FAMILY CODE OF THE PHILIPPINES MARRIAGE- REQUISITES OF MARRIAGE ARTICLE 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipt shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in a place other than those mentioned in article 8. (68a) One of the strongest laws is the presumption of the legality of marriage. That a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage is a presumption which is considered satisfactory if uncontradicted, but may be contradicted and overcome by the evidence.(Rule 131, Section 5 (aa), New Rules of Court of the Philippines). The primary and best evidence of a marriage is the marriage contract or the marriage certificate. The evidence repels that presumption of legality, the truth of law and fact that the marriage was not legal must be strong, distinct and satisfactory. Under the law, in the event that the parties are not certain whether they can proceed with a marriage, they can file a petition for declaratory relief, to seek from the court a judgment on their capacity to marry.

Art 23 Requisites of Marriage

Download DOCX Report

Upload
car-jo
View
218
Download
0

Embed Size (px)

DESCRIPTION

PFR

Citation preview

FAMILY CODE OF THE PHILIPPINES

MARRIAGE- REQUISITES OF MARRIAGE

ARTICLE 23.

It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipt shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in a place other than those mentioned in article 8. (68a)

One of the strongest laws is the presumption of the legality of marriage. That a man and a woman deporting themselves as husband and wife have

entered into a lawful contract of marriage is a presumption which is considered satisfactory if uncontradicted, but may be contradicted and overcome by the evidence.(Rule 131, Section 5 (aa), New Rules of Court of the Philippines).

The primary and best evidence of a marriage is the marriage contract or the marriage certificate.

The evidence repels that presumption of legality, the truth of law and fact that the marriage was not legal must be strong, distinct and satisfactory.

Under the law, in the event that the parties are not certain whether they can proceed with a marriage, they can file a petition for declaratory relief, to seek from the court a judgment on their capacity to marry.