*Article 15: Laws relating to family rights and duties, or to the c.
c. A marriage ceremony which takes place with the appearance
status, condition and legal capacity of persons are binding upon
citizens of the Philippines even though living abroad.
- Only relative divorce and legal separation as a general rule is
recognized in the Philippines.
- It is well-settled that absolute divorce is contrary to public policy.
*Abuse of rights is actionable in relation to Article 19.
*Article 21: any person who wilfully causes loss or injury to
another in a manner that is contrary to morals, good custom or
public policy shall compensate the latter to the damage.
*Fetus is considered born if alive at the time of its complete delivery
in the maternal womb. BUT if it had intra uterine life of 7mos. it
shall not be deemed born if it dies within 24 hours from maternal
womb.
No Marriage shall be valid unless these essential requites are
present:
a. Legal capacity of the contracting parties who must be a male
and a female
b. Consent freely given in the presence of the solemnizing
officer
The Formal requisites of Marriage:
a. Authority of the solemnizing officer
b. A Valid marriage license except on those marriages of
exceptional character
of the contracting parties before the solemnizing officer with
their personal declaration that they take each other as
husband and wife in the presence of not less than two
witnesses of legal age.
In the absence of the any essential and formal requisites?
- Shall render the marriage void ab initio
Defect of the essential requisites?
- Shall render the marriage voidable
Irregularity of the formal requisites?
- Shall not affect the validity of marriage but the party or
parties shall be responsible civilly, criminally or
administratively liable.
- The good faith of the parties cures the defect in the lack of
authority of the solemnizing officer.
*Proxy Marriages is deemed not valid in the Philippines for non-
compliance of the formal requisites of marriage.
*Article 26: All marriages solemnized outside the Philippines, in
accordance with the laws of the country where they were
solemnized and valid therein as such, is likewise valid in the
Philippines.
Where a marriage is between a Filipino citizen and a foreigner is
validly celebrated and a divorce thereafter is validly obtained abroad
by the alien spouse capacitating him or her to remarry shall likewise
apply to the Filipino spouse.
*In contracting a marriage parental consent is necessary until the *Either of the spouse can remarry after complying the provisions
age of 21. The basis of this is generally to honor the never ending provided by law:
obligation of the parents.
a. Liquidation, Partition and Distribution of the properties of
*No need of marriage license if a man and a woman has been living the spouses.
together as husband and wife at least 5 years. But the act of living
b. Delivery of the children’s presumptive legitimes.
together must be characterized by exclusivity and continuity and no
legal impediment there as such. Absolute divorce, dissolution of marriage leaving the parties free to
contract a new marriage.
*Void marriages must be declared void
Relative divorce, there is separation of the spouses from bed and
*Psychological Incapacity, refers to no less than mental incapacity
board for a cause authorized by law BUT the marriage still subsist
that causes a party to be truly in cognitive of the basic marital
and they are not allowed to remarry.
obligation. Incapacitated or inability to perform marital obligation.
Legal Separation, refers to the suspension of the common life of
*The mere showing of irreconcilable differences and conflicting
the husband and wife covering their persons and property.
personalities does not constitute psychological incapacity.
- It shall be filed within 5 years from the time of the occurrence of
*Under the Family Code, marriage between the stepbrother and
the cause.
stepsister is VALID.
*In case of doubt, the court shall uphold the validity and sanctity of
But under the NCC, it is VOID.
marriage.
*If a person is convicted of killing his or her own spouse then he or
*Personal obligations of the spouses to each other:
she is absolutely disqualified from getting married.
a. to live together
*Marriage may be annulled on the ground of physical incapacity or
impotency of another provided that at the time of marriage such b. to observe mutual love, respect and fidelity.
physical incapacity is UNKNOWN to the other party.
c. to render mutual help and support
*Property relation of husband and wife cannot be modified during
*(prostitute, “not a virigin”No misrepresentation or deceit as to the the marriage. It can only be done in the marriage settlement entered
character, health, rank fortune or chastity shall constitute such fraud into by the future spouse prior to their marriage.
as will give grounds for annulment of marriage.