The Family Code of The Philippines: Title I Marriage

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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

THE FAMILY CODE


OF THE PHILIPPINES

TITLE I
MARRIAGE

CHAPTER 1
REQUISITES OF MARRIAGE
(Arts. 1-10)

STUDY GUIDE :

 CAVEAT: It will be to your best interest if you make sure that


you finish all reading assignments and/or directives in accordance
with the timeframe outlined in the course syllabus. 

 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. (52a)

 MEMORIZE this provision.

 Why is marriage a special contract? How do you distinguish it from an ordinary


contract?

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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

 Expound on the concept that marriage is an inviolable social institution.

 What is the duration of a contract of marriage?

 Is there any aspect of marriage which can be the subject of agreement between
the parties?

 Is a contract of marriage valid if there is no marriage certificate to prove its


existence?

 Every presumption is in favor of the validity and good faith of Philippine marriage.
Semper praesumitur pro matrimonio. The burden of proof to show the nullity of the
marriage rests upon the party seeking its nullity.

 APPLICATION/PROBLEMS:

1. Five years after their marriage, Quiana left Kiko due to irreconcilable differences.
She, and the 3 children, went to live with her mother in their old house. Kiko
periodically visited the kids, and continued to give support to his family. After ten
years, while the couple was in good terms, Quaina and Kiko knew that they could no
longer be together; hence, they entered into a contract allowing each other to enter
into other relationships, and permitting them to have carnal knowledge with third
parties. The agreement was made in writing, and was notarized by a lawyer. Is this
agreement valid?

 ART. 2. – No marriage shall be valid, unless these essential


requisites are present:
(1) Legal capacity of the contracting parties who must be a
male and a female; and
(2) Consent freely given in the presence of the solemnizing
officer. (53a)

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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

 MEMORIZE this provision, including Articles 37 and 38 of the Family Code.

 What are the essential requisites of marriage?

 What are the 3 components that make up “legal capacity” as an essential


requisite of marriage? (Arts. 5, 37 & 38, FC)

 When is the minimum age for marriage required to be possessed by the


contracting parties thereto? Are the parties required to be of legal age at the time of
their application for a marriage license? Are the parties required to be of legal age at
the time of the celebration of the marriage?

 Can a homosexual (turned female), who had his sex reassigned (formerly referred
to as sexual change) by medical operation, validly marry a male partner?

 ANSWER: NO. A strict interpretation of Article 2(1) will render such marriage
void because the basis of the sex of a Filipino before the eyes of the law is what
appears in his/her correct record of birth.

In Silverio vs. Republic, G.R. No. 174689, October 22, 2007, the Supreme Court
held that:

“Under the Civil Register Law, a birth certificate is a historical record of the facts
as they existed at the time of birth. Thus, the sex of a person is determined at birth,
visually done by the birth attendant (the physician or midwife) by examining the
genitals of the infant. Considering that there is no law legally recognizing sex
reassignment, the determination of a person’s sex made at the time of his or her
birth, if not attended by error, is immutable.”

 However, you have to READ this case in its original text: Republic
vs. Jennifer Cagandahan, G.R. No. 166676, September 12, 2008, 565 SCRA
72. The Supreme Court in this case affirmed the decision of the trial court
which granted the correction of entries in the petitioner’s birth certificate to
change her sex or gender from “female” to “male”, and her name from
“Jennifer” to “Jeff”. While the sex of a person as appearing in his record of
birth can no longer be changed, find out what was the legal basis for the
Supreme Court’s ruling in this case.

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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

 How is consent, as an essential requisite, manifested by the parties to the


marriage? (Art. 3[3], FC.)

 Under Article 6, there is only one way of manifesting consent to the contract
of marriage, i.e., the contracting parties must “appear personally before the
solemnizing officer and declare in the presence of not less than two witnesses of legal
age that they take each other as husband and wife.”

 Based on the marriage ceremony perfomed, consent may also be implied by


the acts of the parties, such as by sign language, if they are deaf and mute.

 ART. 3. – The formal requisites of marriage are:


(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in
Chapter 2 of this Title; and
(3) A marriage ceremony which takes 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. (53a, 55a)

 MEMORIZE this provision.

 What are the formal requisites of marriage?


