MARRIAGE AND DIVORCE

A. MARRIAGE AS CONTRACT

Essential Requisite
1. Legal capacity of the contracting parties who must be male and female.
2. Consent, freely given in the presence of solemnizing officer.
ABSENCE= void ab initio

Formal Requisite: ABSENCE=

1. Authority of the solemnizing officer
2. Valid marriage license except in cases as provided in Chapter 2 of Title I; and
3. A marriage ceremony which take place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they take each other
as husband and wife in the presence of not less than two witnesses of legal age.
ABSENCE= void ab initio
IRREGULARITY = not affected: civil, criminally and administratively liable.

HUSBAND WIFE REQUIREMENTS FOR FOREIGNER

ALIEN NOT Certificate of legal capacity to contract marriage;
NOT ALIEN Issued by diplomatic or consular official of his country
ALIEN ALIEN (located in the Philippines
STATELESS OR REFUGEES Affidavit of having capacity to marriage

WE follow LEX LOXI CELEBRIONES

PROXY marriage not allowed.

Marriage on board a vessel on the HIGH SEAS. Domicile of shipowner will govern.

MUSLIM HUSBAND = Valid up to 4 marriages. Provided its law allow plural marriages.

Rules on Filipinos and foreigner marriage ABROAD.

1. If valid in foreign law, then valid.
2. If both Filipinos (instead) then void.
3. If universally incestuous or highly immoral then void.

Rules on Filipinos and foreigner marriage PHILIPPINES.

1. National law of the Filipino should follow.
 B. MARRIAGE AS STATUS

Two aspect implications

1. Rights and obligations ordinarily are purely PERSONAL and not interfered with courts.
2. Property relations, laws lay down rules and judicial sanctions.

In Philippines = Personal relations follow nationality theory

Other countries = Personal relations follow domiciliary theory.

As a GENERAL RULE: Husband national law will prevail

In PHILIPPINES Alien woman + Filipino husband = Alien woman ipso facto becomes Filipino
citizen provided with no disqualification for naturalization. Exception, does not ipso facto and
not an excuse for failure to leave in the Philippine from the expiration of her extended stay here
in the Philippines.

Alien husband + Filipino woman = Filipino woman retain her Philippine citizenship unless she
renounces it.

Article 80 of FC = National law of Filipino wife should apply.

PERSONAL RELATIONS

1. Spouses with SAME nationality and acquire new nationality, their NEW national law will
PREVAIL.
2. IF after marriage, husband change his nationality then law of LAST COMMON
nationality will PREVAIL.
3. IF after marriage, RETAIN THEIR DIFFERENT NATIONALITIES, law of husband will prevail.
Except: (a) contrary to public policy of the forum; (b) national law of wife to be the law
of forum.

DOCTRINE OF IMMUTABILITY OF MATRIMONIAL REGIME

- Regardless of change of nationality, the original property regime at the start of
marriage shall prevail.
ANNULMENT AND DECLARATION OF NULLITY OF MARRIAGE

If voidable = Annulment
Void ab initio = Declaration of Nullity of marriage

ANNULMENT DECLARATION OF NULITY

Convalidated by free cohabitation or No convalidated
Prescription
Same property regime Co-ownership
Legitimate children if before decree of Illegitimate, except void marriage
annulment
No collateral attack May attack directly or collaterally
After death, can no longer impugned Can still even after death.

We follow LEX LOCI CELEBRIONES or the law of the place where the marriage was celebrated.

Philippine court jurisdiction = litigants are Filipinos.

ABSOLUTE DIVORCE

Foreign Divorces obtained by foreigners abroad.

1. Hague of convention: Foreign divorce will be recognize provided
 Parties had habitual residence where the divorce was obtained.
 Both spouses are national of said state.
 Though petitioner national of another country, must had residence where the
divorce was obtained.
2. United states: Spouses are domiciled in sister state.
3. In the Philippines: Spouses are alien, we recognize provided valid under their national
law.

LEGAL SEPARATION OR RELATIVE DIVORCE

LEGAL SEPARATION v. ABSOLUTE DIVORCE
Only separate from bed and board, remain married. = Legal Separation
Marriage is dissolved and can marry again. =Absolute divorce
 LEGAL SEPARATION v. ANNULMENT
Legal Separation Annulment
Marriage is NOT DEFECTIVE. Marriage is DEFECTIVE
Grounds arises after marriage Grounds must exist BEFORE or AT THE
TIME of marriage.
Still married and cannot remarry Marriage is set aside and can remarry

CONFLICT ON LEGAL SEPARATION

1. SAME NATIONALITY = Grounds based on personal law (National or Domicile)
2. DIFFERENT NATIONALITIES = Personal law of the husband and wife.

COURT JURISDICTION

1. If aliens = Forum not assumed. Unless its national law willing to recognize.
2. In the Philippines = Court has jurisdiction both parties
3. Jurisdiction based on domicile
4.