ARTICLE 22 & ARTICLE 23 discretion of the court (Section 41 of
Marriage Certificate
 The Marriage Certificate (or Marriage
Contract) is the best documentary
evidence of marriage; but it is not
regarded as the sole and exclusive
evidence of marriage
 Hence, the absence thereof is not proof
that no marriage took place.
 A mere photostat copy of a marriage
certificate is a worthless piece of paper
(Vda. De Chua v. Court of Appeals,
G.R. No. 116835, March 5, 1998) but if
such photostat copy emanated from the
Office of the Local Civil Registrar and
duly certified by the local civil registrar
as an authentic copy of the records in
his office, such certified photostat copy
is admissible as evidence.
 It has been declared that a certifi cate of
marriage made many years after the
marriage is inadmissible, especially
where there was no register of the
marriage in the official records (Gaines
v. Relf, 13 US [L. Ed.] 1071).
Distribution of Copies:
 The Marriage certificate shall be
accomplished by the person
solemnizing the marriage in
quadruplicate copies and each copy
distributed as follows:
a.) orginial copy given to either of the
contracting parties
b.) the duplicate and triplicate copy
shall be sent to the local civil regustrar of
the place where the marriage was
solemnized
c.) the quadruplicate copy shall be
retained by solemnizing officer, together
with the original of the marriage license..
 Relevantly, any officer, priest, or
minister failing to deliver to either of
the contracting parties one of the copies
of the marriage contract or to forward
the other copy to the authorities within
the period fixed by law for said
purpose, shall be punished by
imprisonment for not more than one
month or by a fi ne of not more than
three hundred pesos, or both, in the
the Marriage Law of 1929).
Effect of Non-recording:
 The mere fact that no record of the
marriage exists in the registry of
marriage does not invalidate said
marriage, as long as in the celebration
thereof, all requisites for its validity are
present.
Contents of Marriage Certificate: See Codal
Article 22 Family Code Nos. 1-7
Presumption of Marriage
 SEMPER PRESUMITUR PRO
MATRIMONIO (Always presume
marriage)
 A man and a woman deporting
themselves as husband and wife have
entered into a lawful contract of
marriage.
 But this presumption may be
contradicted and overcome by evidence.
 The law and public policy favor
matrimony and leans toward legalizing
it as it is the basis of a civilized society.
PROOF TO ATTACK VALIDITY OF
MARRIAGE.
 Anyone assailing the validity of a
marriage is required to make plain,
against the constant pressure of the
presumption of legality, the truth of law
and fact that the marriage was not legal.
The evidence to repel that presumption
must be strong, distinct and satisfactory
(Murchison v. Green, 128 Ga. 339, 11
LRA [NS] 702).
 An official certification issued by the
Offi ce of the Local Civil Registrar of a
municipality, where a particular
marriage license has been issued as
indicated in the marriage contract,
stating that, after earnest effort to locate
and verify the existence of the particular
marriage license, the said offi ce has no
record of the marriage license, or is
issued to another couple, or is spurious
and fabricated, is a convincing evidence
to destroy the validity of marriage on
 the ground of absence of a valid
marriage license (Republic of the
Philippines v. Court of Appeals and
Castro, 55 SCAD 157, 236 SCRA 257).
Declaratory Relief
 In the event that the parties are not
certain whether, under the law, they can
proceed with a marriage, they can file a
petition for declaratory relief, to seek
from the court a judgment on their
capacity to marry.
 A petition for declaratory relief may be
brought by any person interested under
a deed, will, contract, or other written
instrument, or whose rights are affected
by a statute, executive order, regulation,
ordinance, or other governmental
regulation for the purpose of
determining any question of
construction or validity arising
therefrom, and for a declaration of his
or her rights or duties thereunder,
provided that the action is brought
before any violation or breach.
ARTICLE 24 & ARTICLE 25
Local Civil Registrar
 the specific government official charged
with the preparation and keeping of all
official documents in connection with
marriage.
 any certification issued by him or her in
connection with any matter involving
the marriage of any particular
individual within his or her jurisdiction
is given high probative value.
 Thus, it has been held that a certifi
cation of the local civil registrar that
there was no record in his office of any
marriage license of the alleged spouses
is enough to prove that the marriage is
void due to absence of a formal
requisite.
