of this presumption, the truth of law and fact that
parties responsible for the tainted by an irregularity in
the formal requisite # 2 the marriage is illegal and void.
irregularity shall be civilly,
criminally and
administratively liable. 4. Art 42: Allows the termination of a subsequent bigamous
marriage.
voidable marriage: there is local registrar may be held 5. Title II on Legal Separation: Altogether present a different
a defect in any of the liable when falsification of a kind of flawed or imperfect marriage wherein the law or
essential requisites of a document or bribery is imperfection arises after its celebration
valid marriage renders it committed. [“probative 6. Secret marriage - type where the couple doesn’t inform
annullable as provided in impediment”] their family, relatives. As long as requisites are complete, this
Article 45 of this code. marriage is valid .
• __
IMPEDIMENTS TO LEGAL CAPACITY (FOR or illegitimate, up to the fourth civil degree; [no longer
MARRIAGE) incestuous but against public policy]
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
“diriment impediment” “probative impediment” (4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent
one which would render a one that is not serious and the adopted child;
marriage null and void. enough to render the (6) Between the surviving spouse of the adopted child and
marriage void or voidable. the adopter;
(7) Between an adopted child and a legitimate child of
the adopter;
e.g. subsisting previous local registrar may be held
(8) Between adopted children of the same adopter; and
marriage is a diriment liable when falsification of a
(9) Between parties where one, with the intention to marry
impediment document or bribery is
the other, killed that other person's spouse, or his or her
committed but it is only
own spouse. (82)
probative impediment
TERMINOLOGIES
merely a flaw/irregularity
Collateral descendant is a legal term for a relative
--------------------------------------------------------- descended from a brother or sister of an ancestor, and
thus a niece, nephew, or cousin.
Art. 5. Any male or female of the age of eighteen years or
upwards not under any of the impediments mentioned in EXCEPTIONS (NO IMPEDIMENT)
Articles 37 and 38, may contract marriage. (54a) - Marriage allowed between a step brother and his step
sister
- legal capacity for contracting parties mentioned in the - between the widowed father of the husband and the
Article 2 of this chapter. widowed mother of his wife.
--------------------------------------------------------- - a guardian is not incapacitated to marry his ward by
reason alone of guardianship.
AGE REQUIREMENT FOR CAPACITY
1. Must be at least 18 years of age, applies to all contracting ---------------------------------------------------------
parties (absolute). OTHER REQUIREMENTS FOR CAPACITY
2. The law establishes the MINIMUM AGE, but does not
provide a MAXIMUM age. Art. 41. A marriage contracted by any person during
3. There is no age difference requirement. subsistence of a previous marriage shall be null and void,
--------------------------------------------------------- unless before the celebration of the subsequent marriage,
the prior spouse had been absent for four consecutive
RELATIONAL REQUIREMENT FOR CAPACITY years and the spouse present has a well-founded belief
1. The absence of impediment requirement applies only to
that the absent spouse was already dead. In case of
certain relationships (relative).
disappearance where there is danger of death under the
2. There must be absence of any impediment between the
circumstances set forth in the provisions of Article 391 of
contracting parties brought about by certain relationship
the Civil Code, an absence of only two years shall be
such as consanguinity marriage adoption or as a
sufficient.
consequence of a particular criminal liability. (Art. 37,38 FC)
---------------------------------------------------------
- Absence of an existing marriage should be considered as
IMPEDIMENTS IN MARRIAGE
forming part of the legal capacity to contract marriage.
LEGAL IMPEDIMENT - EXCEPT: spouse had been absent for four
An obstacle to valid marriage, determined by civil consecutive years
authority. - EXCEPT: In case of disappearance where there is
Impediments are sometimes called disabilities. In the civil danger of death. spouse had been absent for two
law, this term is used to signify bars to a marriage. Absolute years
impediments are those which prevent the person subject
to them from marrying at all, without either the nullity of
marriage or its being punishable.
