INTRODUCTION TO PERSONS AND FAMILY RELATIONS

Hon. Rigor R. Pascual

Introductory Portions: (Article I-XVIII, New Civil Code of the Philippines)

Law:

a. It is a rule of conduct formulated and made obligatory by legitimate power

of the state. (Diaz, 2013);
b. A binding custom or practice of a community : a rule of conduct or action
prescribed or formally recognized as binding or enforced by a controlling
authority (Merriam-Webster’s Dictionary).

Trick: Always have a prepared definition of law.

Civil Law: the system of law concerned with private relations between members of
a community rather than criminal, military, or religious affairs.

Civil law is different from civil law tradition. The first one governs relationships
while the second one put premium to the kind of law that governs.

***

Article 2: Laws shall take effect after fifteen days following the completion of
their publication in the Official Gazette, unless it is otherwise provided. This Code
shall take effect one year after such publication.

Rules regarding the effectivity of Laws:

If date is specified– Upon the lapse of the said period following its complete
publication and not before.

If no date is specified– 15-day period, which may either be on the 15th or on the
16th day depending on the language used by the Congress in fixing the effectivity
date of the statute.

 15th day - If the law declares that it shall become effective “15
days after its publication”
 16th day - If the law declares that it shall be effective “after 15
days following its publication”
If the law provides for immediate effectivity or upon approval – _It is effective
immediately after its complete publication and not after signing by the President.

If the law is voluminous– Reckoning shall begin from the release of the last of the
series.

Tanada v. Tuvera
G.R. No. L-63915, April 24, 1985

The following must be published:

“The publication of all presidential issuances “of a public nature” or “of general
applicability” is mandated by law. Obviously, presidential decrees that provide for
fines, forfeitures or penalties for their violation or otherwise impose a burden or.
the people, such as tax and revenue measures, fall within this category. Other
presidential issuances which apply only to particular persons or class of persons
such as administrative and executive orders need not be published on the
assumption that they have been circularized to all concerned.”

Exercise 1: Place a check next to the item that is required to be published:

____ Laws ____ Regulations that are internal in nature

____ Judicial Decisions ____ Regulations with penal sanctions
____ Municipal Ordinances ____ Interpretative Regulations
____ Congressional Resolutions ____ Regulations that diminishes existing
rights

The clause "unless it is otherwise provided" refers to the date of effectivity and
not to the requirement of publication itself. The requirement of publication may not
be omitted in any event. This clause does not mean that the legislator may make the
law effective immediately upon approval, or on any other date without its previous
publication. (Tanada v. Tuvera).

Newspaper of General Circulation

For a newspaper to be considered of general circulation:

1. It must be published within the court’s jurisdiction;
2. It must be published at regular intervals for disseminating local news and
general information;
 3. It has a bona fide subscription list of paying subscribers; and
4. It is not devoted to the interest or published for the entertainment of a
particular class, profession, trade, calling, race or religious denomination,

***

Article 3. Ignorance of the law excuses no one from compliance therewith.

Purposes of the Article: (1) Necessity; and

(2) Convenience

Exercise 2: Article 3 of the New Civil Code is a ___________ presumption.

Doctrine of Processual Presumption

In international law, the party who wants to have a foreign law applied to a
dispute or case has the burden of proving the foreign law. The foreign law is treated
as a question of fact to be properly pleaded and proved as the judge or labor arbiter
cannot take judicial notice of a foreign law. He is presumed to know only domestic
or forum law.

N.B. The Courts do not take judicial notice of foreign laws.

Mistake of Law v. Mistake of Fact

“While an honest mistake of fact could be used to excuse a person from the legal
consequences of his acts as it negates malice or evil motive, a mistake of law cannot
be utilized as a lawful justification, because everyone is presumed to know the law and
its consequences.”
MISTAKE OF FACT MISTAKE OF LAW
BASIS
Want of knowledge Want of knowledge of some Want of knowledge or
pertains to fact or facts constituting or acquaintance with the laws
relating to the subject of the land insofar as they
matter on hand. apply to the act, relation,
duty, or matter under
consideration.

Nature of Mistake When some facts which Occurs when a person

really exist are unknown or having full knowledge of the
some fact is supposed to facts come to an erroneous
 exist which really does not conclusion as to its legal
exist. effects.

