Persons and

Family Law

Prof. Legarda
QUIZZES
 Group if indicated.
 All GROUP quizzes in by 3.00pm today.
 All INDIVIDUAL quizzes in by 3.00pm
Thursday (yes, I know it is a holiday)
INTRODUCTION TO
THE FAMILY CODE
A. Effect and Retroactivity - FC Art.
257
 This Code shall take effect one year after the
completion of its publication in a newspaper
of general circulation, as certified by the
Executive Secretary, Office of the President.
EXERCISE:
 When did the Family Code take effect?
 What does Article 257 mean to you?
B. Repeal/Amendment – Art. 254
 Art. 254. Titles III, IV, V, VI, VII, VIII, IX, XI, and
XV of Book 1 of Republic Act No. 386, otherwise
known as the Civil Code of the Philippines, as
amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31,
39, 40, 41, and 42 of Presidential Decree No. 603,
otherwise known as the Child and Youth Welfare
Code, as amended, and all laws, decrees, executive
orders, proclamations, rules and regulations, or parts
thereof, inconsistent herewith are hereby repealed.
EXERCISE:
 What kind of repealing clause is Article 254.
 What do you think this means in the study of
persons and family law?
MARRIAGE & PERSONAL
RELATIONS
BETWEEN SPOUSES
OVERVIEW
A. The concept of “marriage”
 FC Article 1
 FC 149
 NCC Article 220
 NCC Article 221
 FC 150
 Art II Sec. 12, 1987 Constitution Section 12
 Art. XV Sec. 2, 1987 Constitution Section 2
A. The concept of “marriage”
 Absolute divorce generally not recognized
and is prohibited in the country.
A. The concept of “marriage”
 Same-sex marriage not allowed in this
country.
B. Nature of marriage in Philippine
law
 Rule 131 Sec. 3, 1989 Rules on Evidence,
Sec. 3
 Muslim Code, (P.D. 1083) Sec. 14
B. Nature of marriage in Philippine
law
 1. Civil in character, because it is established by the
State independent of its religious aspect.
 2. It is an institution of public order and policy,
governed by rules established by law which cannot
be made inoperative by the stipulations of parties.
 3. It is an institution of natural character, because
one of its objects is the satisfaction of the intimate
sentiments and needs of human beings for the
organic perpetuation of man.
B. Nature of marriage in Philippine
law
 Once a marriage has been properly
solemnized and the obligations of married life
undertaken, its validity cannot be affected by
an ante-nuptial agreement not to live together,
nor by an agreement previously entered into
that the marriage should not be valid and
binding, nor because one of the parties did not
intend it to be a permanent relation.
EXERCISE: GROUP
 In tabular form, what is the difference
between a contract of marriage and an
ordinary contract?
C. Agreements prior to
and during marriage
1. Stipulations in marriage
 NCC Article 221
2. Breach of promise to marry
 NCC Articles 19, 20, and 21.
 NCC Article 2176.
 Muslim Code, Art. 22
 NCC Article 1403 (2)
EXERCISE:GROUP
 Why do you think the afore-cited legal
provisions are applicable in a breach of
promise?
2. Breach of promise to marry
 A breach of promise to marry is neither
enforceable by itself nor actionable UNLESS
one has acted in a manner that is contrary to
morals, good customs or public policy.
D. Requisites for a
valid marriage
1. Kinds of requisites & effects of non-
compliance
Essential Formal
 Legal capacity  Authority of
 Difference in sex Solemnizing Officer
 Consent  Valid Marriage License
 Marriage Ceremony.
Kinds of requisites & effects of non-
compliance
 If failure merely in due observance or in
manner of compliance with requirements, it
is only a defect or irregularity, so the marriage
is valid.
Kinds of requisites & effects of non-
compliance
 Law recognizes only TWO absolute
disqualifications:
 those below 18 years old and
 difference in sex.
 The others are relative disqualifications,
 e.g., due to civil or natural relationship of parties.
Kinds of requisites & effects of non-
compliance
 CONSENT must be given freely, like any
other contract.
 Violence, intimidation, undue influence, etc. can
vitiate consent, making the marriage voidable.
Effect of Non-Compliance: Art. 4
 Absence of any of the essential and formal
requisites renders marriage void ab initio.
 Refers both to essential and formal requisites.
 Note Exception – Art. 35(2) bona fide belief on
part of one or both parties that solemnizing
officer had authority.
 Note Exception – Arts. 3(2) and 35(3) –
exceptional circumstances where a license would
not be required.
Effect of Non-Compliance: Art. 4
 DEFECT: - refers to essential requisites alone.
 Effect – marriage voidable.
Effect of Non-Compliance: Art. 4
 IRREGULARITY: - refers to formal
requisites alone.
 Effect – marriage valid, but party responsible is
liable.
Effect of Non-Compliance: Art. 4
 The VOID marriages are those enumerated in
Articles 35, 36, 37 and 38.
Effect of Non-Compliance: Art. 4
 Defect/irregularity: whereas there is an article
(only in the enumeration in Article 45)
providing for instances of defect in requisites,
there is no article providing for instances of
irregularity.
Exercise:
 Is marriage by proxy an absence of requisite
(void) or an irregularity (valid)?
 Would a marriage which is not celebrated in
front of qualified witnesses render the
marriage valid, voidable, or void?
 What do you think is the essence of marriage
under the law?
2. Essential requisites - (a) Legal Capacity
 Gender, FC Art. 2 ( 1)
 Age, FC Art. 5, 35 (1)
 Absence of impediment, FC Art. 5
2. Essential requisites - (b) Consent
 Consent freely given by both spouses
 Effect of Minority – Art. 45 (1)
 Mistake as to Identity - FC 35 (5)
 Effect of Insanity – Art. 45 (2)
 Effect of Fraud - Art. 45 (3)
 Effect of force, intimidation and undue influence –
Art. 45 (4)
 Effect of physical incapacity/impotence – Art. 45 (5)
 Effect of affliction with STD - Art. 45 (6)
3. LOOK AT YOUR MARRIAGE LICENSE
Formal Requisites - (a) Valid Marriage license – Art. 3 (2)

 Where to apply – Arts. 9 and 10.

