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insofar as they apply relating to the These are laws which must be
to the act, relation, subject matter in complied with for they are expressive
duty, or matter hand. It excuses or is of public policy.
under consideration. a ground for relief.
Directory or Permissive Laws
Ex: Ignorance of PH Ex: Ignorance of
LAWS Foreign Laws. Uses the word may.
The observance of such law is not
necessary to the validity of an act.
ARTICLE 4: Laws shall have no Violation of such law does not render
an act void or illegal.
retroactive effect, unless the contrary is
provided.
usurpation of the majesty of law by the should really be the next day, provided
pretenders to illegitimate power. said day is neither a Sunday nor a legal
holiday.
Requisites for making a Custom an
obligatory rule: ARTICLE 14: Penal laws and those of
public security and safety shall be
1. A custom must be proved as fact according obligatory upon all who live or sojourn in
to the rules of evidence. Philippine territory, subject to the
2. The custom must not be contrary to law, principles of public international law and
publics order and public policy. to treaty stipulations.
3. There must be a number of repeated acts.
4. The repeated acts must have been PRINCIPLE OF TERRITORIALITY
uniformly performed. General Rule:
5. There must be juridical intention to make a Our civil laws do not apply to aliens
rule of social conduct. who are governed by their national law.
6. There must be sufficient lapse of time. However, with respect with the RPC,
we adhere to the Principle of
KINDS OF CUSTOMS Territoriality such that any offense
committed within our territory offends
1. General Customs
the State.
Prevailing throughout the country and
Therefore, the State has the power to
become the law of that country, and
prosecute and punish offenders, may
their existence is to be determined by
he be a citizen or an alien. Reason of
the court.
such is because aliens owe some sort
2. Local Customs
of allegiance even if it be temporary.
Prevailing only in some particular district
Exceptions:
or locality, or some city, locality, or
town.
1) Under the Principles of Public
3. Particular Customs International Law
Affects only the inhabitants of some - Ex: Immunities granted to
particular district. diplomatic officials or foreign
ambassadors visiting the PH,
unless they travel in cognito (a
person who wants to remain
ARTICLE 13: When the law speaks of anonymous to the world and
years, months, days or nights, it shall be others.)
understood that years are of three 2) Under Treaty Stipulations
- Ex: Phil-Us Military Bases
hundred sixty-five days each; months, of
Agreement which exempts certain
thirty days; days, of twenty-four hours; members of the Armed Forces of
and nights from sunset to sunrise. the US from the jurisdiction of our
courts.
If months are designated by their name,
they shall be computed by the number of ARTICLE 15: Laws relating to family
days which they respectively have. rights and duties, or to the status,
condition and legal capacity of persons
In computing a period, the first day shall are binding upon citizens of the
be excluded, and the last day included. Philippines, even though living abroad.
However, intestate and testamentary When the acts referred to are executed
successions, both with respect to the before the diplomatic or consular officials
order of succession and to the amount of of the Republic of the Philippines in a
successional rights and to the intrinsic foreign country, the solemnities
validity of testamentary provisions, shall established by Philippine laws shall be
be regulated by the national law of the observed in their execution.
person whose succession is under
consideration, whatever may be the Prohibitive laws concerning persons, their
nature of the property and regardless of acts or property, and those which have
the country wherein said property may be for their object public order, public policy
found. and good customs shall not be rendered
ineffective by laws or judgments
1ST PARAGRAPH promulgated, or by determinations or
conventions agreed upon in a foreign
LEX SITUS or LEX REI SITAE property country.
shall be governed by the law of the place
where it is situated.
1ST PARAGRAPH
It applies to lands as well as to immovable
in transactions like sale, lease, barter, LEX LOCI CELEBRATIONIS (Interpretation
mortgage or other forms of alienation of and validity of a contract are determined
property. by the law of the country where the
Death opens the door to succession. contract was made) this article follows
this principle insofar as extrinsic validity
2ND PARAGRAPH (forms and solemnities) is concerned.
The exception of Lex Situs rule. FORMS external appearance or legal or
This only applies only when a legal or technical manner to be observed in the
testamentary sucession has taken place preparation of the contract, will or other
in the Philippines. public instruments for validity purposes.
Preferred issues are: SOLEMNITIES Those that must be
o Order of Succession observed for the purpose of: Validity,
Enforceability and Convenience.
o Amount of successional rights
o Intrinsic validity of the provisions of a 2nd PARAGRAPH
will
o Capacity to succeed The exception to the General Rule.
This paragraph recognizes the Principle of
RENVOI DOCTRINE Exterritoriality.
PRINCIPLE OF EXTERRITORIALITY
Referring Back where a law refers a extension of the territory of a country in
case to another country for solution, but another which extension is recognized
the law of the country refers it back to our under international law. (Ex: Embassy)
country for determination.
Case: Aznar vs. Garcia 3rd PARAGRAPH
TRANSITION THEORY a theory involving
three (3) countries. Related to Article 15.
ARTICLE 15: Laws relating to family
INTESTATE rights and duties, or to the status,
condition and legal capacity of persons
Without a will. are binding upon citizens of the
Legal or intestate heirs shall inherit the Philippines, even though living abroad.
estate.
ARTICLE 18: In matters which are
TESTATE governed by the Code of Commerce and
Deceased left either: special laws, their deficiency shall be
1. Notarial Will; or supplied by the provisions of this Code.
2. Holographic Will.
a. Entirely Handwritten; Civil Code is suppletory in nature
b. Dated by the testator in each
page; and This article speaks of deficiencies ad not
c. Signed by the testator in each inconsistencies.
page. If the Code of Commerce or Special Laws
are insufficient, the Civil Code shall be
ARTICLE 17: The forms and solemnities applied to supply the deficiency.
of contracts, wills, and other public General Rule: Conflict between the Civil
Code and a Special Law, the latter
instruments shall be governed by the
prevails.
laws of the country in which they are
for damages, entirely separate and shall be suspended until the termination
distinct from the criminal action, may be of the criminal proceedings.
brought by the injured party. Such civil
action shall proceed independently of the TAKE NOTE
criminal prosecution, and shall require This is a procedural provision for the
only a preponderance of evidence. reservation of civil actions.