MARRIAGE REGISTER.
 The office of the local civil registrar
keeps a marriage register of all persons
married in its locality. In the marriage
register, there shall be entered:
a.) the full name and
address of each of the contracting parties,
b.) their ages, the place and date of the
solemnization of the marriage,
c.) the names and addresses of the
witnesses, d.) the full name, address and
relationship with the
contracting party or parties of the person or
persons who gave their consent to the
marriage, and
e.) the full name, title, and address of the
person who solemnized the marriage
ARTICLE 26
Validity of Marriages Celebrated Abroad
 In determining validity of marriages
involving citizens of Philippines, the
first consideration is the place of its
celebration in line with lex loci
celebrationis.
 Marriages celebrated outside the
Philippines shall be valid if it is in
accordance to the law of the country
where it is solemnized but it does not
apply to the marriages prohibited under
Articles 35(1), (4), (5) and (6), 36, 37
and 38 of the code
 The following are marriages void ab
initio even if valid in the place where it
was celebrated:
1. If both parties are Filipinos and
either or both of them is below 18
2. If one of the parties to a
marriage is a citizen of the Phil. And he or
she is below 18
3. If the marriage is bigamous or
polygamous
4. If the marriage is contracted
through mistake of one party as to the
identity of the other
5. If one of the parties in a
subsequent marriage is a party to a prior
marriage which has been annulled or
judicially declared void but fails to comply
with the requirement of Article 52 of the
code
6. If one of the parties to a
marriage, at the time of the celebration, was
psychologically incapacitated to comply
with the essential marital obligations of
marriage
 7. If the marriage is incestuous
8. If the marriage is void by
reason of public policy
 The following marriages between
Filipinos celebrated abroad are
considered valid in the Philippines, if
valid in the place where it was
celebrated:
1. Marriage celebrated without
marriage license if such is not a requirement
in the place where the marriage was
celebrated. (However if celebrated before
the consular officials pursuant to Article 10
of Family Code, the requirement of valid
marriage license cannot be with and absence
of which shall render marriage void)
2. A marriage celebrated by a
person not included in the enumeration in
Article 7 of the Family Code and under the
provisions of the Local Governmenr Code
of 1991 if, under the laws of the place where
marriage is celebrated, he has the authority
to solemnize marriages.
3. A proxy marriage
Validity of Divorce in the Philippines:
Historical Background of Divorce in the
Philippines
 Spanish Occupation
 Las Siete Partidas- Relative
Divorce
 American Occupation
 Act No. 2710- Absolute
Divorce on grounds of adultery
 Japanese Occupation
 E.O. 141- Repealed Act 2710,
permitted Absolute Divorce on
eleven liberal grounds
 Period of Liberation
 Under Gen. Mcarthur- revert
back to Act 2710
 Draft of Civil Code
 Relative Divoce--> Legal
Separation
 Existing Laws
 Article 26 of Family Code-
Divorce to benefit Filipino
spouse to remarry.
Rules With Respect To Absolute Divorces
 Family Code recognizes only two types
of defective marriages: void and
voidable marriages in which the basis
for the judicial declaration of absolute
nullity or annulment of the marriage
exists before or at the time of the
marriage.
 Divorce contemplates the dissolution of
the lawful union or a cause arising after
the marriage.
Types of Divorce:
1. Absolute divorce (a vinculo matrimonii)-
terminates the marriage
2. Limited divorce (a mensa et thoro)-
suspends marriage and leaves the bond in
force
Three legal premises that needs to be
underscored:
I. A divorce obtained abroad by an alien
married to a Philippine national may be
recognized in the Philippines, provided
the decree of divorce is valid according
to the national law of the foreigner
II. The reckoning point is not the
citizenship of the divorcinng parties at
birth or at the time of the marriage, but
their citizenship at the time a valid
divorce is obtained abroad.
III. An absolute divorce secured by a
Filipino married to another Filipino is
contrary to our concept of public policy
and morality and shall not be
recognized in this juridsiction.
