Midterm Coverage:
All these emphasize the nature of
Article 1-67 and cases
EO 209- law on marriage
Cory Aquino in exercise of legislative
powers
Civil Code provisions inconsistent
therewith are deemed repealed
Marriage- contract entered into by man
and woman, established for family life
Except: Property
By definition, both a contract and status.
Contract that creates status
Contracts create rights and imposes
obligations. But a special contract.
Contract where although there are only 2
persons named, there is a third invisible
one, the State. Contract is vested with
public interest. The nature,
consequences, and incidences are
governed by law and not the parties
themselves. Even if parties agree that
they do not treat each other as husband
and wife, any contract entered into by
the parties to that effect can never be
recognized by courts. Contract against
public policy. Marriage as a status. Even
if they agree that they do not support
each other, and enter into a contract to
that effect, may not be recognized. If one
asks for support, the other cannot
refused. Spouse is obliged to support the
other. Husband and wife are obliged to
live together, observe mutual respect
and fidelity, mutual help and support—
spring from the contract of being
married. Right to love and be loved, and
the duty to love. Duty and right to be
helped by the other. Cannot be subject to
stipulation. That is why divorce cannot
be allowed. Dissolution of marriage is
always in accordance with the laws in the
Ph.
marriage as governed by law. Except,
property relations i.e. pre-nuptial
agreement. Which properties will be
owned exclusively and common. How
the properties are to be managed—
jointly or solely by one.
Requisites of a valid marriage
2 Essential Requirements
Legal capacity
Consent freely given in the presence of a
solemnizing officer
3 Formal Requisites
Authority of the solemnizing officer
Valid marriage license
Valid marriage ceremony
Ordinary contract: consent, object, cause
or consideration
If a contract is founded in an immoral or
illegal cause or consideration, it is void. If
it is contrary to public policy.
If Erojo and Burgos enter into contract of
prostitution.
Under Article ___
Founded under illegal or criminal
consideration. Void
Do we apply it to contracts of marriage?
Absence of cause or consideration
Republic v. Albios
Motives do not matter. While love is the
ideal, it is not the only consideration that
drive people to enter into the marriage.
Some do it for money, status, and title.
People could be motivated to enter into
marriage even for evil intentions, but it
does not matter.
Dying to be Mrs. Burgos—allowed.
Motive is not to be considered into
determining the status of the marriage
whether it is valid or void.
Mail-order bride
Established website where you can enlist
women and customers can click your
profile and see compatibility. There is a
law that punishes it. Matching Filipinas
and foreigners- punishable by law.
What will be the status then? If entered
into by criminal arrangement.
If ordinary contract, void and a crime.
If marriage, it is valid. In light of Republic
v. Albios, even if based on a crime.
Take note that validity of marriage is
determined by the law in force at the
time of the solemnization of the
marriage. Validity is based on the
presence of requisites, based on the law
in force at the time of solemnization. If
invalid under law then existing,
enactment of new law will not validate
the marriage.
Step brother and step sister’s marriage
void under Civil Code but not anymore
under Family Code. Marriage remains to
be void despite change in the law.
Consistent with the rule that validity is
determined by laws at the time of
solemnization.
Reverse. Psychological incapacity only
under the Family Code. If marriage was
before FC, can they invoke as ground for
validity? No, because it was not a ground
available at the time of solemnization.
Article 256 provision of FC should be
given retroactive application except if it
impairs vested rights.
Going back to the same situation, there
can be no vested rights to speak of if the
marriage is void. No right exists. Nothing
will be impaired. (stepbrother situation)
2 views
Judged based on laws existing at the time
of solemnization
Retroactive application- often used by SC
even in cases wherein they will now be
charged with bigamy
Requisites
Legal Capacity of Contracting Parties
The law speaks of:
1. Gender
Our law requires that marriage be
between a man and a woman.
Always opposite.
How to determine?
Republic v Silverio
Once gender is determined at
birth by physical or visual
examination of one’s genitals,
determination continues forever.
Once determined, it becomes
unalterable. No matter how
science alters it, it remans the
same legally. Silverio underwent
surgery from man to women.
Sexual reassignment is not
recognized.
Cagandahan
Silverio finds no application if
individual concerned is so blessed
that God gave him both. Ruling is,
in cases of intersex, the
determination of gender is to be
made by himself alone when he is
 of age where he can exercise free
choice of determination.
Cagandahan himself can choose.
He is allowed to choose only one.
Michelle: What if intersex but had
physical transformation?
Atty: It does not matter. His sex is
determined by choice. No requirement
that the other is to be cut off.
