The Family Code of The Philippines: Title I Marriage
The Family Code of The Philippines: Title I Marriage
The Family Code of The Philippines: Title I Marriage
TITLE I
MARRIAGE
CHAPTER 1
REQUISITES OF MARRIAGE
(Arts. 1-10)
STUDY GUIDE :
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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)
Is there any aspect of marriage which can be the subject of agreement between
the parties?
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?
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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)
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)
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.”
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)
(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.
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).
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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)
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.
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?
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?
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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)
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?
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?
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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)
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.
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.
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:
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?
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.
The contracting parties must apply for a marriage license in the city or
municipality where either or both of them habitually reside.
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:
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.
APPLICATION/PROBLEMS:
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STUDY GUIDE (Articles 1-10, Title I, Chapter 1, Family Code)
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