Defense Good faith is an excuse. Not excusable, even if in

good faith.

Exercise 3: Examples of Mistake of Law and Mistake of Fact:

a. In violation of Quezon City curfew ordinance, “I did not know that Welcome
Rotonda is part of Quezon City”. Is this a mistake of law or mistake of fact?
b. During the eruption of Mt. Taal, Senator X was evacuating persons from the
danger zones, realizing the value of life, A decided to get married and asked
Senator Gordon to marry them to which he obliged. When asked about the
marriage, A and B, in unison asked answered: “We did not know that Senators
are not duly authorized to solemnize marriages?” Is this a mistake of fact or
mistake of law?

***

Article 4. Laws shall have no retroactive effect, unless the contrary is provided.

General Rule: Laws are given prospective application.

Exceptions: a. Tax laws; b. Interpretative statutes; c. Laws creating New

substantive rights; d. Curative statutes; e. Remedial/procedural; f. Emergency laws;
g. When Expressly provided; and h. Penal laws favorable to the accused provided,
the accused is not a habitual delinquent.

Exceptions to the Exception: If the application of the retroactive law: 1.

Impairs obligation of contracts; 2. Is in the nature of ex post facto law or a bill of
attainder, 3. Divests vested rights; or 4. Is constitutionally forbidden.

Judicial Decisions and Retroactivity: No retroactivity.

a. First interpretation – Court’s interpretation attaches at the same time the law
was passed.
b. Subsequent interpretation – the new interpretation shall be prospective in
application and should not apply to parties who had relied on the old doctrine
and acted on the faith thereon.

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Article 5. Acts executed against the provisions of mandatory or prohibitory laws
shall be void, except when the law itself authorizes their validity.

Mandatory law -
A law or a provision in a statute is said to be mandatory when disobedience to it, or
want of exact compliance with it, will make the act done under the statute absolutely
void.

Prohibitory law -
A law or a provision in a statute is said to be prohibitory when it forbids a certain
action.

General Rule: Acts executed against the provisions of mandatory or prohibitory

laws shall be void.

Exceptions: When the law:

1. Itself authorizes its validity (Example: lotto, sweepstakes);
2. Makes the act valid but punishes the violator (Example: failure of the
solemnizing officer to submit the marriage contract to the local civil registrar)
3. Makes the act merely voidable. (Voidable Marriages)
3. Declares the nullity of an act but recognizes its effects as legally existing
(Example Child born after the annulment of marriage is considered
legitimate).

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Article 6. Rights may be waived, unless the waiver is contrary to law, public order,
public policy, morals, or good customs, or prejudicial to a third person with a right
recognized by law.

Right

It is a legally enforceable claim of one person against another, that the other shall do
a given act, or shall not do a given act.

Trick: Always have a prepared definition for “Right”

Kinds of Rights
1. Natural Rights – Those which grow out of the nature of man and depend upon
personality (right to life, liberty, privacy, and good reputation);
2. Political Rights – Consist in the power to participate, directly or indirectly, in the
establishment or administration of government (Right of suffrage, right to hold
public office, right of petition); and

3. Civil Rights– Those that pertain to a person by virtue of his citizenship in a state
or community (Property rights, marriage, equal protection of laws, freedom of
contract, trial by jury)

a. Rights of personality or human rights;

b. Family rights; and
c. Patrimonial rights:
i. Real rights;
ii. Personal rights

Unwaivable rights:

1. Right to live and right to future support.

2. Right to personality and family rights.
3. Right to future inheritance.
This is especially so if the waiver is intended to prejudice creditors. Hence, if
an heir repudiates the inheritance to the prejudice of his own creditors, the latter may
petition the court to authorize them to accept it in the name of the heir (NCC, Art.
1052)
4. Political rights.
If a candidate for mayor agrees to split his term of office with the vice-mayor
to prevent the latter from running against him, the contract is void by reason of public
policy (Albano, 2013).

Waiver of rights

General Rule: Rights may be waived.

Exceptions:

1. If waiver is:
a. Contrary to law, public order, public policy, morals or good customs;
b. Prejudicial to a third person with a right recognized by law. (e.g. If A owes
B P10M, B cannot waive the loan if B owes C and B has no other assets).
2. If the right is:
a. A natural right, such as right to life;
b. Inchoate, such as future inheritance.

