15 PFR, Finals

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FAMILY CODE OF THE PHILIPPINES

the
Art. 22 THE FAMILY CODE OF THE PHILIPPINES Art. 22

Art. 22. The marriage certificate,


each other
in
as husband ÿ
and wife,
controversy, the penalty for maintaining an illicit relationship,
shall declare that they take may either be suspension or disbarment, depending on the
shall also state: W ) circumstances of the case. (Ibid.)
sex and age of each contracting
(1) The full name,
party; Tugeda v. Trias, et al.
L-16925, March 31, 1962
(2) Their citizenship, religion and habitual residence;
FACTS: The existence of a marriage was the issue
(3) The date and precise time of the celebration_of the involved in this case. No record of the alleged marriage existed
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marriage;
" "
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in the record of marriages in the municipality where it was


(4) That the proper marriage license has been issued alleged to have been celebrated. Moreover, the solemnizing
according to law, except in marriages provided officer allegedly failed to send a copy of the marriage certificate
Chapter 2 of this Title; to the Civil Registry. Upon the other hand, the fact of marriage
was sought to be established by the following:
(5) That either or both of the contracting parties have
secured the parental consent in appropriate cases; (a) The testimony of the justice of the peace who
solemnized the marriage.
(6) That either or both of the contracting parties have
complied with the legal requirement regarding parental
(b) The living together of the parties as husband and
advice in appropriate cases; and I wife for 18 years.

(7) That the partieshave entered into a marriage (c) A project of partition (of property) signed by then-
children and the children of one by a prior marriage
settlements, if any, attaching a copy thereof. (67a)
stating that they are the children of the second and
the first marriages respectively of the deceased
spouses..
COMMENT:
(1) The Marriage
HELD: The marriage existed, in view of the proofs,
presented. Incidentally, the failure of the solemnizing officer
This Article deals with the "marriage certificate." It is not to send a copy of the marriage certificate is not a fatal defect,
an essential requisite of marriage. (Madridejo v. De Leon, 55 the certificate not being an essential requisite"for marriage.
Phil. 1) The best documentary evidence of a marriage is the (NOTE: In parricide, the best proof of relationship
marriage contract or the marriage certificate. (See Villanueva
v. Court of Appeals, 198 SCRA 472 [1991]) Thus, an oral
between appellant __
and in the absence thereof, oral evidence of the fact of marriage
solemnization of the marriage is sufficient. Failure to sign the
may be considered. [People v. Florendo, 413 SCRA 132 (2003)])
marriage contract does NOT invalidate the marriage. (De Loria,
et al. v. Felix, 5 O.G. 8114)
Anonuevo v. Intestate Estate of Rodolfo G. Jalandoni
Said marriage contract being notarized, the document now
636 SCRA 420
carries the evidentiary weight conferred upon it with respect
(2010)
to its due executive, and documents acknowledged before a
notary public have in their favor the presumption of
regulating. Other than the marriage certificate, the fact of marriage
(Ferancullo v. Ferancullo, 509
SCRA 1[2006]) In the instant nay be proven by relevant evidence.

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