2. Age
The law is 18 and above. Below 18,
lack of legal capacity, marriage is
void.
3. Absence of legal impediments
Article 5 may not be accurate.
Absence of legal impediments in
art 37 and 38—suggesting they
are the only legal impediments.
There are other LIs that should be
considered.
Article 35 par 3
Polygamous, bigamous marriage
Not specified in art 5
What is contemplated is
traditional bigamous marriage.
Subsequent marriage after
contracting a first marriage that is
not dissolved. First marriage is
valid.
Different from
Article 41
Both are void and criminal.
Contracted a first marriage but
first is void. Contracted second
marriage without obtaining
judicial declaration of nullity of
first marriage.
Both legal impediments.
Article 53
In relation to Article 50 and 52- situation
where a party contracts avoidable
marriage.
Article 45
Vitiated consent
Article 40
Subsequent marriage failed to comply
with declaration of nullity.
Article 50, 51, 52- void under Article 40
Declaration should not only contain
decision that marriage is void, but also a
decision on the liquidation of the
property of the spouses, distribution, etc.
Should be registered in appropriate Civil
Registry and in the proper of Registry of
Deeds.
They are capacitated to remarry now.
But if they do not comply with req, the
subsequent marriage is void.
Noncompliance incapacitates the parties
to enter into a valid subsequent
marriage.
In a sense, a legal impediment.
DO NOT BE MISLEAD BY ARTICLE 5.
Consent
Requires that parties willingly and
intelligently intend to be bound by the
contract. A valid consent should be on
free from being vitiated. There has to be
a genuine, authentic consent to be bound
by the marriage.
If vitiated, only voidable because it is
defective. Not a lack of consent.
Void because of absence of consent
Solemnized in jest
As a joke, not genuine intention to
establish martial relation
Ex. Characters in a movie
Article 35 Par 4: consent of one of the
parties was obtained through mistake of
identity of the other
Ex. Identical twins
Absence of consent on the part of one is
enough to nullify the marriage because
what is required is mutual consent.
FORMAL REQUISITES
Solemnizing officers
Incumbent members of the judiciary,
within their jurisdiction
If the solemnizing officer is a justice of
the appellate court, they may solemnize
anywhere because jurisdiction is
national.
If RTC, within their territorial
jurisdiction.
Priests, rabbi, ministers by any church
authorized, acting within scope of their
authority given to them, one of the parties
belong to such religious sect
First two applies to all kinds of marriage,
including articulo mortis.
Ship captain, chief pilot, military
commander of a unit
Only to articulo mortis or point of death.
Whether at sea or in flight or stopovers
Whether between crew or passengers
Military commander must be
commissioned officer. If chaplain is
assigned in a unit, commander can
solemnize in the absence of the
chaplain.
Ex. With NPA Rebel- no legal impediment
Mayors
No qualification. Regular and articulo
mortis. Not limited within territorial
jurisdiction unlike members of judiciary.
No restriction as well. May solemnize
anywhere. Marriage between anybody.
Consul, Consul- General, Vice Consul
Marriages abroad ONLY between
Filipinos at the office of the consular
official. Not between fil and alien.
Regular or articulo mortis
Question: if mayor is temporarily
incapacitated?
Answer: whoever is acting in capacity,
because it is attached to the position and
no the person. Also applies in ships and
planes. The ones next in command.
Absence of solemnizing officer’s
authority, VOID for absence of one of the
formal requisites.
Except: if parties believed in good faith
that officer had the authority. Even if
only one of them believes. Marriage
remains VALID. But, only if it is a matter
of fact. If ignorance of law, VOID.
Ex. Erojo and Burgos asked Digong
because they thought he can since
mayors can. Good faith may not be
invoked. If both of them did not know
Osmena’s look, they believed Tomas is
Digong, mistake of fact. Marriage is valid.
MARRIAGE LICENSE
Absence renders marriage void.
Exceptions to requirement:
a. Marriage in articulo mortis
What is required instead is an
affidavit from solemnizing officer
that marriage was solemnized
 and a statement under oath that
he ascertained the qualifications
of the parties and found no legal
impediments.
b. One or both is a resident of far-
flung areas without
transportation
Provision is heavily criticized
because it is not founded in
reality. Given the advancements
in science and tech, no place
without transportation. Also,
unfairly one-sided. Only interests
of parties but not that of
solemnizing officer.
c. Muslims or members of ethnic
communities
So long as solemnized according
to traditions
d. Ratification of marital cohabition
Living together for at least 5 years
without legal impediment.