Waiver

It is a voluntary and intentional relinquishment or abandonment of a known

existing legal right, advantage, benefit, claim or privilege, which except for such
waiver the party would have enjoyed.

NOTE: Waivers can be express or implied, however, it cannot be presumed.

It must be clearly and convincingly shown, either by express stipulation or acts
admitting no other reasonable explanation.

Requisites of a valid waiver

1. Waiving party must actually have the right he is renouncing;

2. He must have full capacity to make the waiver;
3. Waiver must be clear and unequivocal;
4. Waiver must not be contrary to law, public order, public morals; and
5. When formalities are required, they must be complied with.

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Article 7. Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the contrary.

When the courts declared a law to be inconsistent with the Constitution, the former
shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when
they are not contrary to the laws or the Constitution.

 The Concept of Constitutional Supremacy

 Only laws can reply prior laws. Resolutions cannot repeal laws. (Ang
Nars)

Ways of repealing laws

1. Express - If the law expressly provides for such;
 2. Implied - If the provisions of the subsequent law are incompatible or
inconsistent with those of the previous law, provided, it is impossible to
reconcile the two laws.

Requisites of an implied repeal

1. The laws cover the same subject matter; and
2. The latter is repugnant to the earlier.

NOTE: Implied repeals are NOT to be favored because they rest only on the
presumption that because the old and the new laws are incompatible with each
other, there is an intention to repeal the old.

Instances of implied repeal

1. When the provisions in the two acts on the same subject matter are
irreconcilably contradictory, in which case, the later act, to the extent of the conflict,
constitutes an implied repeal of earlier one; and

2. When the later act covers the whole subject of the earlier one and is clearly
intended as a substitute; thus it will operate to repeal the earlier law

Revival of Repealed Laws

Basis Express Repeal Implied Repeal

st
Manner of Repeal If the 1 law is expressly If the 1st law id
repealed by the 2nd law and the repealed by implication
2nd law is repealed by the 3rd by the 2nd law and the 2nd
law. law is repealed by the 3rd
law.
st
Effect of Repeal The 1 law is NOT revived The 1st law is revive
unless expressly provided so. unless otherwise
provided.

Article 8. Judicial decisions applying or interpreting the laws or the Constitution

shall form a part of the legal system of the Philippines.

Doctrine of Stare Decisis

It is adherence to judicial precedents. Once a question of law has been examined and
decided, it should be deemed settled and closed to further argument.
However, when in the light of changing conditions, a rule has ceased to be beneficial
to the society, courts may depart from it.

Kinds of Stare Decisis:

a. Vertical Stare Decisis

b. Horizontal Stare Decisis

Obiter Dictum

An opinion expressed by a court upon some question of law which is not necessary
to the decision of the case before it. Such are not binding as precedent.

****

Article 9. No judge or court shall decline to render judgment by reason of the

silence, obscurity or insufficiency of the laws.

Article 10. In case of doubt in the interpretation or application of laws, it is

presumed that the lawmaking body intended right and justice to prevail.

Article 11. Customs which are contrary to law, public order or public policy shall
not be countenanced.

Article 12. A custom must be proved as a fact, according to the rules of evidence.

Guidelines on rendition of decisions under Art. 9

1. When there is no law exactly applicable to the point in controversy, the custom of
the place shall be applied and in default thereof, the general principles of law;

2. Decisions of foreign courts;

3. Opinions of known authors and professors;

4. Applicable rules of statutory construction;

5. Principles formulated in analogous cases.

 Nota Bene: If the law is silent, or is obscure or insufficient with respect to a
particular controversy, the judge shall apply the custom of the place, and in default
thereof, the general principles of law and justice.

Customs

Customs are rules of conduct, legally binding and obligatory, formed by

repetition of acts uniformly observed as a social rule.

Necessity of proving customs

General Rule: A custom must be proved as a fact, according to the rules of

evidence (NCC,Art. 12).

Exception: Courts may take judicial notice of a custom if there is already a

decision rendered by the same court recognizing the custom.

Requisites before such custom could be considered a source of right

1. Plurality of acts;
2. Uniformity of acts;
3. General practice by the great mass of the people of the country or
community;
4. Continued practice for a long period of time;
5. General conviction that the practice is the proper rule of conduct;
6. Conformity with law, morals or public policy

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Article 13. When the laws speak of years, months, days or nights, it shall be
understood that years are of three hundred sixty-five days each; months, of thirty
days; days, of twenty-four hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of
days which they respectively have.