(INDEPENDENT CIVIL ACTION) Art. 35 talks about where the acts
committed constitute a criminal offense
but there is no Independent Civil Action
DEFAMATION, FRAUD & PHYSICAL
authorized by law.
INJURY Example of situations:
Article 33 means that if the cases of Where the Municipal Judge who is
Defamation, Fraud or Physical Injury authorized to conduct preliminary
would be dismissed, the offended party investigation dismisses a criminal case
can still file for damages. for lack of reasonable ground to hold
the accused for trial; or
EFFECTS OF INTERVENTION IN A When the public prosecutor fails to
CRIMINAL CASE institute any criminal case against the
Offended party cannot intervene with the alleged offender.
criminal case if he has filed a separate
civil action. ARTICLE 36: Prejudicial questions, which
If the Offended party intervenes, he must be decided before any criminal
cannot file for a civil action to recover
prosecution may be instituted or may
moral or exemplary damages.
proceed, shall be governed by the rules of
ARTICLE 34: When a member of a city or court which the Supreme Court shall
municipal police force refuses or fails to promulgate and which shall not be in
render aid or protection to any person in conflict with the provisions of this Code.
case of danger to life or property, such
PREJUDICIAL QUESTION
peace officer shall be primarily liable for
Based on a fact distinct and separate
damages, and the city or municipality from the crime but so intimately
shall be subsidiarily responsible therefor. connected with it that it determines the
The civil action herein recognized shall be guilt or innocence if the accused, and for
independent of any criminal proceedings, it to suspend the criminal action, it must
and a preponderance of evidence shall appear not only that said case involves
suffice to support such action. facts intimately related to those upon
(INDEPENDENT CIVIL ACTION) which the criminal prosecution would be
based but also that in the resolution of
TAKE NOTE the issue raised in the civil case, the guilt
Primarily Liable: Police Officer. or innocence of the accused would be
Subsidiarily Liable: City or Municipality. necessarily determined.
(If the Police Officer is Insolvent) In raising a prejudicial question, file a
motion to suspend the proceedings.
circumstances from which it can be inferred, the disposed of in pursuance of law or the
survivorship is determined from the probabilities
charter creating them. If nothing has
resulting from the strength and age of the sexes,
according to the following rules: been specified on this point, the property
and other assets shall be applied to
1. If both were under the age of fifteen (15) similar purposes for the benefit of the
years, the older is presumed to have region, province, city or municipality
survived;
2. If both were above the age of sixty (60),
which during the existence of the
the younger is presumed to have survived; institution derived the principal benefits
3. If one is under fifteen (15) and the other is from the same.
above sixty (60), the former is presumed to
have survived;
4. If both be over fifteen (15) and under (60),
ARTICLE 48: The following are citizens of
and the sexes be different, the male is
presumed to have survived; if the sexes be the Philippines:
the same, then the older;
5. If one be under fifteen (15) or over sixty, 1) Those who were citizens of the
and the other between those ages, the Philippines at the time of the adoption
latter is presumed to have survived.
of the Constitution of the Philippines;
(NOTE: The following articles are codal 2) Those born in the Philippines of
and procedural provisions.) foreign parents who, before the
adoption of said Constitution, had
ARTICLE 44: The following are juridical been elected to public office in the
persons: Philippines;
3) Those whose father are citizens of the
1) The State and its political Philippines;
subdivisions; 4) Those whose mothers are citizens of
2) Other corporations, institutions and the Philippines and, upon reaching the
entities for public interest or purpose, age of majority, elect Philippine
created by law; their personality Citizenship;
begins as soon as they have been 5) Those who are naturalized in
constituted according to law; accordance with law.
3) Corporations, partnerships and
associations for private interest or
purpose to which the law grants a ARTICLE 49: Naturalization and the loss
juridical personality, separate and and reacquisition of citizenship of the
distinct from that of each shareholder, Philippines are governed by special laws.
partner or member.
ARTICLE 50: For the exercise of civil
ARTICLE 45: Juridical persons mentions rights and fulfillment of civil obligations,
in Nos. 1 and 2 of the preceding article the domicile of natural persons is the
are governed by the laws creating or place of their habitual residence.
recognizing them.
ARTICLE 51: When the law creating or
Private corporations are regulated by the
recognizing them, or any other provision
laws of general application on the subject.
does not fix the domicile of juridical
persons, the same shall be understood to
Partnerships and associations for private
be the place where their legal
interest or purpose are governed by the
representation is established or where
provisions of this Code concerning
they exercise their principal functions.
partnerships.
Characteristics of Marriage:
It is a special contract.
It is a permanent union.
Union between a man and a
woman.
Union must be in accordance with
the law.
Purpose of marriage is the
establishment of conjugal and
family life.
A defect in the consent of either party, however, for the contracting parties to
wherein such consent was given under
appear personally before the solemnizing
any of the circumstances that vitiate
consent under Article 45 and 46. officer and declare in the presence of not
less than two witnesses of legal age that
Examples of void marriage because of they take each other as husband and
ABSENCE of FORMAL requisite: wife. This declaration shall be contained
Absence of Authority of Solemnizing Officer
Marriage solemnized by a judge who
in the marriage certificate which shall be
has already retired signed by the contracting parties and
Marriage solemnized by a judge outside their witnesses and attested by the
his territorial jurisdiction solemnizing officer.
Marriage solemnized by a person who
only pretended to be a judge or a priest.