 Under Article 35(2) of the Family Code, a marriage solemnized by any person not
legally authorized to perform marriages shall be void.
 However, if either or both parties believed in good faith that the solemnizer
had the legal authority to solemnize the marriage, then the marriage shall remain valid
despite the solemnizer’s lack of authority. (Art.35[2], FC.)

 Under Article 35(3) of the Family Code, a marriage solemnized without the
requisite marriage license under Article 3(2) shall be void.
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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

 What is the importance of requiring a marriage license?


 Under Article 20 of the Family Code, a marriage license is effective only
for a period of one hundred twenty (120) days counted from the date of issue and the
same “shall be deemed automatically cancelled at the expiration of said period.” As a
corollary, a marriage celebrated 120 days after the issuance of the marriage license is
void ab initio.

 While there is no prescribed ceremony or rite for the solemnization of marriage,


Article 3(3) requires:

(a) The personal appearance of the contracting parties before the solemnizing
officer;
(b) The personal declaration of the contracting parties that they take each other
as husband and wife; and
(c) The presence of at least two witnesses of legal age during such
solemnization.
 (a) and (b) are mandatory requirements, while (c) is merely directory.

 What is a marriage by proxy? Is a marriage by proxy valid in this jurisdiction?

 ART. 4. – The absence of any of the essential or formal


requisites shall render the marriage void ab initio, except as
stated in Article 35 (2).
A defect in any of the essential requisites shall render the
marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the
validity of the marriage but the party or parties responsible for
the irregularity shall be civilly, criminally and administratively
liable. (n)

 What is the effect of the absence of any of the essential requisites?


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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

 What is the effect of the absence of any of the formal requisites?


 What is the effect of a defect in any of the essential requisites?
 What is the effect of an irregularity in any of the formal requisites?
 What are some examples of irregularities in the formal requisites of marriage?
(See the book of Pineda)

 Officiating a marriage without requiring the requisite license renders the


judge liable (Cosca vs. Judge Palaypayon, Jr., 237 SCRA 251)

 A license issued by the local civil registrar without posting the notice for the
application for a license for a period of ten consecutive days in the prescribed bulletin
board (Art. 17, FC) is an irregularity but does not affect the validity of the marriage.
The registrar, however, is administratively liable for the nonfeasance.

 The taking of witnesses who are not of legal age, and in the presence of
whom the contracting parties personally declared that they take each other as
husband and wife, will not affect the validity of the marriage. There will be a sanction,
however, for those responsible for the irregularity.

 A solemnizing officer who asked the wife whether she takes the man as her
lawful wedded husband and who answered “yes”, but the officer failed to ask the same
question to the groom, but nevertheless the groom signed the marriage certificate, the
marriage is valid despite the irregularity (Martinez vs. Tan, 12 Phil. 731).

 Criminal Liability Incurred by Parties Responsible for the Irregularities in


Formal Requisites. –

 Under the Revised Penal Code, priests or ministers of any religious


denomination or sect or civil authorities who shall perform or authorize any illegal
marriage ceremony shall be punished in accordance with the provisions of the
Marriage Law.1 The offender under Art. 352, Revised Penal Code, who is not

1
Under Section 39, Act 3613 (Marriage Law), the penalty is imprisonment for not less than one month nor
more than two years, or a fine not less than P200.00 nor more than P2,000.
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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

authorized to solemnize marriage but performs an illegal marriage ceremony is also


liable for usurpation of authority or official functions (Art. 177, RPC).

 Under Article 350 of the Revised Penal Code, any person who contracts
marriage knowing that the requirements of the law have not been complied with or that
the marriage is in disregard of a legal impediment shall suffer the penalty of prision
correccional in its medium and maximum periods. And if either of the contracting
parties shall obtain the consent of the other by means of violence, intimidation, or
fraud, he shall be punished with the maximum period of the foregoing penalty.

  Conviction of the respondent under Art. 350 of the Revised Penal


Code involves moral turpitude and is disqualified from being admitted to the bar
(Villasanta vs. Peralta, 101 Phil. 313).

