Family Code Reviewer 


Art.
Art.
30:
31:
After Submission of Affidavit in case of Art. 29.
Pilot/Captain as Solemnizing Officer
Table of Contents  Art. 32: Military Commander as Solemnizing Officer
 Art. 33: Marriage among Muslims/Ethnic Cultural Communities (Exempted)
Chapter 1: Definition of Terms; Duties  Art. 34: Marriage of Cohabiting man and woman for at least 5 years w/o impediment

 Art. 1: Definition Chapter 3: Void and Voidable Marriages. (p. 9)

Requisites: (p. 3) Marriages Void ab initio (p.9)

 Art. 2: Essential Requisites of Marriage  Art. 35: List of Marriages void ab initio
 Art. 3: Formal Requisites of Marriage  Art. 36: Psychological Incapacity (Void)
 Art. 4: Effects of Absence of Requisites of Marriage  Art. 37: Incestuous Marriages (Void ab initio)
 Art. 5: Who may enter into contract of Marriage  Art. 38: Reasons of Public Policy (9) (Void)
 Art. 6: Ceremony Requirements (Marriage Impediments)  Art. 39: Prescription for Action to Declare Absolute Nullity of Marriage (None)
 Art. 7: Solemnizing Officer Requirements  Art. 40: Subsequent Marriages without declaration of absolute nullity from previous
 Art. 8: Places where Solemnization may take place marriage(Void)

In re: State checking if Person has Capacity to Marry: (p. 4) Voidable Marriages: (p. 12)

 Art. 9: Issuance of Marriage License  Art. 41: Grounds (+ Procedure): Absentee/Presumptive Death (Cast Away plot)
 Art. 10: Marriage between Filipinos Abroad (Consul as Solemnizing Officer)  Art. 42: Procedure: If presumed dead spouse turns up, new marriage void. Termination
 Art. 11: Marriage License (What it must specify/Where to submit) (10) of Marriage. (Cast away no more)
 Art. 12: Requirements for Local Civil Registrar  Art. 43: Procedure: Presumed dead spouse turns up: Effects of termination of marriage:
 Art. 13: In re: Previous Marriages Good faith or 1 party in Bad faith
 Art. 14: Who must secure Parental Consent  Art. 44: Procedure: Presumed dead spouse turns up: Effects of termination of Marriage:
 Art. 15: Who must secure Parental Advice Both persons in Bad faith
 Art. 16: In re: Attachment of parental Consent to Marriage License  Art. 45: Grounds of Voidable Marriage: Grounds (6)
 Art. 17: Posting of Application for Marriage License  Art. 46: Grounds: Definition (Art 45, Par. 3): Fraud
 Art. 18: In re: Presence of Impediments; Local Civil Registrar  Art. 47: Procedure: Who, what, when may file?
 Art. 19: Payment of Fees  Art. 48: Procedure: Republic v XXX dapat. To assure no collusion between parties
 Art. 20: Validity of Marriage License (When and Where)  Art. 49: Effects of Annulment: What happens to the children during pendency of Case
 Art. 21: In re: Foreigners  Art. 50: Effects of Annulment: What happens to the property during pendency of Case
 Art. 22: In re: Marriage Certificate (Partition)
 Art. 23: Duty of Solemnizing Officer  Art. 51: Partition: Value, Delivery of Presumptive Legitimes, Enforcement, Considered as
 Art. 24: Duty of Local Civil Registrar Advanced on Legitimes.
 Art. 25: Duty of Local Civil Registrar (Documentation of Marriage)  Art. 52: Partition: Recorded in Appropriate Civil Registry (In re: children’s mana)
 Art. 26: In re: Marriages Solemnized outside of the Philippines  Art. 53: Partition: If not complied with, Subsequent marriages Void
 Art. 54: Partition: In re: Conceived Children before judgment of annulment/Void
Chapter 2: Exempted from Marriage License Requirement: (p. 8) marriage.

 Art. 27: Articulo Mortis (Exempted)

 Art. 28: Marriage in Remote Place (Exempted)
 Art 29: Affidavit by Solemnizing officer in case of Exceptions under Articulo Mortis and &
Remote place: took necessary steps to ascertain lack of legal impediments to marriage
Legal Separation (p. 20) Donations by reason of Marriage. (P. 29)

 Art. 55: Grounds: for Legal Separation  Art. 82: Donations in re Marriage: Favor both spouses
 Art. 56: Grounds: Denial for grounds of Legal Separation  Art. 83: Donations: Governed by rules in Title III, Book III of NCC, not modified by FC.
 Art. 57: Procedure: When to file: Prescription  Art. 84: Donations: If there is Agreement other than Absolute Community, rules
 Art. 58: Procedure: When to file: 6 Month Rule  Art. 85: Donations: If donations with Encumbrances (Mortgage)
 Art. 59: Procedure: In need of Reconciliation  Art. 86: Donations: May be Revoked by donor; Grounds for Revocation (6)
 Art. 60: Procedure: In need of Proof, No Collusion between parties  Art. 87: Donations: Between Spouses, During Marriage (VOID); XPN: Moderate gifts,
 Art. 61: Procedure: During Pendency: May live separately during occasion, special
 Art. 62: Procedure: During Pendency: In re: Children: Art. 49 shall apply
 Art. 63: Procedure: After Pendency: Effects of Legal Separation
 Art. 64: Procedure: After Pendency: In re: Donations
 Art. 65: Reconciliation: If Spouses reconcile
 Art. 66: Reconciliation: Effects
 Art. 67: Reconciliation: Effects (In re: Revival of Former Property Regime)

Rights and Obligations between Husband and Wife (p. 24)

 Art. 68: Obligations of Husband and Wife; Live together, Observe mutual love, Support
 Art. 69: Fix domicile, Courts may decide if dispute; Allow living ABROAD for valid and
compelling reasons.
 Art. 70: Support of the Family; Expenses.
 Art. 71: Management of the Household; Expenses: paid in accordance with Art. 70.
 Art. 72: If neglect of one of the spouses of duties/dishonour or injury to family:
aggrieved party may apply to court for relief
 Art. 73: Either Spouse may exercise legitimate profession; XPN when valid objections
 RA No. 9262: VAWC

Property Relations between Husband and Wife (p. 26)

 Art. 74: Property Relations governed by: Prenup, Provis of FC, Local Custom
 Art. 75: Prenup: Regime of Absolute Community, Conjugal Partnership of Gainz (Default
is Absolute Community Property if no Prenup)
 Art. 76: Modifications to Prenup: Before Celebration of Marriage/ Provis of Art. 66, 67,
128, 135, and 136.
 Art. 77: Prenup: Must be in WRITING , executed before Marriage, not prejudice 3rd
persons (XPN: )
 Art. 78: Minor may execute Prenup, but valid if with Parental Consent
 Art. 79: Guardian appointed by court INDISPENSIBLE for Prenup to be valid: in cases of
Civil Interdiction, subject to Disability.
 Art. 80: If no Prenup, property Relations governed by Philippine Laws; XPN: 1) Both
Spouses Aliens; 2) Extrinsic Validity contracts Executed where property is + over
Property not Situated in Phil; 3) EV of Contracts Execd in Phil + Property abroad.
 Art. 81: Donations propter nuptias: Void if marriage does not take place