Marriage solemnized by a priest who In case of a marriage in articulo mortis,
has no authority from his church to when the party at the point of death is
solemnize marriages, or who is not unable to sign the marriage certificate, it
registered with the Office of the Civil shall be sufficient for one of the witnesses
Registrar General under Article 7 (2),
subject to exception provided under
to the marriage to write the name of said
Article 35 (2) party, which fact shall be attested by the
Absence of a valid marriage license solemnizing officer.
A marriage with no license, unless it
falls under Article 27 to 34. NOTE:
A marriage with expired license No particular form of ceremony is needed,
Absence of Marriage Ceremony as long as it is before a duly authorized
Common-law marriages where the person.
parties just live together as husband It is only the appearance of the contracting
and wife without the marriage ceremony parties before the solemnizing officer
Marriage by proxy required by this article that is a formal
requisite of marriage under Article 3(3), so
Effect of IRREGULARITY in any formal that in the absence of such appearance, the
requisites: marriage is void.
Irregularity in any formal requisite of The other requirements in this article will not
marriage does not affect its validity, but the render the marriage void eve if they are
party or parties responsible for the totally lacking:
irregularity are civilly, criminally and There was no witness to the marriage
administratively liable. The parties did not orally declare before
Examples of these irregularities are: the solemnizing officer that they take
Lack of Legal age of witness each other as husband and wife.
Failure to comply with the requirements There was no marriage certificate or
under Article 12 contract
Non-observance of 3 month period
under Article 15, and failure to comply Article 7. Marriage may be solemnized
with requirement of notice under Article
17.
by:
NOTE:
There is no such thing as Secret marriage (1) Any incumbent member of the
since it ordinarily applies to a civil marriage judiciary within the court's jurisdiction;
celebrated without the knowledge of the
relatives or friends of the spouses.
(2) Any priest, rabbi, imam, or minister of
Article 5. Any male or female of the age any church or religious sect duly
of eighteen years or upwards not under authorized by his church or religious sect
any of the impediments mentioned in and registered with the civil registrar
Articles 37 and 38, may contract general, acting within the limits of the
marriage. written authority granted by his church or
religious sect and provided that at least
NOTE: one of the contracting parties belongs to
This is an Essential Requirement the solemnizing officer's church or
Both parties must not suffer from legal religious sect;
impediment of blood relationship as to render
the marriage incestuous under Article 37 or of a
certain relationship as to render the marriage (3) Any ship captain or airplane chief only
void for reasons of public policy under Article in the case mentioned in Article 31;
38.
Obliged to still comply with other essential and
(4) Any military commander of a unit to
formal requisites.
which a chaplain is assigned, in the
Article 6. No prescribed form or religious absence of the latter, during a military
rite for the solemnization of the marriage operation, likewise only in the cases
is required. It shall be necessary, mentioned in Article 32;
(5) Any consul-general, consul or vice- The said chaplain must be absent at
the time of the marriage
consul in the case provided in Article 10.
The marriage must be one of articulo
mortis
NOTE:
The contracting parties, whether
This is an exclusive provision
members of the armed forces or
The following are the only persons who can
civilians, must be within the zone of
solemnize marriages:
military operation.
The military commander must
Members of the judiciary
be a commissioned officer
Supreme Court, Court of Appeals,
(Article 32), not a mere corporal
RTC and MTC, Sandiganbayan.
or sergeant. He must at least
SC, CA and Sandiganbayan has
have a rank of 2nd lieutenant.
jurisdiction over the Philippines.
He solemnizes marriages in
RTC and MTC is bounded by their
Articulo Mortis only in the
jurisdiction only
absence of the chaplain.
If marriage is done outside their
The unit of the military
jurisdiction, it does not immediately
commander must be a battalion,
invalidate the marriage but the
not just a company.
judge shall be administratively
liable.
Consuls general, Consul and Vice
Consuls
Priests, rabbis, imam and ministers
(Consular posts are divided into four
of any church.
classes:)
(These requisites must concur:)
Consul- general
They must be duly authorized by his
Consul
church or religious sect.
Vice-consul
Must act within the limits of the
Consul agents
written authority granted to him or
Only in the cases provided in Article
her by the church or religious sect.
10 may they solemnize marriages;
They registered with the Office of the
i.e. marriage between Filipinos
Civil Registrar General
abroad in the foreign assignments
It is required that at least one of the
of these officials
contracting parties belongs to the
Consuls on home assignment in the
solemnizing officers church or
Philippines cannot solemnize
religious sect, and the religious sect,
marriages.
and the religion of the parties must
be stated in their marriage contract
Mayors
in accordance to Article 2 (2)
From August 3, 1987 to December
Take Note:
The priest or minister has the duty to 31, 1991, mayors were NOT
present his authority to the parties if authorized to solemnize marriage
so requested by them. From January 1, 1992 Present,
If the solemnizing officer is not under mayors are now allowed to
a religious sect, there is irregularity. solemnize marriage by virtue of the
Local Government Code.
Ship captains and airplane chiefs
The following requisites must concur: Article 8. The marriage shall be
These persons can solemnize
marriages only in articulo mortis. solemnized publicly in the chambers of
Marriage must between passengers the judge or in open court, in the church,
or crew member under Article 31. chapel or temple, or in the office the
Generally, the ship must be at sea consul-general, consul or vice-consul, as
or the plane must be in flight.
the case may be, and not elsewhere,
The marriage may be solemnized even except in cases of marriages contracted
during stop overs at ports of call, on the point of death or in remote places
because the authority is given during in accordance with Article 29 of this Code,
voyage and in such cases, the voyage is or where both of the parties request the
not yet terminated.