FOUND IN: Art. 37 and Art. 38
PRESUMPTION
- ABSENCE OF IMPEDIMENTS PRESUMED. — It is settled law
that when a marriage has been consummated in
accordance with the forms of the law, it is presumed that
Art. 37. Marriages between the following are incestuous no legal impediments existed to the parties entering into
and void from the beginning, whether relationship such marriage, and the fact, if shown, that either or both of
between the parties be legitimate or illegitimate: the parties have been previously married, and that such
wife or husband of the first marriage is still living, does not
(1) Between ascendants and descendants of any degree; destroy the prima facie legality of the last marriage. The
and presumption in such a case is that the former marriage has
(2) Between brothers and sisters, whether of the full or half been legally dissolved, and the burden of proving that it
blood. (81a) has not rests upon the party seeking to impeach the last
marriage. (Wenning v. Teeple, 144 Ind., 189.)
Art. 38. The following marriages shall be void from the
beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate
• __
PRESUMPTION
TESTIMONY OF THE WEDDING TAKING PLACE — The
declaration to take each other as husband and wife can
- PRESUMPTION OF LEGALITY OF MARRIAGE CEREMONY. — be presumed from the testimony of the witness who state
If a ceremony of marriage appears in evidence, it is that the wedding took place. (logic: for no wedding ever
presumed to have been rightly performed, and to have consummate without declaring such).
been preceded by all the needful preliminaries.
--------------------------------------------------------- 2b. Signing of the marriage contract is merely a requirement
of evidentiary value, the omission of which does not render a
Art. 6. No prescribed form or religious rite for the marriage a nullity. (not diriment impediment)
solemnization of the marriage is required. It shall be - We think the signing of the marriage contract or
necessary, however, for the contracting parties to appear certificate was required by the statute simply for the
personally before the solemnizing officer and declare in purpose of evidencing the act.4 No statutory
the presence of not less than two witnesses of legal age provision or court ruling has been cited making it an
that they take each other as husband and wife. This essential requisite — not the formal requirement of
evidentiary value, which we believe it is. 1
declaration shall be contained in the marriage certificate
- The fact of marriage is one thing; the proof by which
which shall be signed by the contracting parties and their
it may be established is quite another.2
witnesses and attested by the solemnizing officer. - In the first place, the Marriage Law itself, in sections
28, 29 and 30 enumerates the causes for annulment
In case of a marriage in articulo mortis, when the party at of marriage. Failure to sign the marriage contract is
the point of death is unable to sign the marriage not one of them.3
certificate, it shall be sufficient for one of the witnesses to - We think the signing of the marriage contract or
the marriage to write the name of said party, which fact certificate was required by the statute simply for the
shall be attested by the solemnizing officer. (55a) purpose of evidencing the act.4 No statutory
provision or court ruling has been cited making it an
essential requisite — not the formal requirement of
IMPORTANCE OF MINIMUM FORM/RITE OF MARRIAGE evidentiary value, which we believe it is. The fact of
marriage is one thing; the proof by which it may be
CEREMONY
established is quite another.4
Marriage ceremony or the semblance thereof will make a
marriage within the sphere of this code. WITHOUT IT, the 3. They must make their declaration in the presence of two
marriage will be NON-EXISTENT in category. witnesses of legal age.
- Such parties will merely have the status of - The absence of two witnesses or presence of only 1
“cohabitation” (presumption that assuming they witness considered by many authorities to be merely
did get married, they will live together). an IRREGULARITY/FLAW in a formal requisite.
(irregularity i.e. probative impediment? i.e. not
serious enough to render the marriage void or
---------------------------------------------------------
voidable).