 APPLICATION/PROBLEMS:

1. On June 24, 2014, Ben and Sarah were married by Fr. John at the St. Joseph
Parish in Parañaque. Fr. Ben, however, inadvertently failed to let the couple and their
witnesses sign the marriage certificate. Hence, the fact of marriage was never
subsequently registered in the Office of the Civil Registry of Parañaque. Is this
marriage valid?

2. In the problem in No. 1 above, assume that the couple and their witnesses did sign
the marriage certificate. However, the parish office failed to subsequently register the
certificate in the Civil Registry of Parañaque. Is this marriage valid?

3. Jenny and Jonah, twin sisters, will be celebrating their 18th birthday in two weeks.
Today, they stood as witnesses to the marriage of their cousin Maria to Pidro in the
chambers of Judge Masinop. Is this marriage valid?

4. On October 1, 2014, Jun and Jean applied for a marriage license. The license was
supposed to be issued after the 10-day publication period required by law. Two days
before the issuance of the marriage license, Jun and Jean decided to exchange their
marriage vows before Judge Makupad in Quezon City because Jun’s mother was
leaving for the U.S. the following day. The parties, and their sponsors, including the
solemnizing officer affixed their signature to the marriage contract, which was
subsequently registered in the Civil Registry of Quezon City. Is this marriage valid?

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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

5. Tsing and Cha, both 19 years old got married before Judge Marimba of Caloocan
City. Five of their friends witnessed the wedding. Their parents never attended the
wedding because both disapproved of their relationship. Is this marriage valid?

6. On September 30, 2014, Craig married Nina. Craig did not really want to marry
Nina, but was forced to do so only because the brothers of Nina threatened to rape his
sister if he did not marry Nina. Is this marriage valid?

 ART. 5. – Any male or female of the age of eighteen years


or upwards not under any of the impediments mentioned in
Articles 37 and 38, may contract marriage. (54a)

 APPLICATION/PROBLEMS:

1. Pacifico was born on July 2, 1996. Tsina was born on June 25, 1996. On June 20,
2014, Pacifico and Tsina applied for the issuance of a marriage license. On July 2,
2014, they were duly wedded before Judge Maagap in Parañaque City. Is this
marriage valid?

2. Since they were still babies, the parents of Jorge and Jody, who were born on the
same day, had agreed to have them wedded when they became adults. After Jody
turned 15 years old, she got pregnant by Jorge. Their parents then made preparations
for the wedding, and everybody was happy about Jody and Jorge expecting a baby.
Jorge’s parents donated a house and lot for the couple to live in after the wedding.
Jorge and Judy were then wedded, with the blessings of their parents, before a family
friend, Judge Quimbo. Is this marriage valid?

 ART. 6. – No prescribed form or religious rite for the


solemnization of the marriage is required. It shall be necessary,
however, for the contracting parties to appear personally before
the solemnizing officer and declare in the presence of not less
than two witnesses of legal age that they take each other as
husband and wife. This declaration shall be contained in the
marriage certificate which shall be signed by the contracting

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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

parties and their witnesses and attested by the solemnizing


officer.
In case of marriage in articulo mortis, when the party at the
point of death is unable to sign the marriage certificate, it shall
be sufficient for one of the witnesses to the marriage to write the
name of said party, which fact shall be attested by the
solemnizing officer. (55a)

 What is the rationale of the law in requiring as a formal requisite a marriage


ceremony? (See the book of Pineda)

 The ceremony required in Article 6 is necessary to prevent the


recognition of common-law marriages (consensual marriages) in the Philippines, and
also of representative or proxy marrriages.

 A common-law marriage is one contracted into by the contracting parties


(man and woman) by entering into an agreement or arrangement, whereby they
voluntarily take each other as husband and wife and this declaration is consummated
by their cohabitation with the assumption of marital duties and obligations. There is no
solemnizing officer involved.

 A proxy marriage is one where a partner who is absent in the wedding


ceremonies is represented by an authorized representative. The personal appearance
of the parties being mandatorily required, a marriage by proxy is void.

 EXCEPTION: If the marriage is solemnized abroad and is valid there as


such – proxy marriages being allowed there, the marriage is also valid in the
Philippines. (See Art. 17 in correlation with Art. 26, par. 1.)