The solemnizing officer must be the
solemnizing officer in writing in which
captain of the ship, or the chief pilot of case the marriage may be solemnized at
the airplane. a house or place designated by them in a
Assistant pilot has no authority to sworn statement to that effect.
solemnize the marriage even if the
captain dies and he has to assume Note:
command. This provision is only directory, not
mandatory.
Military Commanders of a Unit A marriage cannot be solemnized by a judge
(Following requisites must concur:) on a Sunday, which not an office day.
He or she must be a military Instance were public solemnization is not
commander of a unit needed:
He or she must be a commissioned Marriage in chambers of the Justice or
officer Judge;
A chaplain must be assigned to such In marriage in Articulo Mortis;
unit
swear to the correctness of the lawful age of The parental consent must be for the child to
said parties, as stated in the application, or marry a specific person, it cannot be consent to
when the local civil registrar shall, by merely marry anyone.
looking at the applicants upon their personally
appearing before him, be convinced that Article 15. Any contracting party
either or both of them have the required age. between the age of twenty-one and
twenty-five shall be obliged to ask their
Article 13. In case either of the contracting parents or guardian for advice upon the
parties has been previously married, the intended marriage. If they do not obtain
applicant shall be required to furnish, instead such advice, or if it be unfavorable, the
of the birth or baptismal certificate required in marriage license shall not be issued till
the last preceding article, the death certificate after three months following the
of the deceased spouse or the judicial decree completion of the publication of the
of the absolute divorce, or the judicial decree
application therefor. A sworn statement
of annulment or declaration of nullity of his or
her previous marriage. by the contracting parties to the effect
In case the death certificate cannot be that such advice has been sought,
secured, the party shall make an affidavit together with the written advice given, if
setting forth this circumstance and his or her any, shall be attached to the application
actual civil status and the name and date of for marriage license. Should the parents
death of the deceased spouse. or guardian refuse to give any advice,
this fact shall be stated in the sworn
NOTE:
statement.
Article 11, 12 and 13 are just mere codals and
are the Job of the Civil Registry in terms of NOTE:
marriage. This is just a parental advice
Lack thereof does not impede the marriage,
merely suspends the issuance of the marriage
Article 14. In case either or both of the license
contracting parties, not having been The 3 month period is computed from the
emancipated by a previous marriage, are completion of the 10 day publication of the
between the ages of eighteen and application for marriage license.
If the parties get married without a license,
twenty-one, they shall, in addition to the
their marriage is void.
requirements of the preceding articles, If they get a license without the required
exhibit to the local civil registrar, the parental advice, the marriage is still valid, but
consent to their marriage of their father, they will be liable criminally and civilly for
mother, surviving parent or guardian, or falsifying their application for marriage license.
persons having legal charge of them, in
the order mentioned. Such consent shall Article 16. In the cases where parental
be manifested in writing by the interested consent or parental advice is needed, the
party, who personally appears before the party or parties concerned shall, in
proper local civil registrar, or in the form addition to the requirements of the
of an affidavit made in the presence of preceding articles, attach a certificate
two witnesses and attested before any issued by a priest, imam or minister
official authorized by law to administer authorized to solemnize marriage under
oaths. The personal manifestation shall Article 7 of this Code or a marriage
be recorded in both applications for counselor duly accredited by the proper
marriage license, and the affidavit, if one government agency to the effect that the
is executed instead, shall be attached to contracting parties have undergone
said applications. marriage counseling. Failure to attach
said certificates of marriage counseling
NOTE: shall suspend the issuance of the
If the marriage is solemnized without the marriage license for a period of three
parental consent required in this Article, the months from the completion of the
marriage is voidable.
Parental Consent is required if the girl or boy is
publication of the application. Issuance of
18 and above but below 21 years of age. the marriage license within the prohibited
If the applicant has already been previously period shall subject the issuing officer to
emancipated by a previous marriage, although administrative sanctions but shall not
still below 21 years, he or she does not need affect the validity of the marriage.
parental consent.
The parental consent may be in the form of a
sworn statement acknowledged in the presence Should only one of the contracting parties
of the two witnesses before any official need parental consent or parental advice,
authorized to administer oath, or the parents or the other party must be present at the
guardian may appear personally before the local
counseling referred to in the preceding
civil registrar and accomplish the written
consent before him. paragraph.
NOTE: NOTE:
18 21 years old needs Parental Consent Codal ra bes.
21 25 years old needs Parental Advice
Marriage Counseling should be done by a priest,
Article 20. The license shall be valid in
imam, or minister or a duly accredited marriage
counselor. any part of the Philippines for a period of
If only one part is in need of parental consent or one hundred twenty days from the date
parental advice, the other party must be of issue, and shall be deemed
present at the counseling. automatically canceled at the expiration
of the said period if the contracting
Article 17. The local civil registrar shall
parties have not made use of it. The
prepare a notice which shall contain the full
names and residences of the applicants for a expiry date shall be stamped in bold
marriage license and other data given in the characters on the face of every license
applications. The notice shall be posted for issued.
ten consecutive days on a bulletin board
outside the office of the local civil registrar Article 21. When either or both of the
located in a conspicuous place within the contracting parties are citizens of a
building and accessible to the general public. foreign country, it shall be necessary for
This notice shall request all persons having them before a marriage license can be
knowledge of any impediment to the marriage
obtained, to submit a certificate of legal
to advise the local civil registrar thereof. The
marriage license shall be issued after the capacity to contract marriage, issued by
completion of the period of publication. their respective diplomatic or consular
officials.
NOTE:
Posting of the application for the marriage Stateless persons or refugees from other
license is an indispensable requirement for the
countries shall, in lieu of the certificate of
issuance of the marriage license.
10 day notice or publication is made through legal capacity herein required, submit an
way of notice in a bulletin board. affidavit stating the circumstances
A marriage celebrated on the basis of a showing such capacity to contract
marriage license that did not comply with this marriage.
provision shall be valid but makes the civil
registry who issued such license civilly,
NOTE:
criminally and administratively liable.