Affidavit is required. Also,
affidavit from solemnizing officer
that he/she found no legal
impediment.
Take note: to validly substitute,
should be a truthful affidavit. If
found to be untrue, it will be
deemed falsified and marriage
will be deemed void for absence
of ML. Falsification amounts to no
affidavit and no ML.
Most critical question: is it
required that they have to be free
from impediments for the entire 5
years
Ninal v. Badayo
It is required that they must be
living together as husband and
wife for at least 5 years without
legal impediment to marry, and
living exclusively. Absence if LI
must be for the entire period.
They were cohabiting while first
wife was still alive, so there was
legal impediment. VOID.
Manzano vs. Sanchez
One of the requisites is that
absence of LI must exist at the
time of the solemnization. Not
required that there is no LI for the
whole period.
OCA v. Judge Necesario
Some parties executed affidavits
of cohabition when they were 21
or 22. Counting it back, they
started cohabiting when they
were still minors. This is an illegal
conduct of the judge.
5-year period must be
characterized by exclusivity,
meaning absence of legal
impediments.
Finding of admin liability does not
amount to invalidating marriage
but may be basis for other cases.
Rep v. Dayot
Without ML, falsified Affidavit of
Cohabition. W/N the parties who
were the ones guilty of
falsification can ask the court for
nullification. Not allowed to profit
from their own wrong. Cannot get
out of their marriage using the
same crime. Principle of estoppel
precludes them from benefitting
from his or her wrong. One guilty
 must be punished and not
rewarded. SC: estoppel does not
apply, applies only in the absence
of law. Marriage is still void despite
falsification. Just because party is
responsible, does not mean
marriage cannot be void.
There is a rule that only spouse
can file petition for declaration of
nullity of marriage.
Marriage Ceremony
Article 10
No specific form of religious rites or
solemnization rites.
Minimum requirement: parties should
personally appear before officer and
personally declare that they take
themselves as husband and wife.
Marriage certificate is not required.
Absence of marriage contract does not
nullify the marriage because it is not the
only form required. Declaration could be
done in various forms, including orally.
Marriage is still valid. If directly signing,
still valid.
If no marriage contract and both parties
are mute, nodding is enough personal
declaration. Still compliant with the
requirement. No specific requirement as
to how declaration is to be made.
Venue
Not a requisite.
Rule on venue depends on solemnizing
officer. Not just anywhere.
If judge, chamber or open court
If religious officer, church, chapel or
temple.
If consul, in their office.
If mayor, office.
Exceptions
Articulo Mortis, without regards to place
and time. No venue.
Far-flung area, may be solemnized over
the mountain.
If parties make request in writing under
oath if they want to solemnize it under
oath that they prefer to have it in some
other place.
Violation on venue does not affect
validity, only irregularity.
Michelle: Request judge
Answer: May be outside chamber but
within jurisdiction.
If outside jurisdiction, absent authority?
Navarro case
Solemnized in his house outside
jurisdiction. SC said irregularity in
formal requisites. Judge is liable but
marriage is valid.
Beso v. Daguman
House, outside jurisdiction. SC said only
irregularity, judge is liable but marriage
is valid.
Dom: If articulo mortis?
Answer: Essence of articulo mortis is
anywhere.
Absence of essential and formal: void.
Defect in essential: voidable
irregularity in formal: valid but there is
liability.
VOID FOR LACK OF REQUISITES Failure to comply with requirement on
family planning (cert of compliance)
Article 35
Solemnized by religious sect but none is
Under 18
a member
Marriage without SO
Procedure of application of ML
Marriage without ML
Under oath, cannot falsify, otherwise you
ML- 120 days, may be used anywhere in may be charged with perjury
the Philippines
Purpose is for CR to ascertained if you
Solemnized before the marriage license are qualified.
Subsequent issuance will not validate
Must be accompanied by documents
the marriage

Bigamous, polygamous 1. Birth cert, baptismal, or certified

Mistaken in identity
Expired marriage license
Article 53
Presence of legal impediment
DEFECTIVE ESSENTIAL REQUISITES
Voidable
Absence of parental consent
Insanity
Vitiated consent
IRREGULARITY IN THE
REQUISITES
Outside jurisdiction of judge
ML without complying with 10-day
publication requirement
ML issued by civil registrar in a place
where none is a resident
true copy
Except:
If parents appear before CR and
confirm that they are of age.
If CR, by looking at them, is
convinced that they are of age.