Rule As To Absolute Divorces Between
Filipinos
 Philippine Law does not provide for
absolute divorce
 A marriage between two Filipinos
cannot be dissolved even by a divorce
obtained abroad, because Articles 15
and 17 of the Civil Code.
 The non-recognition of absolute divorce
in the Philippines is a manifestation of
the respect for the sanctity of the
marital union especially among Filipino
citizens.
Rule As To Divorces Obtained By An Alien
 Divorce obtained abroad by an alien
may be recognized in our jurisdiction,
provided such decree is valid according
to the national law of the foreigner.
Reckoning Point
 As settled in Jurisrudence, the
reckoning point is not the citizenship of
the divorcing parties at birth or at the
time of marriage, but their citizenship at
the time a valid divorce is obtained
abroad.
Divorce Must Be Proven As Fact
 A divorce obtained by an alien may be
recognized provided such decree is
valid according to the national law of
the foreigner.
 Such decree and the governing personal
law of the alien spouse who obtained
the divorce must be proven for
Philippine courts do not take judicial
notice of foreign laws and judgments.
 In Garcia v. Recio, the court laid down
specific guidelines for pleading and
proving foreign law and divorce
judgments:
A writing or document may be
proven as a public or official record
of a foreign country by either:
1) An official publication
2) A copy thereof attested by the
officer having legal custody of
the document
If copy is not kept in the Phil,
such copy must be:
a) Accompanied by a who at the time of the celebration of the
certificate issued by the
proper diplomatic or
consular officer in the
Philippine foreign service
stationed in the foreign
country in which the
record is kept
b) Authenticated by the seal
of his office.
 In the case of Copuz v. Sto. Tomas: the
Court ruled that the registration of a
foreign divorce decree in the civil
registry without the requisite judicial
recognition is patently void and cannot
produce any legal effect.
 The law should be read in relation with
the requirement of a judicial recognition
of the foreign judgment before it can be
given effect.
The second paragraph of Article 26 of the
Family Code provides the direct
exception to the rule laid down in Article
17 of the Civil Code that the policy
against absolute divorces cannot be
subverted by judgments promulgated in a
foreign country.
 This serves as basis for
recognizing the dissolution of the marriage
between the Filipino spouse and his or her
alien spouse.
 The provision will NOT apply
if it is the Filipino spouse who obtains the
decree of divorce; it is Article 15 in relation
to Article 17 of the Civil Code and not
Article 26 of the Family Code that will
apply or govern in this situation.
Question: Given a valid marriage between
two Filipino citizens, where one party is
later naturalized as a foreign citizen and
obtains a valid divorce decree capacitating
him or her to remarry, can the Filipino
spouse likewise remarry under Philippine
Law? In this situation, may the second
paragraph of Article 26 be applicable?
 YES
 In the case of Repbulic v.
Orbecido, Article 26(2) should be
interpreted to include cases inolving parties
marriage were Filipino citizens, but later on,
one of them becomes naturalized as a
foreign citizen and obtains a divorce decree.
 In such a case, the Filipino
should likewise be allowed to remarry as if
the other party were a foreigner at the time
of the solemnization of the marriage
 The reckoning point is not the
citizenship of the parties at the time of the
celebration of the marriage, but their
citizenship at the time a valid divorce is
obtained abroad by the alien spouse
capacitating the latter to remarry.
Twin elements for the application of
Paragraph 2 of Article 26:
1. There is a valid marriage that has been
celebrated between a Filipino citizen
and a foreigner
2. A valid divorce is obtained abroad by
the alien spouse capacitating him or her
to remarry.
Only the Filipino spouse can invoke the
second paragraph of Article 26 of the
Family Code while the alien spouse can
claim no right under said provision.
 No court in this jurisdiction can
make a similar declaration for the
alien spouse whose status and legal
capacity are generally governed by
his national law.
If the decree of divorce obtained by the
foreign spouse is valid pursuant to his
national law and the same capacitates the
foreigner to remarry, the Filipino spouse,
by operation of law and without need of a
judicial recognition of the foreign decree
of divorce obtained by the foreign spouse,
automatically regains his or her capacity
to remarry.
 The purpose of filing a
declaratory relief is intended merely to
calrify the status of the Filipino spouse to
avoid a possible prosecution for bigamy.