Article 21 applies where either or both are
Publication is for the people to help them know
citizens or subjects of a foreign country
if there is a legal impediment on the part of the
In general, capacity of foreigners to contract a
contracting parties.
marriage in the Philippines is subject to their
personal law, thus, they are required under this
Article 18. In case of any impediment known to Article to obtain a certificate of legal capacity.
the local civil registrar or brought to his attention, The legal capacity should be issued by the
he shall note down the particulars thereof and his proper diplomatic officials or consular officials.
findings thereon in the application for marriage A divorced foreigner can be issued a marriage
license, but shall nonetheless issue said license license to marry again in the Philippines
after the completion of the period of publication, provided he can present the certificate above
unless ordered otherwise by a competent court at mentioned, which means that his divorce is
his own instance or that of any interest party. No recognized by his own country.
filing fee shall be charged for the petition nor a If the foreigner is stateless or a refugee from
corresponding bond required for the issuances of another country, so that there is no embassy or
the order. consular office from which he can get the
above-mentioned certificate, it is enough that
NOTE: he executes an affidavit stating the
Their only job is to note the legal impediment circumstances showing his capacity to contract
reported to them and not impede the issuance marriage.
of the marriage license.
Kailangan ipa-agi sa court if gusto gyud nimo Article 22. The marriage certificate, in which the
siya ipaglaban. Pero ayaw na lang kay dili man parties shall declare that they take each other as
gihapon ikaw iyang love. Mahago raka. husband and wife, shall also state:
(1) The full name, sex and age of each contracting
Article 19. The local civil registrar shall require party;
the payment of the fees prescribed by law or (2) Their citizenship, religion and habitual
regulations before the issuance of the marriage residence;
license. No other sum shall be collected in the (3) The date and precise time of the celebration of
nature of a fee or tax of any kind for the issuance the marriage;
of said license. It shall, however, be issued free of (4) That the proper marriage license has been
charge to indigent parties, that is those who have issued according to law, except in marriage
no visible means of income or whose income is provided for in Chapter 2 of this Title;
insufficient for their subsistence a fact established (5) That either or both of the contracting parties
by their affidavit, or by their oath before the local have secured the parental consent in appropriate
civil registrar. cases;
(6) That either or both of the contracting parties the country where they were solemnized, and valid
have complied with the legal requirement there as such, shall also be valid in this country,
regarding parental advice in appropriate cases; except those prohibited under Articles 35 (1), (4),
and (5) and (6), 3637 and 38.
(7) That the parties have entered into marriage
settlement, if any, attaching a copy thereof. Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
NOTE: thereafter validly obtained abroad by the alien
The marriage certificate is not an essential or spouse capacitating him or her to remarry, the
formal requisite of marriage without which the Filipino spouse shall have capacity to remarry
marriage will be void. The best documentary under Philippine law. (As amended by Executive
evidence of a marriage contract or the marriage Order 227)
certificate.
In Trinidad VS. CA, the fact of marriage may be NOTE:
proven by the following: b if valid in the country where celebrated, it is
Testimony of a witness to the matrimony also valid in the Philippines (doctrine of lex loci
Couples public and open cohabitation as celebrationis or the law of the place of
husband and wife after the alleged wedlock celebration)
Birth and baptismal certificates of children EXCEPTIONS: those prohibited under Article 35
born during such union (1,4,5 and 6), 36, 37, and 38 of the Family
Mention of such nuptial in subsequent Code
documents. Article 26 on the validity of foreign marriages
applies only to Filipinos.
Article 23. It shall be the duty of the person Foreign Marriages of Foreigners or of Filipinos
solemnizing the marriage to furnish either of the and a Foreigner are governed by the rules on
contracting parties the original of the marriage Conflict of Laws.
certificate referred to in Article 6 and to send the Requirements to prove foreign marriage:
duplicate and triplicate copies of the certificate not Existence of the pertinent provision of the
later than fifteen days after the marriage, to the foreign marriage law.
local civil registrar of the place where the marriage Foreign law are matters of fact that must
was solemnized. Proper receipts shall be issued by be alleged and proved considering that our
the local civil registrar to the solemnizing officer courts do not take judicial notice thereof.
transmitting copies of the marriage certificate. The Celebration or performance of the marriage
solemnizing officer shall retain in his file the in accordance with said law.
quadruplicate copy of the marriage certificate, the Effect of Divorce of a marriage between a
copy of the marriage certificate, the original of the Filipino citizen and a foreigner
marriage license and, in proper cases, the affidavit If validly obtained abroad by the alien
of the contracting party regarding the spouse, the Filipino spouse will have the
solemnization of the marriage in place other than same liberty.
those mentioned in Article 8.
NOTE: CHAPTER 2
Four Copies of the marriage contract/certificate MARRIAGES EXEMPTED FROM
must be made, as follows:
The original shall be given to either of the
LICENSE REQUIREMENT
contracting parties;
The duplicate and triplicate shall be sent Marriages exempt from Marriage
not later than 15 days after the marriage License:
to the local civil registry of the place where 1. Marriage in Articulo Mortis.
the marriage was solemnized (Article 27)
The quadruplicate shall be retained by the 2. Marriage in a Remote Place.
solemnizing officer, together with the (Article 28)
marriage license 3. Marriages among Muslims and among
It is the duty of the solemnizing officer to
members of the ethnic cultural
furnish copies of the marriage contract.
communities provided that they are
solemnized in accordance with their
Article 24. It shall be the duty of the local civil
registrar to prepare the documents required by this customs, rites and practices.
