1. What is Marriage? Explain the presumption in favor of marriage.

A. Under the Family Code of the Philippines, Article 1. 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 stipulation, except that marriage settlements may fix the property relations during the
marriage within the limits provided by this Code.

B. Persons who are cohabiting together as husband and wife are presumed to have entered into a contract of
marriage. Under the jurisprudence of Calimag v Heirs of Macapaz, G.R. No. 191936, persons dwelling together in
apparent matrimony are presumed, in the absence of any counter presumption or evidence special to the case, to be in
fact married. The reason is that such is the common order of society, and if the parties were not what they thus hold
themselves out as being, they would be living in the constant violation of decency and of law.

2.

a. Pertinent rulings of the Supreme Court as regards marriage:

Case Title Pertinent Rulings

Falcis, III v. Civil Registrar General
Ancheta v. Ancheta
Abadilla v. Tabiliran
Tilar v. Tilar
Venzon v. Peleo III
Chan v. Carrera
Maduramente v. Maduramente

b. Proof of marriage:

Case Title Whose marriage was in question Proof/evidence presented to prove

the marriage
Dela Rosa v. Heirs of Rustia
vda. de Damian
Balogbog v. Court of Appeals
Calimag v. Heirs of Macapaz

c.

Requisites of marriage Effect of absence Effect of defect/irregularity

d. Authority to solemnize marriage:

Who can Legal basis of What is required Venue (where When (in what
solemnize authority for authority to marriage is instances can
solemnize solemnized) they
solemnize)
 e. Absence of marriage license:

Case title Proof/evidence of absence of marriage license

Alcantara v. Alcantara
Republic v. Court of Appeals
Cariño v. Cariño
Sy v. Court of Appeals
Sevilla v. Cardenas
Abbas v. Abbas
Go-Bangayan v. Bangayan
Kho v. Republic

- parental consent.
- Consent is required because marriage is a contract, a voluntary act.
- If there is consent, but it is vitiated by error, fraud, intimidation, force, etc., the marriage is not
1. Republic v. Albios
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