 APPLICATION/PROBLEMS:

1. Maria was 3 months pregnant during her wedding day. She felt nauseated at the
ceremony in church. When she was about to make her personal declaration in the
altar before Fr. Freddie that she was taking Joseph as her husband to hold and to
cherish, till death do they part, she fainted before she could utter a word. After 10
minutes, when she regained consciousness, Fr. Freddie just let the couple sign the

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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

marriage certificate, and allowed the bride to rest. She stood up again during the
picture taking. Is this marriage valid?

2. Pam and Joe was engaged to be married on September 1, 2014 before Judge
Santos of Makati City. On the scheduled wedding day, while the couple was 30
minutes earlier than their scheduled appointment, Judge Santos was stuck in traffic
due to a multiple vehicular collision. Judge Santos then instructed his Clerk of Court
to direct the couple to sign the marriage contract while he was in transit. When Judge
Santos arrived in his chambers, he himself signed the marriage certificate and advised
the couple to make God the center of their marriage. The marriage certificate was
subsequently registered in the Civil Registry of Makati. Is this marriage valid?

3. Three days before the wedding date, the bride contacted german measles.
Because of the danger that she might pose to a lot of her guests who were pregnant,
she asked her twin sister to wear her wedding dress and attend the marriage
ceremony at the Manila Cathedral. She also informed the groom about the plan.
They all agreed not to tell the guests about it, since they would not notice anyway.
The twin sister then attended the wedding, and signed the marriage certificate with the
proper authorization of the bride. Is this marriage valid?

4. Under the laws of Czechoslovakia, if one of the parties to a marriage is unable to


attend the marriage ceremony on the designated date, that party can authorize
another person in his stead to attend the marriage ceremony. The authority, however,
is required to be embodied in a notarized document to be presented to the
solemnizing officer on the wedding day. Leo and Pia, both Filipinos, decided to get
married in Czechoslovakia. On the day of the wedding, Leo, who broke his leg in a
soccer tournament, could not personally attend the ceremony. Hence, he authorized
his brother Lou to attend the ceremony instead. Leo then executed a special power of
attorney for such authorization, which was notarized by a lawyer in Czechoslovakia.
The wedding then pushed through. Is this marriage of the Filipino couple valid?

 ART. 7. – Marriage may be solemnized by:


(1) Any incumbent member of the judiciary within the court’s
jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or
religious sect and registered with the civil registrar general,
acting within the limits of the written authority granted him by
his church or religious sect and provided that at least one of the
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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

contracting parties belongs to the solemnizing officer’s church or


religious sect;
(3) Any ship captain or airplane chief only in the cases
mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain is
assigned, in the absence of the latter, during a military operation,
likewise only in the cases mentioned in Article 32; or
(5) Any consul-general, consul or vice-consul in the case
provided in Article 10. (56a)

 MEMORIZE this provision.

 Who are the persons authorized to solemnize marriages under Article 7?


 The enumeration of the authorized solemnizers of marriage in Article 7 is
exclusive. –

 By the principle of “inclusio unios exclusio est alterius” (what the law does not
include, it excludes), no other persons, no matter how high their positions in
government are, are authorized to perform marriages.

 The President of the Philippines, the Chief of Staff of the Armed Forces,
Ambassadors, Senators, Congressmen, Governors, among others, cannot therefore
solemnize marriages.

 However, the Local Government Code, which took effect on January 1, 1992,
gives the mayors of cities and municipalities authority to solemnize marriages.
 What is the effect on the validity of a marriage solemnized in Manila by
the City Mayor of Pasay City?

 ANY INCUMBENT MEMBER OF THE JUDICIARY WITHIN THE COURT’S


JURISDICTION. –

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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

 The authority of the members of the judiciary to solemnize marriages is


subject to the following requisites:
(a) They must be incumbent members; AND
(b) They must solemnize the marriage within their court’s jurisdiction.

 If a marriage is solemnized by a judge outside his territorial jurisdiction, the


marriage will be considered void ab initio for lack of a formal requisite in such
marriage. (Art. 4, FC.)