Title, and to administer oaths to all interested (Article 33)
parties without any charge in both cases. The 4. Ratification of Marital Cohabitation.
documents and affidavits filed in connection with (Article 34)
applications for marriage licenses shall be exempt
from documentary stamp tax. ARTICLE 27: In case either or both of the
contracting parties are at the point of
Article 25. The local civil registrar concerned shall death, the marriage may be solemnized
enter all applications for marriage licenses filed
with him in a registry book strictly in the order in
without necessity of a marriage license
which the same are received. He shall record in and shall remain valid even if the ailing
said book the names of the applicants, the date on party subsequently survives. (72a)
which the marriage license was issued, and such
other data as may be necessary. MARRIAGE IN ARTICULO MORTIS
Articulo Mortis One or both of the contracting
Article 26. All marriages solemnized outside the parties are dying or at the Point of Death.
Philippines, in accordance with the laws in force in
May be solemnized by a priest or minister of where it was performed within the period
any religious sect, judge, or any person of thirty days after the performance of the
referred to in Article 31 and 32 in the special
cases covered by said Articles. marriage. (75a)
The married remains valid without need of a
new marriage ceremony if the ailing or dying PROCEDURAL ARTICLE
party survives or does not die. The Solemnizing Officer must send the original
affidavit (mentioned in preceding article) and
At the point of Danger of death. a copy of the marriage contract to the LCR of
death. the municipality it was performed within thirty
Refers to a Refers to a situation (30) days from performance of marriage.
situation wherein wherein one is only in Failure to do so will not invalidate or void the
one is between life danger of dying but not marriage of the parties.
and death or at the point of dying.
already dying. ARTICLE 31: A marriage in articulo
mortis between passengers or crew
ARTICLE 28: If the residence of either members may also be solemnized by a
party is so located that there is no means ship captain or by an airplane pilot not
of transportation to enable such party to only while the ship is at sea or the plane
appear personally before the local civil is in flight, but also during stopovers at
registrar, the marriage may be ports of call. (74a)
solemnized without necessity of a
marriage license. (72a) MARRIAGE IN SHIPS/AIRCRAFTS
Marriage in Articulo Mortis between
REMOTE or DISTANT PLACES passengers may be solemnized by a Ship
This article covers marriage in remote or Captain or Airplane Pilot, not only while at sea
distant places. or flight but also during stopovers or ports of
All that is required is that the residence of call.
either party is located in place where there is
no means of transportation to enable such
party to appear before the Local Civil
Registrar. ARTICLE 32: A military commander of a
unit, who is a commissioned officer, shall
likewise have authority to solemnize
ARTICLE 29: In the cases provided for in marriages in articulo mortis between
the two preceding articles, the persons within the zone of military
solemnizing officer shall state in an operation, whether members of the
affidavit executed before the local civil armed forces or civilians. (74a)
registrar or any other person legally
authorized to administer oaths that the SOLEMNIZATION BY A MILITARY
marriage was performed in articulo mortis COMMANDER
NOTE: Military Commander must be a
or that the residence of either party, Commissioned Officer.
specifying the barrio or barangay, is so The marriage may be members of the armed
located that there is no means of forces or civilians.
transportation to enable such party to The Military Commander can only solemnize
the marriage in Articulo Mortis in the absence
appear personally before the local civil of a Chaplain. (Refer to Art. 7)
registrar and that the officer took the
necessary steps to ascertain the ages and
relationship of the contracting parties and
ARTICLE 33: Marriages among Muslims
the absence of legal impediment to the
or among members of the ethnic cultural
marriage. (72a)
communities may be performed validly
without the necessity of marriage license,
PROVING THE EXEMPTION FROM THE
provided they are solemnized in
MARRIAGE LICENSE
The purpose of the affidavit mentioned in this
accordance with their customs, rites or
article is for the Solemnizing Officer to prove practices. (78a)
the exemption of the parties in complying with
the Marriage License. MUSLIMS and OTHER ETHNIC
But even if the Solemnizing Officer fails to
CULTURAL COMMUNITIES
execute the affidavit, such irregularity will not
Their marriages are exempt from the
invalidate or void the marriage of the parties.
requirement of a Marriage License, as long as
the parties belong to Muslim or other cultural
ARTICLE 30: The original of the affidavit communities.
required in the last preceding article, Even if such marriages are held outside non-
together with the legible copy of the Christian provinces.
marriage contract, shall be sent by the
person solemnizing the marriage to the
local civil registrar of the municipality ARTICLE 34: No license shall be
necessary for the marriage of a man and
a woman who have lived together as (1) Those contracted by any party
husband and wife for at least five years below eighteen years of age even with
and without any legal impediment to the consent of parents or guardians;
marry each other. The contracting parties
(2) Those solemnized by any person
shall state the foregoing facts in an
not legally authorized to perform
affidavit before any person authorized by
marriages unless such marriages were
law to administer oaths. The solemnizing
contracted with either or both parties
officer shall also state under oath that he
believing in good faith that the
ascertained the qualifications of the
solemnizing officer had the legal
contracting parties are found no legal
authority to do so;
impediment to the marriage. (76a)
(3) Those solemnized without license,
Requisites for the Ratification of except those covered the preceding
Marital Cohabitation: (Based on the Chapter;
ruling in the case of Manzano vs. Sanchez) (4) Those bigamous or polygamous
1) The man and woman must be living
marriages not failing under Article 41;
together as husband and wife for at least
five (5) years before the marriage; (5) Those contracted through mistake
2) The marriage must have no legal of one contracting party as to the
impediment to marry each other; identity of the other; and
3) The fact of absence of legal impediment
between the parties must be present at (6) Those subsequent marriages that
the time of the marriage, not during their are void under Article 53.
five year cohabitation;
4) The parties must execute an affidavit TAKE NOTE
stating that they have lived together for The enumeration of void marriages under this
at least five (5) years; and article is not intended to be exclusive, as there
5) The Solemnizing Officer must also are marriages which lack any of the essential
execute a sworn statement that he had or formal requisites of marriage under Articles
ascertained the qualifications of the 2 and 3 and are void even if this Article does
parties of the marriage and that he had not include them.
found no legal impediment to their
marriage. VOID MARRIAGES FROM THE VERY
BEGINNING
CHAPTER 3 Contracted by parties below 18 years.