MINIMUM FORM OR RITE REQUIRED - Their witnessing may be supplanted not
- The minimum form or rite necessary is that which will satisfy only by the solemnizing officer
the formal requisite of a marriage ceremony. - or guests to the wedding
1. The contracting parties must personally appear before a - or even by the act of contracting parties
solemnizing officer; signing the marriage certificate
2. They must declaire that they take each other as husband - all of which are competent evidence to
and wife; prove the taking place of a marriage
- There is no particular form by which to make the ceremony
declaration.
- The traditional “do you take each other as husband
and wife” followed by “i do” are not necessary for COMPETENT EVIDENCE TO PROVE THE TAKING PLACE OF A
the validity of a marriage. MARRIAGE CEREMONY (i.e. EVIDENTIARY VALUE)
- the contracting parties need not be asked or state
any affirmation orally 1. Two witnesses of legal age
- the solemnizing officer need not ask the parties 2. Witnessing of the solemnizing officer i
whether they take each other as husband and wife. 3. Witnessing of guests to the weddin
- the fact that there is a certification indicating the 4. The act of contracting parties signing the marriage
marriage taking place issued by the solemnizing certificate
officer and signed by the parties will be sufficient
compliance.
- The declaration that the parties take each oher as ---------------------------------------------------------
husband and wife can be presumed from the fact FORM OR RITE NOT ALLOWED
that the wedding took place. - Marriage by proxy - is one where one or both the
1
De Loria v. Felix, G.R. No. L-9005 , (21356).
2
Ibid.
3
Ibid.
4
Ibid.
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AUTHORIZED SOLEMNIZING OFFICERS BY contracting parties belongs to the solemnizing officer's
church or religious sect;
LAW - This list is not exclusive. It does not exclude other
--------------------------------------------------------- officers belonging to other religions which perform
the same or similar functions
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the
court's jurisdiction; PRIESTS - one special consecrated to the service of a
(2) Any priest, rabbi, imam, or minister of any church or divinity and considered as the medium through whom
religious sect duly authorized by his church or religious sect worship, prayer, sacrifice, or other services is to be offered
and registered with the civil registrar general, acting within to [e.g. priest of Baal or a Buddhist priest]
the limits of the written authority granted by his church or
MINISTER means all clergymen of every denomination and
religious sect and provided that at least one of the
faith
contracting parties belongs to the solemnizing officer's
church or religious sect; DENOMINATION is a religious sect having a particular
(3) Any ship captain or airplane chief only in the case name
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 REQUIREMENTS TO RELIGIOUS SOLEMNIZERS
operation, likewise only in the cases mentioned in Article 32; 1. The priest, rabbi, imam or minister is authorized by his
(5) Any consul-general, consul or vice-consul in the case church or religious sect;
provided in Article 10. (56a) 2. he must be registered with the civil registry general;
articulo mortis. : at the point of death a patient in articulo The law permits in articulo mortis marriages, without
mortis. marriage license; but it requires the priest to make the
affidavit and file it. Such affidavit contains the data usually
required for the issuance of a marriage license. The first
- The law defines the limits of each authority given practically substitutes the latter. Now then, if a marriage
- Enumeration, this list is exclusive. celebrated without the license is not voidable (under Act
--------------------------------------------------------- 3613),5 this marriage should not also be voidable for lack
of such affidavit.6
ENUMERATION OF OFFICERS
3. he must act within the limits of the written authority
(1) Any incumbent member of the judiciary within the court's granted him by his church or religious sect;
jurisdiction; - Catholic priest are only allowed to marry within
- incumbent - currently sitting and performing his the area of his diocese or bishop.
functions as such as opposed to retired members 4. at least one of the contracting parties belongs to the
who remain addressed deferential as “Judge” or solemnizing officer’s church or religious sect.
“Justice” - a catholic church cannot marry parties who are
- Members are: justices of SC, CA, RTC, FC, MTCs, both other religions (e.g. INC)
Sandiganbayan, CTA.