 Under Article 35 (2), if a judge solemnized a marriage outside of his territorial


jurisdiction, may the marriage be nonetheless considered as valid because either or
both of the contracting parties believed in good faith that the judge had the legal
authority to solemnize the marriage? We distinguish.
(a) The marriage is void ab initio if the good faith of the parties consists
in their mistaken belief that a judge has the authority to solemnize marriages
outside of his court’s jurisdiction. This amounts to ignorance of the law which is
inexcusable.
(b) The marriage is valid if the good faith of the parties consists in their
mistaken belief that the solemnizer is a judge of the locality where the marriage is
celebrated. This amounts to ignorance of a fact which is excusable.

 NOTE: “Good faith” means after reasonable inquiry and


investigation on the part of the parties.

 ANY PRIEST, RABBI, IMAM, OR MINISTER OF ANY CHURCH OR RELIGIOUS


SECT. –

 Under Article 7(2), before a religious solemnizer can solemnize marriage, the
following requirements must be complied with:
(a) He must be duly authorized by his church or religious sect;
(b) He must be duly registered with the Civil Registrar General;
(c) He must act within the limits of the written authority given by his church or
religious sect; AND
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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

(d) At least one of the contracting parties must belong to the religious
solemnizer’s church or sect.

 A marriage is considered void ab initio if it is solemnized by a religious


solemnizer who does not possess the requisite authority in Article 7(2). In addition,
such religious solemnizer who solemnizes marriage without the requisite authority may
be held criminally liable under the old Marriage Law (Art. 352, RPC; Section 39, Act
3613).

 Under Article 35 (2) of the Family Code, the marriage is valid if either or both
parties to the marriage believed in good faith that the religious solemnizer was
authorized to solemnize the marriage in accordance with the requisites from (a) to (c)
above.  ignorance of fact

 However, the marriage is void ab initio if none of the parties belonged to the
religious solemnizer’s church or sect. Good faith becomes immaterial.  ignorance
of law

 Under Article 33, even marriage among Muslims or among members of the
ethnic cultural communities (which may be solemnized without need of securing a
marriage license) must be solemnized ONLY by those solemnizing officers
enumerated in Article 7(2) of the Family Code and duly registered with the Civil
Registrar General.

 ANY SHIP CAPTAIN OR AIRPLAIN CHIEF, BUT ONLY IN THE CASES


MENTIONED IN ARTICLE 31. –

 Not every ship officer or airplane pilot can solemnize marriages under this
article. He must be the captain of the ship, or the chief pilot of the airplane.

 Under Article 7(3), in correlation with Article 31, the authority of the ship
captain or airplane chief to solemnize marriages is subject to the following requisites:

(a) The marriage must be in articulo mortis; AND


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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

(b) The marriage must be between passengers or crew members.

 The authority to solemnize may be exercised when:


(a) The ship is at sea.
(b) The plane is in flight.
(c) The ship or plane is on a stop-over at ports of call.

 ANY MILITARY COMMANDER OF A UNIT, BUT ONLY IN THE CASES


MENTIONED IN ARTICLE 32. –

 Under Article 7(4), in correlation with Article 32, the authority of any military
commander of a unit to solemnize marriages is subject to the following requisites:
(a) He must be a commissioned officer, or an officer in the armed
forces holding rank by virtue of a commission from the President, and not a mere
corporal or sergeant;
(b) The assigned chaplain to his unit must be absent;
(c) The marriage must be in articulo mortis; AND
(d) The marriage must be solemnized within the zone of military
operations.

 The unit of the military commander must be a battalion, not just a company.
 The contracting parties may either be members of the armed forces or
civilians.

 APPLICATION/PROBLEMS:

1. While the mayor and vice-mayor were both in Singapore to attend a local
executives’ convention, Councilor Ella, the number one member of the Sangguniang
Bayan was designated acting Mayor. On this occasion, Hon. Ella solemnized the
marriage of Enteng and Tina. Is this marriage valid?

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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

2. Private Ryan belongs to a military unit headed by Major Pain. While in a place of
military operation, Ryan was shot, and is at the point of death. Jenny, his girlfriend,
requested Major Pain to marry them right then and there. Major Pain then married
Ryan and Jenny in the presence of two witnesses, the assigned priest in the unit – Fr.
Malcolm, and Ryan’s best friend – Private Emerson. Is this marriage valid?