Principle Applied to Foreign Judgment
Involving Bigamy
 In the recognition of foreign
judgments, Philippine courts are
incompetent to substitute their judgment on
how a case was decided under foreign law
 Philippinec courts are limited
to the question of whether to extend the
effect of a foreign judgment in the
Philippines.
 Philippine courts only decide
whether to extend its effect to the Filipino
party under the rule of lex nationalii
Philippine courts will only
determine:
i. Whether the foreign judgment
is inconsistent with an
overriding public policy in the
Philippines
ii. Whether any alleging party is
able to prove an extrinsic
ground to repel the foreign
judgment i.e. want of
jurisdiction, want of notice to
the party, collusion, fraud, or
clear mistake of law or fact.
 If there is niether inconsistency with
public policy nor adequate proof to
repel the judgment, Philippine courts
should by default recognize the
judgment as part of comity of nations.
 Upon recognition of the foreign
judgment, this right becomes conclusive
and the judgment nullifying a bigamous
marriage is a subsequent event that
establishes a new right, status and fact
that needs to be reflected in the civil
registry.
Retroactive Application of Rule Under
Article 26, Paragraph 2
NOTE: Family Code took effect on
August 3, 1988
 In the case of San Luis v. San Luis, it is
stated that paragraph 2 of Article 26
need not be retroactively applied
because there is a sufficient
jurisprudential basis (Van Dorn v.
Romillo Jr.)
CHAPTER 2
Marriages Exempt from the
License Requirement
ARTICLES 27, 28, 29 & 30
Marriages Exempt From the License
Requirement:
1. In cases where either or both of the
contracting parties are at the point of
death
2. If the residence of either party is so
located that there is no means of
transportation to enable such party to
appear personally before the local civil
registrar
3. Marriages among Muslims or among
members of ethnic cultural
communities provided the same are
 solemnized according to their customs,
rites or practices
4. Marriages of a man and woman who
have lives together as husband and wife
for at least five years and without any
legal impediment to marry each other.
SOLEMNIZING OFFICERS UNDER
ARTICLE 7 AND THE
MAYOR.
 It must be observed that, on the basis of
Article 27, all those who are authorized
to solemnize a marriage enumerated in
Article 7 and the mayor are empowered
to act as the solemnizer of a marriage
even without a valid marriage license if
either or both of the contracting parties
are at the point of death. The marriage
will remain valid even if the ailing party
subsequently survives. The judge must,
however, solemnize the marriage within
his jurisdiction and the imam, priest or
rabbi or any minister of a particular sect
or religious group must comply with the
requisites provided in Article 7(2). The
consul or consul general abroad can
only do so if the parties are both
Filipinos as provided for in Article 7(5)
in relation to Article 10.
Marriages in Articulo Mortis
 In cases where either or both of the
contracting parties are at the point of
death, the marriage may be solemnized
without the necessity of a marriage
lisence and such marriage shall remain
valid even if the ailing party survives.
 Soleminizing officer should execute an
affidavit stating that the marriage was
performed in articulo mortis and that he
took the necessary steps to ascertain the
ages and relationship of the contracting
parties and the absence of legal
impediment to the marriage.
 NOTE: the absence of affidavit will not
affect the validity of the marriage.
Marriages in Remote Places:
 If there are no means of transportation
to personally appear before local civil
registrar
 Affidavit is required by solemnizing
officer
ARTICLE 31 & ARTICLE 32
Authority of Ship Captain or Airplane Chief
to Solemnize Marriages
Requisites:
1. the marriage must be in articulo mortis
2. The marriage must be between passengers
or crew members
 Such authority may be exercised not
only while the ship is at sea ot the plane
is in flight but also during stopovers at
ports of call.
 “Airplane Chief “->head of the crew,
in the same authority granted only to
the ship captain.
Authority of Military Commander to
Solemnize Marriages:
1. He must be a commissioned officer or
an officer in the Armed Forces holding
rank by virtue of a commission from the
President
2. The assigned chaplain to his unit must
be absent
3. The marriage must be in articulo mortis
4. The marriage must be solemnized
within the zone of military operations.
 The contracting parties may either be
members of the armed forces or
civilians.