3. LOOK AT YOUR MARRIAGE LICENSE Formal Requisites
- (a) Valid Marriage license – Art. 3 (2)
 Requirements for issuance –
 Application – Art. 11
 Proof of capacity – Arts 12 and 13, 21
 Parental advice - Art. 15
 Marriage counseling - Art. 16
 Publication - Art. 17
 Investigation of impediments – Art. 18
 Payment of fees – Art. 19
 Family planning certificate - P.D. 965, July 20, 1976
3. LOOK AT YOUR MARRIAGE LICENSE Formal Requisites
- (a) Valid Marriage license – Art. 3 (2)

 Place where valid - Art. 20

 Period of validity - Art. 20
 Effect of Absence of a License – Art. 4, 35 (3)
3. Formal Requisites - (a) Valid Marriage
license – Art. 3 (2)
 Duties of the Civil Registrar - Arts. 24-25
3. LOOK AT YOUR MARRIAGE LICENSE Formal Requisites
- (a) Valid Marriage license – Art. 3 (2)

 Marriages exempt from license requirement:

 In Articulo Mortis - Arts. 31 – 32, 27
 Remote Location – Arts. 28-30
 Between Muslims or between members of ethnic
communities– Art. 33
 5-year exclusive capacitated cohabitation – Art.
34
Suppose only one of the parties is Muslim or a member
of the ethnic cultural community?
 1. Muslim Code, Art. 13 (PD 1083) –
 a. Muslim Code governs when both parties are
Muslims or a male a Muslim
 b. When only female is Muslim – FC will
govern.
 2. Ethnic – both must be members of the
ethnic cultural community.
3. Formal Requisites - (b) Authority of the
solemnizing officer – Art. 3 (1)
 Who are authorized – Arts. 7, 10, 31 & 32,
R.A. 7160, Secs.444(b)(1)(xviii),445 (b)(1)
(xviii)
 How authorized - Art. 7
 Effect of absence of authority - Art. 4, 35 (2),
RPC Art. 352.
 Duties of the solemnizing officer - Arts. 23-
24
Exercise:
 Can an ambassador perform a marriage?
Explain your answer.
 What is the effect if one party is a Catholic
and the other party is Iglesia ni Cristo and
they are married by a Christian priest? Is the
marriage void or valid? Explain your answer.
3. Formal Requisites - (c) Marriage
Ceremony – Art. 3 (3)
 Form of ceremony - Art. 3 (3); 6, 8 cf 33
 Place for ceremony – Arts. 8, 28-29; 32-33
 Issuance of marriage certificate – Arts. 6; 22
and 23
Exercise:
 What is the difference between Martinez v.
Tan 12 Phil 731and Morigo v People, G.R.
No. 145226, February 06, 2004?
 E. Law governing
validity of marriages abroad
General rule in contracts - As to form -
 NCC Art. 17 (1) and (2)
General rule in contracts - As to
substantive requirements -
 NCC Arts.15 & 17 (3)
2. Special rule in marriage - lex loci
celebrationis
 FC Arts. 26, 21, 10
FC Article 26 - NOTE
 1st par. –the general rule would be that if marriage is
void under Phil. law, it shall be considered void here.
 The only exceptions are Arts. 35 (2) and (3) –
solemnizing officer and marriage license.
 2nd par. - does not require Fil spouse to oppose divorce.
 However: confined to spouses’ capacity to remarry
and does not explicitly ordain the dissolution of the
marriage.
F. Common-law marriages/
‘live-in’ relationships
Relevant Laws
 Arts. 147 and 148
 Rule 131 Sec. 3, 1989 Rules on Evidence
 NCC Art. 220
 OBQ 3 –
1. Aura, a Filipino citizen married to John, a citizen of Ireland,
obtained a foreign divorce in America. Can John still claim marital
rights in the Philippines?
2. What is provisional personality?
3. What is the artificial personality? Give an example.
4.  Rosario and her sons Rodolfo, 14 years old, and Guillermo, 10
years old, received from Mr. Lonashark a loan of 100,000.00 pesos
which they promised in writing to pay within two years two years,
plus 12 % per annum. Because payment had not been made, Mr.
Lonashark sued them. Can Rodolfo and Guillermo raise the defense
of minority to avoid liability on the loan?
5.  State three (3) things a minor is not capacitated to do.
Do you have any questions?
 These questions must be specific and the
answers to which cannot be found even after
you have set down your handwritten notes,
codal provisions, cases, and secondary
references. 
 If still in “doubt” – please email me and the
whole class.
Next week: ALL digests please on:
 ALL the cases dealing with Void Marriages,
including Procedure in actions for declaration
of nullity
 NOTE: for Psychological incapacity – just
indicate thus:
 Did the SC grant the nullity of marriage?
 Why or why not?
See you then.