VOID AND VOIDABLE MARRIAGES Marriage is void even if there is Parental
Consent.
Category Void Marriage Voidable Lacking the essential requisite of legal
Marriage capacity between contracting parties. [Art.
1. As to Nature Inexistent from Valid until 2 (1)]
the time of annulled by Solemnized by a person with no authority.
performance. competent court.
Applies to persons who failed to obtain
2. As to Cannot be Can be
susceptibility convalidated. convalidated license from the LCR in order to solemnize
of
either by free a marriage.
convalidation
cohabitation or However, marriage remains valid if either
prescription. or both contracting parties believed in
3. As to effect on No community Absolute Good Faith that the solemnizing officer had
property property, only community exists legal authority to do so.
co-ownership. unless another Good Faith: means after reasonable inquiry
(Art. 147) system is agreed
upon in marriage
and investigation.
settlement. Solemnized without a marriage license.
4. As to effect on Children are Children are Subject to exception under articles 27, 28,
children illegitimate legitimate if 33 and 34. (Preceding chapter)
under Art. 165. conceived before Bigamous or Polygamous marriage.
(Subject to decree of Good Faith in this case is IMMATERIAL.
exceptions). annulment. Exception: Voidable Marriage under Article
5. As to how a) May be a) Cannot be
marriage may 41.
attacked directly attacked
be impugned or collaterally, but collaterally, only Contracted through mistake of one party as to
for purpose of directly. (There identity of the other.
remarriage, there must be a Decree Mistake here is Physical Identity of the
must be judicial of Annulment). party. There is substitution of one party
declaration of without the knowledge of the other party.
nullity. (Art. 40) Here, it is considered that there is an
b) Can still be b) Can no longer be
absence of the essential requisite of
impugned even impugned after the Consent.
after the death of death of one of the Not mistake in character, health, rank,
parties. parties. fortune or chastity of one party.
Void under Article 53.
Contracting marriage without complying
ARTICLE 35: The following marriages with the requisites of Article 52 is null and
shall be void from the beginning: void under Article 53.
Requirements of Article 52:
A1+A1w
Molina Doctrine
1. The burden of proof to show the nullity of the
marriage belongs to the plaintiff.
2. The root cause of the psychological incapacity B1+B1w B2+B2w
must be:
a. Medically or clinically identified;
b. Alleged in the complaint; C1+C1w C2+C2w
c. Sufficiently proven by experts; and
d. Clearly explained in the decision.
3. The incapacity must be proven to be existing at Husband Wife
the time of the celebration of the marriage.
(This illustration shows the relationship up to There is no prescription for actions or defense
the 6th Civil Degree. This marriage is VALID. for the Declaration of Absolute Nullity of
There is no law saying that you cannot marry Marriage.
your second cousin.)
ARTICLE 38: The following marriages ARTICLE 40: The absolute nullity of a
shall be void from the beginning for previous marriage may be invoked for
reasons of public policy: purposes of remarriage on the basis
solely of a final judgment declaring such
1) Between collateral blood relatives previous marriage void. (n)
whether legitimate or illegitimate, up
to the fourth civil degree; JUDICIAL DECLARATION OF NULLITY
2) Between step-parents and step- OF MARRIAGE
children; A void marriage must first be declared void for
3) Between parents-in-law and children-in- the purposes of remarriage.
law; Only competent courts have such authority.
If parties fail to acquire the Judicial Declaration
4) Between the adopting parent and the for the Nullity of Marriage, and if one contracts
adopted child; a second marriage, the second marriage will
5) Between the surviving spouse of the also be void.
adopting parent and the adopted child; Article 40 is applicable to remarriages entered
into after the effectivity of the FC on August 3,
6) Between the surviving spouse of the
1988 regardless of the date of the first
adopted child and the adopter; marriage (Atienza vs. Brillantes).
7) Between an adopted child and a Article 40 is a Rule of Procedure and is
legitimate child of the adopter; therefore retroactive insofar as it does not
8) Between adopted children of the same prejudice or impair vested or acquired rights in
accordance with the Civil Code or other laws.
adopter; and
9) Between parties where one, with the
Rules on Declaration of Absolute
intention to marry the other, killed that
Nullity of Void Marriages:
other person's spouse, or his or her 1. Action or defense for the declaration of
own spouse. (82) absolute nullity of marriage does not
prescribe;
VOID DUE TO PUBLIC POLICY 2. Only Husband and Wife can file the petition
These are void marriages due to Public Policy. before the Family Court; and
Art. 38 (9): There must be final judgment 3. The petition must specifically allege the
stating that the killing was motivated by ones complete facts including physical
intention to marry another. (If not, marriage is manifestation, if any, showing either or
valid.) both parties were psychologically
Additional relationships that are void which are incapacitated from complying with the
not included in Articles 37 and 38 are: Essential Marital Obligations of marriage
o Brother-in-law and Sister-in-law even if such incapacity becomes manifest
o Stepbrother and Stepsister only after its celebration. Expert opinion
o Guardian and Ward need not be alleged.
o Adopted and illegitimate child of the
Adopter Rules on Annulment of Marriages:
o Adopted Son of the Husband and the 1. Persons given the right to file action.
Adopted Daughter of the Wife (Article 45, FC)
o Parties who have been convicted of 2. Prescriptive period.