 ART. 8. – The marriage shall be solemnized publicly in the


chambers of the judge or in open court, in the church, chapel or
temple, or in the office of the consul-general, consul or vice-
consul, as the case may be, and not elsewhere, except in cases of
marriages contracted at the point of death or in remote places in
accordance with Article 29 of this Code, or where both of the
parties request the solemnizing officer in writing in which case
the marriage may be solemnized at a house or place designated
by them in a sworn statement to that effect. (57a)

 Article 8 requires the public solemnization of marriage, and therefore fixes the
venue or place of marriage depending on who the solemnizing officer is, to wit:

(a) In the chamber of the judge, or in his sala in open court, if solemnized by a
member of the judiciary;
(b) In the church, chapel or temple of the religious solemnizer concerned;
(c) In the office of the consul-general, consul or vice-consul.

 What is the effect of violation of Article 8?


 The provision, which refers merely to the venue of the solemnization, is only
directory, not mandatory. Therefore, non-compliance therewith will not affect the
validity of the marriage, but will subject the solemnizer to criminal and administrative
sanctions. However, if in addition to non-compliance with the foregoing venues, the
marriage is also solemnized outside the territorial jurisdiction of the solemnizing
officer, then the marriage becomes void ab initio.

 Exceptions to the Rule on Venue under Article 8. –


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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

(a) Marriages contracted in articulo mortis.


(b) Marriages contracted in remote places in accordance with the provisions of
Article 29 of the Family Code.
(c) Where both of the parties to the marriage requested the solemnizing officer in
writing and under oath to solemnize the marriage elsewhere.

 ART. 9. – A marriage license shall be issued by the local


civil registrar of the city or municipality where either contracting
parties habitually resides, except in marriages where no license is
required in accordance with Chapter 2 of this Title. (58a)

 The contracting parties must apply for a marriage license in the city or
municipality where either or both of them habitually reside.

 A license issued in a place different from the habitual residence of the


contracting parties does not affect the validity of the marriage, since this is a mere
irregularity in the issuance of the said license.

 If the application for license was made in bad faith in the improper civil registry,
the parties can be liable for violation of Article 350 of the Revised Penal Code. If the
registrar is also at fault, he can be charged criminally and administratively.

 APPLICATION/PROBLEMS:

1. Kate is a resident of Caloocan City, while Jonel is a resident of Quezon City. On


June 1, 2014, Kate and Jonel applied for a marriage license with the Civil Registrar of
Manila, since both of them were employees of the Office of the President. On the
basis of this license, they were married on August 6, 2014. Is their marriage valid?

 ART. 10. – Marriages between Filipino citizens abroad may


be solemnized by a consul-general, consul or vice-consul of the
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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

Republic of the Philippines. The issuance of the marriage license


and the duties of the local civil registrar and of the solemnizing
officer with regard to the celebration of the marriage shall be
performed by said consular official. (75a)

 Under Article 7(5), marriages between Filipino citizens abroad may be solemnized
by a consul-general, consul or vice-consul of the Republic of the Philippines.

 Article 10 is applicable only if the contracting parties are both Filipino citizens
who may be domiciled or sojourning abroad.
 If the marriage is between a Filipino citizen and an alien, our consular
officials abroad are not clothed with authority to solemnize such marriage.

 The consular officer shall take charge of the issuance of the marriage license and
shall perform the duties of the local civil registrar and of the solemnizing officer with
regard to the celebration of the marriage.

 Consuls on home assignment in the Philippines cannot solemnize marriages.

 APPLICATION/PROBLEMS:

1. Carlo Diaz is the consul-general of the Philippines to Saudi Arabia. He has a


residence in Mactan, Cebu City. While vacationing therein, he solemnizes the
marriage between Choi and Chai. Is this marriage valid?

END OF THE TOPIC REMINDERS:


1. Study and master the principles under each topic.
2. Know the answer to the application/problems.
3. Memorize the provisions required to be committed to memory.
4. When a case is required in this study guide to be read in its
original text , be ready to recite the case or to prepare a
case digest thereof in class.

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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)

The discussions outlined in this study guide have been


collectively lifted from the references listed in your course
syllabus.

It does not matter how slowly you go


as long as you do not stop.
Confucius

The man who moves a mountain


begins by carrying away small stones.
Confucius

It is not enough that we do our best;


Sometimes we must do what is required.
Winston Churchill

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