2. If 18-21
Parental consent
3. If 18-25
Parental advice
4. Marriage counseling
5. Family Planning
6. If previously married and
dissolved, death certificate or
copy of order of court dissolving
FORMAL the first marriage
7. If foreigner, cert of legal capacity
issued by his consular office to
certify that he is capacitated
under his national law
8. If stateless, only affidavit stating
circumstances establishing his
legal capacity.

Marriage solemnized without presence How when he is no citizen to any

of witnesses (can be dispensed with) country?
Failure to submit parental advice Apply principles of PIL.
Impossible for someone to have
Failure to submit cert of marriage no domicile. May be permanent or
counseling temporary.
 Legally capacitated under his Van Dorn v. Romillo
temporary domicile, the
Requested that he be allowed to manage
Philippines. Must be stated in
properties that are conjugal. Argued that
affidavit.
divorce decree is not recognized in the
Philippines.
ARTICLE 26
W/n divorce decree is to be recognized
Conflict of Laws on Marriage in the PH.
Lex Loci Celebrationis Prohibition on divorce is not applicable
to aliens, only to the Filipina spouse.
If marriage is recognized abroad and
Alien spouse is bound by divorce and is
valid, recognized in PH.
no longer the husband.
Exceptions:
Is Filipina spouse capacitated to remarry?
Article 35 Par 1, 4, 6
Not addressed in that decision but the
Article 36 problem persisted.

Article 37 Injustice and unfairness because alien

spouse can remarry while Filipina
Article 38
cannot.
Question: if PH between Fil and alien,
Article 26 applies only:
solemnized in PH.
a. Marriage between alien and
Legal capacity: national law
Filipino
If solemnized in another country, may be
void because exception in Article 26. BEFORE: Does not apply when
(awkward situation) one of the parties acquired
citizenship abroad
Polygamous or Bigamous
Even if valid abroad, void in the Republic v. Orbecido
Philippines because of Art 35 par 4 Reckoning point of the
requirement is the time when the
Question: if marriage solemnized abroad divorce decree was obtained.
is same-sex?
Answer: Not under article 26 but it is not b. BEFORE: Obtained (filed or
the only law. Article 17 par 3. Or initiated) by the alien spouse BUT
jurisprudence: our public policy prevails
Republic vs. Manalo
Second Paragraph: most important part SC said even if divorce decree is
Added in the last minute. Not part of the initiated by Filipino, if valid under
original text. Only inserted. the national law of the alien
spouse, Filipino can remarry.
When a marriage between alien and Fil,
and divorce decree is obtained by alien
spouse and valid there, such decree shall
also capacitate alien spouse to remarry
 National law of the alien spouse. It - Copy of national law or
is to be tested by the national law certified true copy
of the alien spouse. - Substantive or the
procedural?
Bayot v. Bayot - Validity is determined by
compliance of both
If the divorce decree is valid
c. Divorce capacitates alien spouse
pursuant to the national law of
to remarry
the alien spouse, it capacitates other
- There is absolute or relative
spouse to remarry, even if
divorce
obtained in a foreign country.
What happens if it is alien spouse who
There is already a divorce decree. How
wishes to remarry in the Philippines?
do they proceed if they wish to remarry
in the Philippines? Article 26 Par 2 applies only to
Filipino spouse, cannot be invoked by
Not an automatic right.
alien spouse
Filipino spouse needs to go through
Corpuz v. Sto Tomas
another round of judicial process.
Foreign judgement has to be recognized W/N Corpuz has the right to have foreign
by our courts. divorce recognized. SC said Article 26
Par 2 CANNOT be invoked. Statutory
Judicial process for the recognition of
basis of foreigner is petition for
foreign judgment (divorce)
recognition of foreign judgment.
Republic v. Orbecido
Because of rampant bigamy in the
Petition for declaratory relief Philippines, PSA requires that individual
secures CENOMAR.
3 requisites to prove:
Local civil registrar and PSA cannot
a. Authenticity of Divorce Decree
correct any record without a court order.
- Genuineness and authenticity
- If kept abroad, may be Court order is now required for a foreign
through official publication or document to be recognized in the
certified true copy of Philippines.
document attested by legal
Another procedure required to change
custodian.
record of local civil registrar. There is a
- Document shall be certified by
specific rule, Rule 108 or Rules of Court.
consular office stationed in
the consul stationed in the 2 petitions:
country, called
 Recognition of foreign divorce
consularization. (Red ribbon)
b. National law of the alien spouse  Petition for correction
- Prove divorce decree is valid Rule 108- 2 reliefs in one petition
under national law of the alien
spouse
- Rule 132 Sec 22, 25