- SC and its appellate courts has authority to (3) Any ship captain or airplane chief only in the case
solemnize parties from any part of the Philippines mentioned in Article 31;
while RTC, FC, MTCs is limited to certain locality or
localities within the court’s jurisdiction.,5
Art. 31. A marriage in articulo mortis between passengers
TERRITORIAL LIMITS AND AUTHORITY or crew members may also be solemnized by a ship
captain or by an airplane pilot not only while the ship is at
A MERE IRREGULARITY; FLAW IN THE FORMAL REQUISITE; sea or the plane is in flight, but also during stopovers at
PROBATIVE IMPEDIMENT; ports of call. (74a)
Judge who are appointed to specific jurisdiction may
officiate in wedding only within said areas and not
beyond. To do beyond is a flaw in the formal requisites - REQUISITES TO CAPTAIN/PILOT SOLEMNIZERS
irregularity. It does not render the marriage void or 1. Marriage in articulo mortis
voidable, but it subjects the officiating official to - Articulo mortis has been upheld despite the party
administrative liablity. at the point of death survived. The court
acknowledged the testimony of the solemnizing
officer asserting articulo mortis at the time of
(2) Any priest, rabbi, imam, or minister of any church or marriage as an enough basis.7
religious sect duly authorized by his church or religious sect - There is no doubt at all in the mind of this Court,
and registered with the civil registrar general, acting within that Fr. Gerardo Bautista, solemnized the
the limits of the written authority granted by his church or marriage in articulo mortis of Defendant Apelan
religious sect and provided that at least one of the Felix and Matea de la Cruz, on January 29 and
5
Supreme Court, Guidelines On The Solemnization Of
6
Marriage By The Members Of The Judiciary, Administrative De Loria v. Felix, G.R. No. L-9005 , (21356).
7
Order No. 125-2007 (August 9, 2007). De Loria v. Felix, G.R. No. L-9005 , (21356).
• __
30, 1945, under the circumstances set forth in the about her condition that he decided in administering to
reverend's testimony in court.8 her the sacrament of extreme unction, after hearing her
- Fr. Bautista clearly testified, however, that her confession. . . . .The greatest objection of the Appellees
condition at the time was bad; she was and the trial court against the validity of the marriage
bed-ridden; and according to his observation, under consideration, is the admitted fact that it was not
she might die at any moment (Exhibit 1), so registered.
apprehensive was he about her condition that he
decided in administering to her the sacrament of There is no question about the officiating priest's authority
extreme unction, after hearing her confession9 to solemnize marriage. There is also no question that the
2. Marriage must be between passengers or crew parties had legal capacity to contract marriage, and that
members of the captain/pilot’s ship both declared before Fr. Bautista and Carmen Ordiales
3. Can be done while the ship is at sea or the plane is in and Judith Vizcarra that "they took each other as husband
flight. and wife."
4. Can be done during stopovers at ports of call
ISSUES:
articulo mortis. : at the point of death a patient in articulo 1. The appellants' contention of invalidity rests on these
mortis. propositions:
ship captain is the highest ranking officer in a ship on on a (a) There was no "marriage contract" signed by the
voyage. wedded couple the witnesses and the priest, as required
pilot the term should refer to the highest ranking officer in by section 3 of the Marriage Law; and
an airplane or flight (b) The priest filed no affidavit, nor recorded the marriage
with the local civil registry.
2. However, we may as well face this second issue: Does
CASE DIGEST: 10
he failure to sign the "marriage certificate or contract"
constitute a cause for nullity?
It appears that long before, and during the War of the
Pacific, these two persons lived together as wife and
RATIO
husband at Cabrera Street, Pasay City. They acquired
1. The mere fact that the parish priest who married the
properties but had no children. In the early part of the
plaintiff's natural father and mother, while the latter was in
liberation of Manila and surrounding territory, Matea be
articulo mortis, failed to send a copy of the marriage
came seriously ill. Knowing her critical condition, two
certificate to the municipal secretary, does not invalidate
young ladies of legal age dedicated to the service of
said marriage, since it does not appear that in the
God, named Carmen Ordiales and Judith Vizcarra1 visited
celebration thereof all requisites for its validity were not
and persuaded her to go to confession. They fetched
present, the forwarding of a copy of the marriage
Father Gerardo Bautista, Catholic parish priest of Pasay.
certificate not being one of the requisites. (Jones vs.
