December 9, 2021 – Discussion by Atty.

Marvin Miralles
Family Code – passed some time in 1988
Article 1
- Mentions/defines marriage
o Own – joining of two units in holy matrimony
o Family Code – a special contract of permanent union between a man and woman, in
accordance with the law, to establish a conjugal and family life.
o Why marriage between same sexes cannot be done in the PH – Art. Of Family Code,
unless amended
o Marriage is a special contract; something that will last forever – “permanent union”
o A contact sui generis – a contract of its own kind; differs in different respects to an
ordinary contract
- Distinction of the Special Contract of Marriage
o Marriage contact cannot be dissolved, not even by the contracting parties, but by the
law
o Consequences of marriage (children, property, money) is not subject to agreement by
the parties, but by law
o Parties of marriage must be of opposite sexes
o Marriage is not just a contract, it is also an inviolable social institution – making the
state itself interested in protecting the marriage and keeping it intact as much as
possible; not just a civil contract but establishes a status and human relations;
foundation of family life for which the state is interested in protecting
- Duration of contraction or relationship – permanent, dissolved only by the sovereign powers
of the state
- Branch that can separate parties and dissolve marriage – the courts.
- Nature of consequences and incidents of marriage – regulated by the law
- Prenuptial agreement – the only aspect settled by the parties in a marriage contract
o Properties of your own before the marriage, etc. will become conjugal properties of
marriage
- Complete separation of property – if a thing is purchased by one’s money, then that is theirs
- Proof of Marriage
o Certificate of Marriage/Marriage Contract – signing of witnesses or principle
sponsors
o Testimony by a witness to the Marriage, or the Officiator of the Marriage (Pujeda v.
Reyas)
o Testimony of the witness to the matrimony, actions of the parties in marriage after
the wedlock (Trinidad v. CA)
o Birth and Baptismal Certificates of children born in such union and other documents
executed
 o Law favors the validity of marriage, he who alleges non-marriage must prove it in
court substantially and leave no doubt in the mind of the court.

Article 3
- Article 2 and 3 – related
- Essential Requisites of Marriage
o Legal capacity of the contracting parties, male and female
o Consent freely given in the presence of the solemnizing officer
- Formal Requisites in Marriage
o Authority of the solemnizing officers
o Valid marriage license – except cases provided in Ch. 2 of the Family Code
o A marriage ceremony – appearance of the contracting parties before the solemnizing
officer declaring their holy matrimony and in the presence of not less than 2
witnesses.
- Legal capacity (1st essential requisite of marriage)
o Age Capacity – 18, even if there is consent by the parents or guardian of the minor
bride/groom, it will still be void from the very beginning
o Sex of the Parties – male and female
o Absence of legal impediments –incestuous marriages or marriages against public
policy
o Otherwise, the marriage is void from the very beginning
- Further requirements
o Parental consent if the contracting parties are below the age of 21, else the marriage
is voidable (grounds for annulment); parental consent must be freely given
o Legal age – date of the marriage itself
o Parties must be of opposite sex (Art. 1 and 5 of the Family Code)
o Absence of impediments – marriage of ascendants or descendants or collateral
relatives up to the 4th degree, etc. (Art. 22???)