In computing a period, the first day shall be excluded, and the last day included.
See Revised Administrative Code Chapter 8, Book 1:
Section 31. Legal Periods. - "Year" shall be understood to be twelve calendar
months; "month" of thirty days, unless it refers to a specific calendar month in
which case it shall be computed according to the number of days the specific month
contains; "day," to a day of twenty-four hours; and "night," from sunset to sunrise.

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Conflict of Laws Provisions

Article 14. Penal laws and those of public security and safety shall be obligatory
upon all who live or sojourn in the Philippine territory, subject to the principles of
public international law and to treaty stipulations.

Article 15. Laws relating to family rights and duties, or to the status, condition and
legal capacity of persons are binding upon citizens of the Philippines, even though
living abroad.

Article 16. Real property as well as personal property is subject to the law of the
country where it is stipulated.

However, intestate and testamentary successions, both with respect to the order of
succession and to the amount of successional rights and to the intrinsic validity of
testamentary provisions, shall be regulated by the national law of the person whose
succession is under consideration, whatever may be the nature of the property and
regardless of the country wherein said property may be found.

Article 17. The forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of
the Republic of the Philippines in a foreign country, the solemnities established by
Philippine laws shall be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those which have
for their object public order, public policy and good customs shall not be rendered
ineffective by laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
 General Considerations

Private International Law

It is a part of municipal law of a state which directs its courts and administrative
agencies when confronted with a legal problem involving foreign element, whether
or not they should apply the foreign law.

Territoriality Principle

Penal laws and those of public security and safety shall be obligatory upon all who
live or sojourn in the Philippines, subject to the principles of international law and
treaty stipulations (NCC, Article 14).

 Concept of temporary allegiance

Nationality principle

Laws relating to family rights and duties or to the status, condition, and legal
capacity of persons are binding upon citizens of the Philippines, even though living
abroad (NCC, Article 15).

Personal law

The law which attaches to a person wherever he may go and generally governs his
status, capacity, condition, family relations, and the consequences of his actuations.

Basis:

 The Nationality Theory or Personal Theory – the status and capacity

of a person is determined by the law of his nationality or national law

 Domiciliary Theory or Territorial Theory – the status and capacity of

a person is determined by the law of his domicile

 Situs or eclectic theory – the particular place or situs of an event or

transaction is generally the controlling law

Exercise No. 4: Keppel v. Keppel , G.R. No. 202029, August 14, 2019
Issue: Why is Article 36 inapplicable to the annulment proceedings of the
parties?

Answer: ___________________________________________________________

Lex rei sitae

Real property as well as personal property is subject to the law of the country where
it is situated (NCC, Article 16).

Lex Loci Celebrationis

The forms and solemnities of contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed (NCC, Article 17).

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Article 18. In matters which are governed by the Code of Commerce and special
laws, their deficiency shall be supplied by the provisions of this Code.

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Important Human Relations Provisions:

 Provisions more relevant in Torts and Damages

Articles 19-21: Abuse of Rights Provisions

Article 19. Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith. [General Rule]

Article 20. Every person who, contrary to law, wilfully or negligently

causes damage to another, shall indemnify the latter for the same.
[Sanction]

Article 21. Any person who wilfully causes loss or injury to another in
manner that is contrary to morals, good customs or public policy shall
compensate the latter for the damage. [Contra Bonus Mores]

Concept of Abuse of Rights:

A right, though by itself legal because recognized or granted by law as such,

may become the source of some illegality. When a right is exercised in a manner
which does not conform to the norms enshrined in Art. 19 and results in damage to
another, a legal wrong is thereby committed for which the wrongdoer must be held
responsible.

Elements of Abuse of Right under Article 19

1. There is a Legal right or duty;

2. Such duty is exercised in Bad faith;
3. It is for the sole intent of Prejudicing or injuring another;
4. The Absence of good faith is essential to abuse of right.

Elements of an action under Article 21

1. There is an act which is legal;

2. Such act is contrary to morals, good customs, public order or policy;
3. It is done with intent to injure.
Principle of Damnum Absque Injuria

It means damage without injury. One who merely exercises one’s rights does
no actionable injury and cannot be held liable for damages.