Adultery or Concubinage (Article 47, FC)
paragraph the spouse present must ARTICLE 42: The subsequent marriage
institute a summary proceeding as referred to in the preceding Article shall
provided in this Code for the declaration be automatically terminated by the
of presumptive death of the absentee, recording of the affidavit of reappearance
without prejudice to the effect of of the absent spouse, unless there is a
reappearance of the absent spouse. (83a) judgment annulling the previous marriage
or declaring it void ab initio.
VOID and VOIDABLE BIGAMOUS
MARRIAGE A sworn statement of the fact and
General Rule: A marriage contracted by any circumstances of reappearance shall be
person during subsistence of a previous recorded in the civil registry of the
marriage shall be null and void. residence of the parties to the
Exemption: Unless before the celebration of
the subsequent marriage, the prior spouse had
subsequent marriage at the instance of
been absent for four (4) consecutive years any interested person, with due notice to
(two (2) years, if there is danger of death) and the spouses of the subsequent marriage
the spouse present has a well-founded belief and without prejudice to the fact of
that the absent spouse was already dead.
reappearance being judicially determined
Kinds of Bigamous Marriages: in case such fact is disputed. (n)
1. Void Bigamous Marriage
Contracted by a person during the
subsistence of his or her previous
marriage. Here the good faith of the TERMINATION OF SUBSEQUENT
party who marries again is immaterial; MARRIAGE
the second marriage would still be The subsequent marriage (Article 41) shall be
void. On the other hand, the person automatically terminated by the recording of
who marries again in bad faith is even an Affidavit of Reappearance of the absent
criminally liable for bigamy. spouse in the office of the LCR of the
2. Voidable Bigamous Marriage residence of the parties to second marriage.
Contracted by a person whose spouse Affidavit of Reappearance may be executed
had been absent for four (4) by:
consecutive years or two (2) years, 1. Returning spouse; and
said person having well-founded belief 2. Any interested party.
that his or her absent spouse was The fact of reappearance may be referred to
already dead, and after having the the courts in a proper action if such fact is
latter judicially declared presumptively disputed.
dead in a summary proceeding as The automatic termination of the second
provided by the Code. marriage will not apply if the previous
Four (4) years: in ordinary absence. marriage of present and returning spouse has
Two (2) years: in extraordinary been annulled or declared void by the courts.
absence under Article 391 of the Civil The law is silent as to the effect if the
Code). absentee spouse refuses to execute the
Article 391 of the Civil Code applies in affidavit of reappearance.
circumstances when there is Danger of
Death, namely:
1. The missing persons was on board a
vessel lost during a sea voyage, or an
airplane which is missing;
2. The missing person as in the armed forces
and had taken part in war; or,
3. The missing person was in danger of death ARTICLE 43: The termination of the
under other circumstances. subsequent marriage referred to in the
(Take Note: The two (2) year period of
absence shall be computed from the day
preceding Article shall produce the
the even from which death was following effects:
presumed.)
1) The children of the subsequent
Requisites for the Declaration of marriage conceived prior to its
Presumptive Death under Article 41 of
termination shall be considered
the FC: (Based in the case of Republic vs.
Nolasco) legitimate;
1. That the absent spouse has been missing for 2) The absolute community of property or
four (4) consecutive years, or two (2) the conjugal partnership, as the case
consecutive years if the disappearance occurred may be, shall be dissolved and
where there is danger of death under the liquidated, but if either spouse
circumstances laid down in Article 391 of the
Civil Code; contracted said marriage in bad faith,
2. That the present spouse wishes to remarry; his or her share of the net profits of the
3. That the present spouse has a well-founded community property or conjugal
belief that the absentee is dead; and partnership property shall be forfeited
4. That the present spouse files a summary
proceeding for the declaration of presumptive
in favor of the common children or, if
death of the absentee. there are none, the children of the
If both acted in bad faith, marriage will be void 1. Lack of parental consent
ab ignition and donations will be revoked by This applied to parties who, being 18
operations of law. above but below 21 years of age, get
married without Parental Consent.
May be ratified if after 21 years of age
they freely cohabit with each other.
ARTICLE 45: A marriage may be
annulled for any of the following causes, 2. Insanity of one of the parties
existing at the time of the marriage: Mere mental weakness does not
deprive a party to understand the
consequence he or she is taking, thus,
1) That the party in whose behalf it is it does not affect validity of marriage,
sought to have the marriage annulled unless amount of psychological
was eighteen years of age or over but
4) For causes mentioned in number 4 of and the custody and support of their
Article 45, by the injured party, within common children. The Court shall give
five years from the time the force, paramount consideration to the moral
intimidation or undue influence and material welfare of said children and
disappeared or ceased; their choice of the parent with whom they
5) For causes mentioned in number 5 and wish to remain as provided to in Title IX. It
6 of Article 45, by the injured party, shall also provide for appropriate
within five years after the marriage. visitation rights of the other parent. (n)
(87a)
SUPPORT OF THE SPOUSE AND THE
PRESCRIPTION OF ACTION COMMON CHILDREN
Refer to the table at the back. During the pendency of action and the
absence of adequate provisions in a written
agreement between the spouses, the court
ARTICLE 48: In all cases of annulment or shall:
declaration of absolute nullity of 1. Provide for the support of the spouses and
marriage, the Court shall order the the custody of their common children;
2. Give paramount consideration to the moral
prosecuting attorney or fiscal assigned to
and material welfare of said children and
it to appear on behalf of the State to take their choice of the parent with whom they
steps to prevent collusion between the wish to remain; and
parties and to take care that evidence is 3. Provide for appropriate visitation rights of
not fabricated or suppressed. the other parent.
No child under seven years of age shall be
In the cases referred to in the preceding separated from the mother, unless the court
paragraph, no judgment shall be based finds compelling reasons to order otherwise
upon a stipulation of facts or confession [Art. 213 (2)].
of judgment. (88a)
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.