The latter, upon learning that the penitent had been living
Hortiguela, 64 Phil. 179.) See also Madridejo vs. De Leon, 55
with Felipe Apelan Felix without benefit of marriage, asked
Phil. 1
both parties to ratify their union according to the rites of his
Church. Both agreed. Whereupon the priest heard the
1. The law permits in articulo mortis marriages, without
confession of the bed-ridden old woman, gave her Holy
marriage license; but it requires the priest to make the
Communion, administered the Sacrament of Extreme
affidavit and file it. Such affidavit contains the data usually
Unction and then solemnized her marriage with Felipe
required for the issuance of a marriage license. The first
Apelan Felix in articulo mortis,2 Carmen Ordiales and
practically substitutes the latter. Now then, if a marriage
Judith Vizcarra acting as sponsors or witnesses. It was then
celebrated without the license is not voidable (under Act
January 29 or 30, 1945.
3613),5 this marriage should not also be voidable for lack
of such affidavit.
After a few months, Matea recovered from her sickness;
but death was not to be denied, and in January 1946, she
In line with the policy to encourage the legalization of the
was interred in Pasay, the same Fr. Bautista performing the
union of men and women who have lived publicly in a
burial ceremonies.
state of concubinage6, (section 22), we must hold this
marriage to be valid.
According to the Court of Appeals: There is no doubt at all
in the mind of this Court, that Fr. Gerardo Bautista,
The widower, needless to add, has better rights to the
solemnized the marriage in articulo mortis of Defendant
estate of the deceased than the plaintiffs who are the
Apelan Felix and Matea de la Cruz, on January 29 and 30,
grandchildren of her sister Adriana. "In the absence of
1945, under the circumstances set forth in the reverend's
brothers or sisters and of nephews, children of the former, .
testimony in court. Fr. Bautista, a respectable old priest of
. . the surviving spouse . . . shall succeed to the entire
Pasay City then, had no reason to side one or the other. . .
estate of the deceased. (Art 952, Civil Code.)
. Notwithstanding this positive evidence on the celebration
2. Marriage contract is the "instrument in triplicate"
or performance of the marriage in question,
mentioned in sec. 3 of the Marriage Law which provides:
Plaintiffs-Appellees contend that the same was not in
articulo mortis, because Matea de la Cruz was not then on
Sec. 3. Mutual Consent. — No particular form for the
the point of death. Fr. Bautista clearly testified, however,
ceremony of marriage is required, but the parties with
that her condition at the time was bad; she was
legal capacity to contract marriage must declare, in the
bed-ridden; and according to his observation, she might
presence of the person solemnizing the marriage and of
die at any moment (Exhibit 1), so apprehensive was he
two witnesses of legal age, that they take each other as
husband and wife. This declaration shall be set forth in an
instrument in triplicate, signed by signature or mark by the
8
Ibid. contracting parties and said two witnesses and attested
9
Ibid. by the person solemnizing the marriage. . . . (Emphasis
10
Ibid.
• __
If either of the contracting parties is unable to produce his In case the death certificate cannot be secured, the party
birth or baptismal certificate or a certified copy of either shall make an affidavit setting forth this circumstance and
because of the destruction or loss of the original or if it is his or her actual civil status and the name and date of
shown by an affidavit of such party or of any other person death of the deceased spouse. (61a)
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, such party may furnish in lieu
- In case either of the contracting parties has been previously
thereof his current residence certificate or an instrument married, the applicant shall be required to furnish, instead of
drawn up and sworn to before the local civil registrar the birth or baptismal certificate required in the last
concerned or any public official authorized to administer preceding article,
oaths. Such instrument shall contain the sworn declaration - the death certificate of the deceased spouse or the
of two witnesses of lawful age, setting forth the full name,
judicial decree of the absolute divorce,
residence and citizenship of such contracting party and of
his or her parents, if known, and the place and date of
- In case the death certificate cannot be
birth of such party. The nearest of kin of the contracting secured, the party shall make an affidavit
parties shall be preferred as witnesses, or, in their default, setting forth this circumstance and his or her
persons of good reputation in the province or the locality. actual civil status and the name and date
lawphi1.net of death of the deceased spouse.