Nota Bene: Injury is the illegal invasion of a legal right; damage is the loss,
hurt, or harm which results from the injury; and damages are the recompense or
compensation awarded for the damage suffered.

Prejudicial Question

Article 36. Pre-judicial questions, which must be decided before any criminal
prosecution may be instituted or may proceed, shall be governed by rules of court
which the Supreme Court shall promulgate and which shall not be in conflict with
the provisions of this Code.

Rules of Court Provisions: Rule 111 of the Rules of Court

Section 6. Suspension by reason of prejudicial question. — A petition for

suspension of the criminal action based upon the pendency of a prejudicial question
in a civil action may be filed in the office of the prosecutor or the court conducting
the preliminary investigation. When the criminal action has been filed in court for
trial, the petition to suspend shall be filed in the same criminal action at any time
before the prosecution rests.

Section 7. Elements of prejudicial question. — The elements of a prejudicial

question are: (a) the previously instituted civil action involves an issue similar or
intimately related to the issue raised in the subsequent criminal action, and (b) the
resolution of such issue determines whether or not the criminal action may proceed.

Exercise No. 5: Bobis v. Bobis, G.R. No. 138509, July 31, 2000

Issue: Does the petition for nullity of marriage constitute as a prejudicial question
for the prosecution of Bigamy?
Persons (Article 37-47)

Article 37. Juridical capacity, which is the fitness to be the subject of legal
relations, is inherent in every natural person and is lost only through death. Capacity
to act, which is the power to do acts with legal effect, is acquired and may be lost.

Article 38. Minority, insanity or imbecility, the state of being a deaf-mute,

prodigality and civil interdiction are mere restrictions on capacity to act, and do not
exempt the incapacitated person from certain obligations, as when the latter arise
from his acts or from property relations, such as easements.

Article 39. The following circumstances, among others, modify or limit capacity to
act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality,
family relations, alienage, absence, insolvency and trusteeship. The consequences
of these circumstances are governed in this Code, other codes, the Rules of Court,
and in special laws. Capacity to act is not limited on account of religious belief or
political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts of civil
life, except in cases specified by law.

General Concepts:

A person is every physical or moral, real or juridical and legal being susceptible of
rights and obligations or being the subject of legal relations.

Kinds of Persons
1. Natural – Human beings and have physical existence
2. Juridical – Artificial persons and product of legal fiction

Personality is the aptitude to be the subject, active or passive, of juridical relations.

One is a person, while one has personality.
JURIDICAL
BASIS CAPACITY TO ACT
CAPACITY
Fitness to be the Power to do acts
Definition subject of legal with legal effect
relations (Art. (Art. 37).
37).

Inherent Through the

Acquisition (co-exists with fulfillment of
the natural specific legal
person). activities.
 Only through Through death and
Loss death. other causes.

Can exist Cannot exist w/o

In relation to without capacity juridical capacity.
the other to act.

None. Art. 38 (restriction)

Limitation Art. 39
(modification/
limitation),
among others.

Natural Persons

Article 40. Birth determines personality; but the conceived child shall be considered
born for all purposes that are favorable to it, provided it be born later with the
conditions specified in the following article.

Article 41. For civil purposes, the foetus is considered born if it is alive at the time
it is completely delivered from the mother's womb. However, if the foetus had an
intra-uterine life of less than seven months, it is not deemed born if it dies within
twenty-four hours after its complete delivery from the maternal womb.

Article 42. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by
law, by contract and by will.

Article 43. If there is a doubt, as between two or more persons who are called to
succeed each other, as to which of them died first, whoever alleges the death of one
prior to the other, shall prove the same; in the absence of proof, it is presumed that
they died at the same time and there shall be no transmission of rights from one to
the other.

The Civil Code provides that birth determines personality, but the conceived
child shall be considered born for all purposes that are favorable to it, provided it is
born later with the conditions specified in Art. 41. Art. 5 of P.D. No. 603 (The Child
and Youth Welfare Code), however declares, that the civil personality of the child
shall commence from the time of his conception, for all purposes favorable to him,
subject to the requirements of Art. 41.

