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MARRIAGE Special Contract Permanent Union Between Man and Woman Not subject to stipulation, except as to Marriage Settlement With Penal and Civil sanction for violation Civil Status Inviolable social institution ESSENTIAL REQUISITES


1. Legal Capacity * Male and female * 18 years or more * If 18-21, with parental consent * Not incestuous or against Public policy 2. Consent Freely Given * Knowingly done, Not through fraud, force, intimidation, undue influence FORMAL REQUISITES 1. Authorized Solemnizing Officer 2. Valid marriage license (120 days) When license not required: * Man and woman have lived together as husband and wife for at least 5 years; wi thout any legal impediment to marry each other * Point of Death Marriage (Articulo Mortis) * If either party is in remote/distant place with no means of transportation to appear before civil registrar * Marriages among Muslim/ethnic cultural communities solemnized in accordance wi th their customs, rites, practices 3. Marriage Ceremony * Contracting parties personally appear before solemnizing officer * Declaration to take each other as husband and wife * Not less than two (2) witnesses EFFECT OF ABSENCE, DEFECT OR IRREGULATORY IN REQUISITES * Absence of any essential or formal requisite: Marriage void ab initio * Defect in initial requisite: Marriage voidable * Irregularity in formal requisite: No effect on validity of marriage III. FOREIGN MARRIAGE - Law of nationality governs family relations - Marriage * All marriages solemnized abroad in accordance with laws in force in that count ry shall also be valid here * Exception: 1. Either party not capacitated under Phil laws 2. Bigamous or Polygamous 3. Mistake as to identity 4. Psychological incapacity

5. Incestuous 6. Against public policy - Divorce * If obtained by two Filipinos abroad are invalid * If obtained by foreign spouse married to a Filipino, shall be valid and the Fi lipino spouse divorced shall be capacitated to re-marry. IV. SOLEMNIZING OFFICERS 1. Members of Judiciary within Court s jurisdiction (e.g. RTC Manila Judge can solem nize in Manila only) 2. Mayors also within their jurisdiction 3. Priest and Minister of any Church * Duly authorized by church and registered with Civil Register-General * At least one contracting party belongs to that church or sect 4. Consul General, Consuls, Vice-consuls * Between Filipinos abroad 5. When parties are at point of death * Military Commander in the absence of chaplain * Ship Captain * Airplane Chief V. LEGAL REMEDIES TO PROBLEMATIC MARRIAGES 1. 2. 3. 4. 5. 6. Declaration of Nullity of VOID Marriage (Void ab initio) Nullity by reason of PSYCHOLOGICAL INCAPACITY Annulment of VOIDABLE Marriage (Valid until annulled) LEGAL SEPARATION (Separate Board and Lodging only) Separation of PROPERTY (Dissolution of Absolute Community of Property) Separation IN FACT (No Legal Effect)

VI. COMPARATIVE EFFECTS OF THE DIFFERENT REMEDIES 5 to During Never Prescription Legitimate Illegitimateof Status lifetimeACP SeparationChildren Dissolutionof Property Rule fr occurrence Property marriage Legal Prescribe; spouses; VoidableCo-ownership fr Psych Separation / be discovery; Directly VOID Incapacityofor CPGattack collaterally AsyrsonofRelationCanof causeDirectly attack attack VII. VOID MARRIAGES 1. One party less than 18 years of age 2. No authority of solemnizing officer Except: When at least one party believes in good faith that officer had authorit y 3. No Marriage license 4. No Marriage Ceremony (secret marriages/ common law marriage) 5. Bigamous or polygamous marriages 6. Mistake as to identity of one contracting party 7. Incestuous Marriage * Ascendants and descendants * Brothers and sisters, whether full or half blood 8. Public policy prohibition a. Between Collateral Relatives up to 4th Civil Degree; b. Step-parents and step-children; c. Parents-in-law and children-in-law d. Adopting parent and the adopted child e. Surviving spouse of the adopting parent and the adopted child f. Surviving spouse of the adopted child and the adopter g. Adopted child and a legitimate child of the adopter

h. Adopted child of the same adopter i. Parties where one, with the intention to marry the other, killed that other p erson s spouse, or own spouse j.

