6/10/2015 Legal Updates and free legal information Family Code Philippines: Family Code of the Philippines: Primer on marriage 0 Higit Pa Susunod na Blog» Bumuo ng Blog Mag­sign in Please sign my online petition Free legal help Downloads Effective legal writing; Bar exams MCQ Family Code of the Philippines Supreme Court decisions in Plain Language Relationships Seminars Sunday, November 26, 2006 Bookmark / share Family Code of the Philippines: Primer on marriage Related posts: Blog sponsors [1] If husband and wife have not seen each other for more than seven years, does it mean their marriage is already void? Sponsor 1 (two text lines with small icon) [2] If a person gets married while his petition for declaration of Sponsor 2 (two text lines with small nullity of his first marriage is ongoing, can he be charged with icon) bigamy? Sponsor 3 (two text lines with small icon) [3] Quickie marriages under Article 34 of the Family Code: Is the Sponsor 4 (two text lines with small marriage void if the affidavit of marital cohabitation is false? icon) Sponsor 5 (two text lines with small [4] Legal lessons from the Kris Aquino ­ James Yap breakup: legal icon) separation, annulment, declaration of nullity, essential and formal requisites of marriage For parties interested in advertising their products or services by [5] Irreconcilable differences not a ground for declaring a marriage sponsoring this blog, please email null and void me at [email protected] [6] When a man is married to or living in with several women When you think that you’re all successively or simultaneously, who has the right to inherit from alone … him? (Note: Click the picture to download a free PDF newsletter on this topic.) Starting this week, I will be posting primers on the various provisions of the Family Code of the Philippines. For this week, the primer is on the basic provisions on marriage, specifically Articles 1 to 34. Please surf over to Title I, Articles 1 to 54 which comprise the complete provisions of the Family Code on marriage. You may also want to review my previous articles on “covenant marriage” http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html 1/71 6/10/2015 Legal Updates and free legal information Family Code Philippines: Family Code of the Philippines: Primer on marriage and “divorce and “The Lord hath appeared of old unto remarriage” from the me, saying, Yea, I have loved thee Philippine legal standpoint. with an everlasting love: therefore I discussed these articles with lovingkindness have I drawn with pastors and workers thee.” Jeremiah 31:3 who attended the Baptist Mission Partners Are you a good person? (free symposium last week. PDF) How does the Family Code define “marriage”? 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 “The Lord is not slack concerning his stipulation, except that marriage settlements may fix the property relations promise, as some men count during the marriage within the limits provided by this Code. (Article 1) slackness; but is longsuffering to us­ ward, not willing that any should What are the essential requisites that make a marriage valid? perish, but that all should come to repentance.” 2 Peter 3:9 Article 2 provides that a marriage is valid Republic of the if these essential requisites are present: For men and Philippines vs. Liberty women: Do Albios, G.R. No. 198780, (1) Legal capacity of the contracting you need October 16, 2013 parties who must be a male and a prayers in female; and your time of Issue: crisis? Click (2) Consent freely given in the presence the picture ... Is a marriage, entered into of the solemnizing officer. for the sole purpose of acquiring American What are the formal requisites of citizenship in exchange for marriage? $2,000, void on the ground of lack of consent? The formal requisites of marriage according to Article 3 are: Background facts: (1) Authority of the solemnizing officer; Liberty Albios asked Daniel Lee Fringer to marry her so (2) A valid marriage license except in the that she can acquire cases provided for in Chapter 2 of this American citizenship. In Title; and return, Albios promised to give Fringer $2,000. After (3) A marriage ceremony which takes the wedding, they went their place with the appearance of the separate ways. Fringer contracting parties before the returned to the United solemnizing officer and their personal States and never again declaration that they take each other as communicated with Albios. husband and wife in the presence of not In turn, Albios did not pay less than two witnesses of legal age. Fringer the $2,000 because http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html 2/71 6/10/2015 Legal Updates and free legal information Family Code Philippines: Family Code of the Philippines: Primer on marriage he never processed her What is the effect if an essential or petition for citizenship. formal requisite is absent? Regional Trial Court rules The absence of any of the essential or that Albios and Fringer’s formal requisites renders the marriage marriage is void for lack void ab initio, except as stated in Article of consent 35 (2). Albios filed with the What is the effect if any of the Regional Trial Court a essential requisites is defective? petition for declaration of nullity of her marriage with A defect in any of the essential Fringer. She described their requisites does not affect the validity of marriage as made in jest the marriage but the party or parties and, therefore, null and void responsible for the irregularity will be ab initio (from the start). The civilly, criminally and administratively How to use this blog RTC ruled that the essential liable. requisite of consent was Pop­up definition lacking and that when What is the age at which a man or or information will marriage was entered into woman can get married? appear when you for a purpose other than the double click any establishment of a conjugal Any male or female of the age of word (except and family life, the marriage eighteen years or upwards not under links) in this blog. was a farce. any of the impediments mentioned in Articles 37 and 38, may contract Court of Appeals affirms marriage. Previous posts RTC ruling (Note: Before the Family Code became 900,000 visitors and counting; The Court of Appeals effective in August 3, 1988, the minimum Thanks for browsing this blog affirmed the RTC ruling that age for marriage under the New Civil the essential requisite of Code of the Philippines was 16 for men A primer on RA 8972 or the Solo consent was lacking. The and 14 for women.) Parents’ Welfare Act of 2000 CA stated that Albios and A primer on the Newborn Screening Fringer clearly did not Is there any prescribed form for the understand the nature and marriage ceremony? Act of 2004 consequence of getting ABS­CBN versus Willie Revillame married and that their case No prescribed form or religious rite for case: What is a TRO? was similar to a marriage in the solemnization of the marriage is jest. It further explained that required. It is necessary, however, for Ad cautelam: filing of pleadings as Albios and Fringer never the contracting parties to appear precaution or appearing in court intended to enter into the personally before the solemnizing officer even as you question its marriage contract and never and declare in the presence of not less jurisdiction intended to live as husband than two witnesses of legal age that they and wife or build a family. It take each other as husband and wife. Adultery, concubinage, marital concluded that their purpose This declaration must be contained in infidelity, and psychological was primarily for personal the marriage certificate which must be violence gain, that is, for Albios to signed by the contracting parties and obtain foreign citizenship, their witnesses and attested by the Amy Perez case: Psychological and for Fringer, the solemnizing officer. incapacity as ground for declaring consideration of $2,000. a marriage void If a party cannot sign the marriage Supreme Court rules that certificate, what can be done? Can a husband and wife in a the marriage is valid notarized document declare that In case of a marriage in articulo mortis, they are free to marry other Albios and Fringer’s when the party at the point of death is persons and they will not file marriage is not void ab initio unable to sign the marriage certificate, it http://famli.blogspot.com/2006/11/family-code-of-philippines-primer-on.html 3/71 6/10/2015 Legal Updates and free legal information Family Code Philippines: Family Code of the Philippines: Primer on marriage (from the start) and is sufficient for one of the witnesses to charges against each other? continues to be valid and the marriage to write the name of said subsisting. party, which fact must be attested by the Can a man who had a sex change solemnizing officer. operation have his birth certificate Consent was not lacking entry for gender changed from between Albios and Fringer. Who are authorized to solemnize “male” to female”? Their consent was marriages? conscious and intelligent as Can a mother be deprived of they understood the nature Art.