“Born later in accordance with law”

A foetus with an intra-uterine life of:

1. Less than 7 months – Must survive for at least 24 hours after its complete
delivery from the maternal womb.

2. At least 7 months – If born alive, it shall be considered born even if it dies

within 24 hours after complete delivery.

Civil personality ceases depending upon the classification of persons

1. Natural persons – by death
2. Juridical persons – by termination of existence

Effect of death on civil personality

Death extinguishes civil personality. However, the rights and obligations of the
deceased are not necessarily extinguished by his death.

Rule 131, Section 3 (jj) and (kk)

(jj) That except for purposes of succession, when two persons perish in the same calamity,
such as wreck, battle, or conflagration, and it is not shown who died first, and there are no
particular circumstances from which it can be inferred, the survivorship is determined from
the probabilities resulting from the strength and the age of the sexes, according to the
following rules:

1. If both were under the age of fifteen years, the older is deemed to have survived;

2. If both were above the age sixty, the younger is deemed to have survived;

3. If one is under fifteen and the other above sixty, the former is deemed to have
survived;

4. If both be over fifteen and under sixty, and the sex be different, the male is
deemed to have survived, if the sex be the same, the older;

5. If one be under fifteen or over sixty, and the other between those ages, the latter
is deemed to have survived.

(kk) That if there is a doubt, as between two or more persons who are called to succeed
each other, as to which of them died first, whoever alleges the death of one prior to the
other, shall prove the same; in the absence of proof, they shall be considered to have died
at the same time.
Juridical Persons

Article 44. The following are juridical persons:

(1) The State and its political subdivisions;

(2) Other corporations, institutions and entities for public interest or purpose,
created by law; their personality begins as soon as they have been constituted
according to law;

(3) Corporations, partnerships and associations for private interest or purpose

to which the law grants a juridical personality, separate and distinct from that
of each shareholder, partner or member.

Article 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are
governed by the laws creating or recognizing them.

Private corporations are regulated by laws of general application on the subject.

Partnerships and associations for private interest or purpose are governed by the
provisions of this Code concerning partnerships.

Article 46. Juridical persons may acquire and possess property of all kinds, as well
as incur obligations and bring civil or criminal actions, in conformity with the laws
and regulations of their organization.

Article 47. Upon the dissolution of corporations, institutions and other entities for
public interest or purpose mentioned in No. 2 of article 44, their property and other
assets shall be disposed of in pursuance of law or the charter creating them. If
nothing has been specified on this point, the property and other assets shall be
applied to similar purposes for the benefit of the region, province, city or
municipality which during the existence of the institution derived the principal
benefits from the same.

Kinds of Juridical Persons

The following are the different kinds of Juridical Persons:

1. The State and its political subdivisions;
2. Other corporations, institutions and entities for public interest or purpose,
created by law; their personality begins as soon as they have been constituted
according to law;
 3. Corporations, partnerships and associations for private interest or purpose
to which the law grants a juridical personality, separate and distinct from that of each
shareholder, partner or member.

NOTE: Although the Catholic Church is not one of those mentioned in Article
44, it is still considered as a juridical person because of tradition.
FAMILY CODE OF THE PHILIPPINES

Art. 1. Marriage is a special contract of permanent union between a man and a

woman entered into in accordance with law for the establishment of conjugal and
family life. It is the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations during
the marriage within the limits provided by this Code.

Case: Falcis III v. Civil Registrar-General, G.R. No. 217910, September 3, 2019

Essential Requisites of Marriage:

1. Legal capacity of the contracting parties who must be a male and a female;
2. Consent freely given in the presence of the solemnizing officer.

Formal Requisites of Marriage:

1. Marriage Ceremony
2. Authority of the solemnizing officer
3. Valid marriage License, except in a marriage of exceptional character

Status of Marriage in case of:

1. Absence of any of the essential requisites - Void ab initio (FC, Art. 4).
2. Absence of any of the formal requisites – Void ab initio(FC, Art. 4).

XPNs: Valid even in the absence of formal requisite:

a. Marriages exempt from license requirement
b. Either or both parties believed in good faith that the solemnizing officer
had the proper authority [FC, Art. 35 (2)].

3. Defect in essential requisites – Voidable (FC, Art. 4).

4. Irregularity in formal requisites - Valid, but the party responsible for such
irregularity shall be civilly, criminally or administratively liable.