VIII. REQUISITES OF PSYCHOLOGICAL INCAPACITY 1. Medically or clinically identified 2. Sufficiently proven by experts 3. Existing at the time of celebration of marriage 4. Medically or clinically Permanent or incurable 5. Grove enough to make his unable to perform essential obligation of marriage 6. Alleged in complaint, proven by audience * Prosecutor and Sol Gen represent the state * Doubts resolved in favor of existence and continuation of marriage * Decision of church matrimonial tribunal, not controlling but respected * Essential Marital Obligations - Live together, observe mutual love, respect and fidelity and render mutual he lp and support - Perform the rights and duties of a parent - Even party with psychological incapacity can file the action - Imprescriptibly EXAMPLES OF PSYCHOLOGICAL INCAPACITY * * * * * * * * * * * * * Man and woman cracks up after having a child Neuroses, psychoses or other personality disorder Homosexuality or lesbianism Excessive hunger for sex Extremely low intelligence Immaturity, excessive dependence on parents or peers Habitual alcoholism, drug dependence/ addiction Consistently getting into trouble with law Refusal to have sex or have children Compulsive gambling Unbearable jealousy Sadism, infliction of physical violence Constitutional laziness

VIII. SPECIAL CLASSES OF VOID MARRIAGE 1. Subsequent Marriage without securing Judicial Declaration of Nullity of Previ ous Marriage o Carino Void by reason of Bigamy o Another theory Follow Art 43, Liquidate ACP 2. Subsequent marriages without settling property as required by law - Children are considered Legitimate 3. Reappearance of former spouse declared presumptively dead - Automatic termination of subsequent marriage - Children of subsequent marriage Legitimate - ACP dissolved and liquidated, not rule on co-ownership IX. VOIDABLE MARRIAGE (Valid until Annulled) 1. Lack parental consent (18-21) * By the parent until party reach 21 * By the non-consent party within 5 yrs from attaining 21.

2. Unsound mind (insanity) * Can be filed at any time before death * By either sane spouse, guardian of insane spouse, or insane spouse during luci d interval. * Unless party after coming to reason freely cohabitate. 3. Fraud * Within 5 yrs from discovery of fraud * Limited to ff. circumstances: 1. Non-disclosure of precious conviction from crimes involving moral turpitude 2. Concealment of pregnancy by another man at time of marriage. 3. Concealment of Sexually Transmitted Disease, regardless of nature, at time of marriage 4. Concealment of Drug Addiction, Habitual Alchoholism, Homosexuality, or Lesbia nism, at time of marriage 4. Force, Intimidation, Undue Influence * Within 5 yrs from the time it ceased. * Threat of filing rape charge, or other criminal complaint, not covered by this . 5. Incapable of Consummating Marriage * Within 5 yrs from the marriage ceremony * Doctrine of Triennial Cohabitation applied. * Sterility not covered, only impotence 6. Incurable Sexually Transmissible Disease * Within 5 yrs from the marriage ceremony X. GROUNDS FOR LEGAL SEPARATION a. Repeated physical viole e or grossly abusive conduct directed against, a comm on child or child of petitioner; b. Physical violence or moral pressure to compel petitioner to change religious or political affiliation; c. Attempt of respondent to corrupt or induce petitioner, a common child or chil d of petitioner to engage in prostitution or connivance in such corruption or in ducement. d. Final judgment sentencing respondent to imprisonment of more than 6 years eve n if pardoned; e. Drug addiction or habitual alcoholism of respondent; f. Contracting by respondent of subsequent bigamous marriage, whether in the Phi lippines or abroad ; g. Lesbian or homosexuality of respondent; h. Sexual infidelity or perversion; i. Attempt by respondent against life of petitioner and; j. Abandonment by petitioner without justifiable cause for more then 1 XI. EFFECTS OF LEGAL SEPARATION

Spouses live separately; but cannot re-marry Custody of children to innocent spouse Absolute community of property dissolved and liquidated. Offending spouse shall forfeit his share of property to common child, child of offending spouse and if none, to innocent spouse - Offending spouse disqualified to inherit from innocent spouse; provisions in w ill revoke by operation of law - Innocent spouse may revoke donations made - Innocent spouse may revoke designation of offending spouse as insurance benefi ciary SEPARATION de FACTO - Spouses separate; but legal ties/obligations remain - Absolute community of property is not dissolved and right of third party to cl aim against the community property continues

Abandoning spouse loses right to support Husband and wife still heirs of each other Any encumbrance of property requires judicial authorization, if marital consen cannot be secured.