- or the judicial decree of annulment or declaration
The presentation of birth or baptismal certificate shall not of nullity of his or her previous marriage.
be required if the parents of the contracting parties
- A foreign divorce judgement involving a Filipino must first
appear personally before the local civil registrar
concerned and swear to the correctness of the lawful age be judicially recognized before it can be produce any legal
of said parties, as stated in the application, or when the effect here. A judicial declaration is necessary to authorize
local civil registrar shall, by merely looking at the him to remarry. [On the side of the Filipino he/she needs to
applicants upon their personally appearing before him, be have it judicially recognize.]
convinced that either or both of them have the required
age.
RATIONALE: SHOW LEGAL CAPACITY TO ENTER INTO
RATIONALE: DETERMINATION OF LAWFUL AGE SUBSEQUENT MARRIAGE
TASK: Civil Registrar required to satisfy himself to the
correctness of the lawful age upon receipt of the application
* 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. The signature and official title of
the person issuing the certificate shall be sufficient proof of its
authenticity.
- If either of the contracting parties is unable to
produce his birth or baptismal certificate:
- 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.
- 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, as stated in the
application, or when the local civil registrar shall, by
merely looking at the applicants upon their
personally appearing before him, be convinced
that either or both of them have the required age.
---------------------------------------------------------
• __
--------------------------------------------------------- Stateless persons or refugees from other countries shall, in
lieu of the certificate of legal capacity herein required,
ANYWERE AND 120 DAYS submit an affidavit stating the circumstances showing such
capacity to contract marriage. (66a)
- The license shall be valid in any part of the Philippines
- for a period of one hundred twenty days from the date of ---------------------------------------------------------
issue, and shall be deemed automatically cancelled at the FOR CITIZENS OF A FOREIGN COUNTRY
expiration of the said period if the contracting parties have - ADDITIONAL REQUIREMENT: When either or both of the
not made use of it. contracting parties are citizens of a foreign country, it shall
- The expiry date shall be stamped in bold characters be necessary for them before a marriage license can be
on the face of every license issued. (65a) [me: THUS obtained, to submit a certificate of legal capacity to contract
IMPORTANT] marriage, issued by their respective diplomatic or consular
officials.
- This is another provision that belongs to that set of
EXPIRED LICENSE RESULT: VOID rules referred to as conflict rules
- a marriage solemnized using a marriage license - Legal capacity of a foreigner to contract marriage
whose effectivity has expired will be deemed a is determined by the rules of his country - his national
marriage celebrated without a marriage license law.
and will be void. - EXCEPTION REQUIREMENTS: When under his national
law, the foreigner may validly enter into a contract
of marriage even if, for example, he is only 17 years
old, our country will also consider him capacitated
to be married here.
---------------------------------------------------------
FOR STATELESS PERSONS / REFUGEES
- ADDITIONAL REQUIREMENT: Stateless persons or refugees
from other countries shall, in lieu of the certificate of legal
capacity herein required, submit an affidavit stating the
circumstances showing such capacity to contract marriage.
- They are foreigners that cannot get the exception
requirements from the country they came from
because the are fleeing from it.