XII. STATUS OF CHILDREN 1. Legitimate Those conceived or born inside a valid marriage * Entitled to support from ascendants and descendants, brothers and sisters * Full legitime and other success ional rights * Right to bear surname of father and mother * Paternity presumed to be the husband s, unless 1. Physically impossible for husband to have sexual intercourse first 120 days o f the 300 days before birth 2. Proven by biological or scientific method that child is not his or 3. In case of artificial insemination, written authorization was obtained throug h fraud, mistake, intimidation or undue influence Can only be impugned within one year from the knowledge of the birth or its reco rding in the civil register * Proof of Filiation may be established by: 1. Record of birth 2. Admission in public document or private handwritten instrument and signed by parent concerned 3. In the absence of above, open and continuous possession of the status of a le gitimate child or by any methods accepted by Rules of Court Action to proof filiation may be filed during life time of the child, or if chil d should die during minority, in state of insanity, by heirs within 5 yrs from s uch death or insanity 2. Illegitimate Those conceived and born outside a valid marriage * Filiation may proved by the same method as above, except if through method (3) , must be done during the lifetime of the alleged parents * Shall use surname of mother, unless falling under Revilla Law where the can use surname of the father if their filiation has been expressly recognized by the father through the record of birt h appearing in the civil register, or when an admission in a public document or private handwritten instr ument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. * Support from parents, grandparents and brothers and sisters only * Legitime is only maximum of what a legitimate child gets. * No right of representation of a legitimate line. 3. Adopted same rights as a legitimate, except relationship extends only to adop ter, not to other ascendants XIII. PROPERTY RELATIONS 1. Marriage Settlement * In Writing * Signed and Made before Celebration of Marriage * Registered with the local Civil Registrar 2. Absolute Community of Property (Default if no other agreed upon) * All properties owned at the time of marriage and acquired thereafter are part of the community * Joint administration by both spouse, but in case of disagreement, husband prev ail and wife has judicial recourse * At time of dissolution, each spouse gets half, regardless of actual contributi on.

* Properties not included in ACP * Properties acquired during the marriage by gratuitous title and fruits thereof * Properties for personal and exclusive use * Properties of spouse who has legitimate descendants by a former marriage and f ruits thereof 3. Conjugal Partnership of Gains (Married before Family Code Aug 1989) * Spouses put their property in a common fund and the fruits and income derived from these property or from industry forms part of the common property to be div ided equally upon dissolution * Properties brought into the marriage, acquired by gratuitous title, or purchas ed with exclusive money remains exclusive property of that spouse and will not b e divided upon dissolution. 4. Complete Separation of Property * May be agreed upon in marriage settlement, may be applied for after marriage * Family expenses borne in proportion to their income and liability to creditor for family expenses is solidary. * Grounds for Judicial Separation of Property i. Sentenced to Civil Interdiction ii. Absentee spouse iii. Loss of parental authority decreed by the court iv. Abandonment v. Spouse granted power of administration abused such power vi. Separated in fact for at least 1 yr and reconciliation improbable 5. Art 147 Governing those capacitated to marry each other, but living together without the benefit of marriage, or under a void marriage: * Wages and salaries shall be owned in equal shares * Property acquired during the co-habitation presumed to be obtained by joint ef fort and owned in equal share. * Contribution may be in money or in care and maintenance of family * Neither party can encumber or dispose property owned in common without consent of others. * When one party is in bad faith, the share shall be forfeited in favor of their common children, then to innocent party. 6. Art 148 Governing those cohabiting but not capacitated to marry each other * Only those acquired through their actual joint contribution of money, property or industry shall be owned by them in common, in proportion to their respective contribution. * If one party is married, his share in the co-ownership shall accrue to the com munity of property of the valid marriage; if not married, then to the common chi ldren then to innocent spouse.