RESULT:
- The absence of a certificate of
legal capacity is merely an
irregularity in complying with
the formal requirements for
procuring a marriage license
- An irregularity which will not
affect the validity of a marriage
celebrated on the basis of a
marriage issued without that
certificate.
irregularity = 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, criminally and
administratively liable. (n)
• __
MARRIAGE LICENSE MARRIAGE CERTIFICATE
BEFORE AFTER
marriage license serves a marriage certificate: is an
dual purpose of granting official statement that two
permission for a marriage to people are married
take place.
Art. 25. The local civil Art. 22. The marriage
registrar concerned shall certificate, in which the
enter all applications for parties shall declare that
marriage licenses filed with they take each other as
him in a registry book strictly husband and wife, shall
in the order in which the also state
same are received. He shall
record in said book the
names of the applicants,
the date on which the
marriage license was
issued, and such other data
as may be necessary. (n)
a marriage solemnized
using a marriage license
whose effectivity has
expired will be deemed a
marriage celebrated
without a marriage license
and will be void.
• __
CONTENTS OF MARRIAGE CERTIFICATE - REVISED RULES ON EVIDENCE RULE 131: (aa) That a
man and woman deporting themselves as husband
--------------------------------------------------------- and wife have entered into a lawful contract of
Art. 22. The marriage certificate, in which the parties shall marriage;
declare that they take each other as husband and wife, - Persons living together in apparent matrimony are
shall also state: presumed, absent any counter presumption or
evidence special to the case, to be, in fact,
married.
(1) The full name, sex and age of each contracting party;
---------------------------------------------------------
(2) Their citizenship, religion and habitual residence; OTHER EVIDENCE TO STRENGTHEN PRESUMPTION OF
MARRIAGE
(3) The date and precise time of the celebration of the
marriage; - Once presumption of marriage arises, other
evidence may be presented in support thereof.
(4) That the proper marriage license has been issued - Evidence need not necessarily or directly
according to law, except in marriage provided for in establish the marriage but must at least be
Chapter 2 of this Title; enough to strengthen the presumption of
marriage.
(5) That either or both of the contracting parties have - Testimony by one of the parties to the marriage, or
secured the parental consent in appropriate cases; by one of the witnesses to the marriage, has been
held to be admissible to prove the fact of marriage.
(6) That either or both of the contracting parties have - The person who officiated at the solemnization is
complied with the legal requirement regarding parental also competent to testify as an eyewitness to the
advice in appropriate cases; and fact of marriage.
- Open cohabitation as husband and wife after the
(7) That the parties have entered into marriage settlement, alleged wedlock
if any, attaching a copy thereof. (67a) - the birth and baptismal certificates of children born
during such union
---------------------------------------------------------
- and the mention of such nuptial in subsequent
MARRIAGE CERTIFICATE documents including in judicial decisions and family
bible
- An authentic copy of the marriage certificate is the best - Certificate of identity issued to the wife as mistress of
proof of the existence of marriage, under prevailing the husband,
jurisprudence. - The passport issued to her bearing the surname of
- The marriage contract is the primary evidence of marriage. the latter
RESULT: However, its non presentation - the declaration under oath of no less than the
husband that he was married to the wife
is not proof that a marriage did not - the titles to the properties in the name of “husband
married to wife” more than adequately support the
take place. Its absence is not always presumption of marriage
proof that no marriage in fact took
place.
---------------------------------------------------------
SITUATIONS FOR MARRIAGE IN FACT OR
PRESUMPTION OF MARRIAGE
OTHER COUNTRIES
Common-law marriage, also known as sui iuris marriage,
informal marriage, marriage by habit and repute, or
marriage in fact, is a legal framework in a limited number
of jurisdictions where a couple is legally considered
married, without that couple having formally registered
their relation as a civil or religious marriage.
PRESUMPTION
• Semper praesumitur pro matrimonio —
The presumption is always in favor of the validity of a
marriage
- Persons dwelling together apparently in marriage
are presumed to be in fact married.
• __
ab nitio. Art. 36. A marriage contracted by any party who, at the
time of the celebration, was psychologically
- REQUIREMENT: Civil registrar incapacitated to comply with the essential marital
issuing certification that such obligations of marriage, shall likewise be void even if such
incapacity becomes manifest only after its solemnization.
license could not be found (As amended by Executive Order 227)
despite diligent search. Art. 37. Marriages between the following are incestuous
- mere certification of not be ing and void from the beginning, whether relationship
between the parties be legitimate or illegitimate:
able to find it due to “loaded
(1) Between ascendants and descendants of any degree;
work” is not enough. and
(2) Between brothers and sisters, whether of the full or half
blood. (81a)
• __
TWIN ELEMENTS FOR THE ALLOWING OF DIVORCE IF MIXED
Art. 38. The following marriages shall be void from the MARRIAGES
beginning for reasons of public policy:
1. There is a valid marriage that has been celebrated
between a FIL and Foreigner
(1) Between collateral blood relatives whether legitimate 2. A valid divorce is obtained abroad by the alien spous
or illegitimate, up to the fourth civil degree;
capacitating him or her to remarry.
(2) Between step-parents and step-children; If under the divorce decree, the american is pronounced
free to marry again, when the Fil returns to the country he will
(3) Between parents-in-law and children-in-law; be allowed to marry again.
(4) Between the adopting parent and the adopted child; LIMITATIONS: It must NOT be initiated by the FOREIGN SPOUSE,
not the FIL spouse. In the instance of INTIATION of divorce is
(5) Between the surviving spouse of the adopting parent by the FILIPINO spouse, the foreigner will be allowed to
and the adopted child;
remarry but the FIL spouse won’t be allowed to remarry.
(6) Between the surviving spouse of the adopted child and
the adopter; SCENARIOS:
- A FIL naturalized as a citizen in another counrty, this law
(7) Between an adopted child and a legitimate child of applies to them at the time of naturalized state, he/she will
the adopter; be allowed to effectuate divorce proceeding allowed in
the naturalized country.
(8) Between adopted children of the same adopter; and - RECKONING point is not the citizenship of the
party at the time of marriage, but at the time of
(9) Between parties where one, with the intention to marry valid divorce.
the other, killed that other person's spouse, or his or her - NO SC ruling yet for: validity DIVORCE is secured by a FIL
own spouse. (82) spouse at the time of DIVORCE but eventually becomes
an American citizen, and thus as that citizenship entitles
--------------------------------------------------------- such will be allowed to remarry. What happens to the
FIRST PARAGRAPH: Rules on how PH will treat the remaining Fil SPOUSE.
status of a marriage celebrated abroad involving its
- A FIL spouse but naturalized into FOREIGN, who initiates
citizens.
divorce at that NATURALIZED state, will be allowed to
remarry even if such returns back to Filipino citizenship.
- Philippine law, following the principle of lex loci
celebrationis adheres to the rule that a marriage formally
valid where celebrated is valid everywhere.
- Valid there, valid here. Void there, void here. NOTE: LEGAL effects of such divorce are still subject to the
- Rule applies to: FIL TO FIL or FOREIGNER TO determination of our courts, e,g,:
FOREIGNER. - CUSTODY
- EXAMPLE: 2 FILs married in a foreign country with a law that - CARE AND SUPPORT OF CHILDREN
doesn’t require marriage licenses. Such marriage will be
considered valid here as well.
EXCEPTIONS:
- Underage marriage remains invalid even if done in a
foreign country that allows it.
---------------------------------------------------------
SECOND PARAGRAPH deals with a divorce involving
a FIL spouse and a foreigner validly granted by a
foreign country.
- Article 15. Laws relating to family rights and duties, or to
the status, condition and legal capacity of persons are
binding upon citizens of the Philippines, even though living
abroad. (9a)
- 2 FILS divorced abroad will not affect their legal
status here in the Phil. The laws are binding to their
status even abroad.
- A divorce by foreigners must still be consistent to their own
national law.