Court Decrees and Legal Instruments

Affecting Marriage

Agnes VST Devanadera Acting Secretary of Justice & Solicitor General

Topical Outline

I. Marriage, Family, and the Philippine Constitution

II. Marriage, a Special Contract

III.Marriage and the Law

IV.Marriage, Family Courts and Court Procedure

V. Marriage and the Civil Register

VI.The Role of the Office of the Solicitor General

I. Marriage, Family & the Phil Constitution

Marriage is:

foundation of the family

basis of society

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I. Marriage, Family & the Phil Constitution

Constitutional Policy

protection of the family as a basic social institution

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I. Marriage, Family & the Phil Constitution

SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.

Article II, Sec. 12 of the 1987 Constitution:

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I. Marriage, Family & the Phil Constitution

SECTION 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Article XV, Sec. 1 of the 1987 Constitution

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I. Marriage, Family & the Phil Constitution

SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Article XV, Sec. 2 of the 1987 Constitution:

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II. Marriage, a Special Contract

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.

Article I of the Family Code of the Philippines

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II. Marriage, a Special Contract

Marriage

regulated and controlled by the State, NOT by the will of the parties

Special Contract

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III. Marriage and the Law

Articles 2 and 3 of the Family Code of the Philippines

REQUISITES OF A VALID MARRIAGE (essential and formal requisites)

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III. Marriage and the Law

Articles 4, 35, 36, 37, 38, 40, 41, 44, and 53 of the Family Code of the Philippines

VOID MARRIAGES (marriages that are void from the beginning)

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III. Marriage and the Law

Articles 45 and 46 of the Family Code of the Philippines

VOIDABLE MARRIAGES (marriages that may be annulled)

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III. Marriage and the Law

Article 220 of the Civil Code

ARTICLE 220. In case of doubt, all presumptions favor the solidarity of the family. Thus, every intendment of law or fact leans toward the validity of marriage, the indissolubility of the marriage bonds, xxx

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IV. Marriage, Family Courts and Court Procedure

Act No. 3753 or the Civil Registry Law

established the civil register in the Philippines

records: acts, events, legal instruments, and court decrees concerning civil status of persons

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IV. Marriage, Family Courts and Court Procedure

Register of Court Decrees/Orders

Annulment of Marriage Declaration of Absolute Nullity of Marriage Legal Separation Court Order Setting Aside the Decree of Legal

Separation Declaration of Presumptive Death of the Absent

Spouse Judicial Declaration of Absence 13

IV. Marriage, Family Courts and Court Procedure

Rule 69 to 71, Title Nine of NSO Administrative Order No. 1-93, the IRR of Act No. 3753 and Other Laws on Civil Registration

acts and omissions punished under specified law relating to civil

registration

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V. The Role of the Office of the Solicitor General

Republic of the Philippines vs. Crasus L. Iyoy (2005)

“The Solicitor General is authorized to intervene, on behalf of the Republic, in proceedings for annulment and declaration of nullity of marriages.”

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V. The Role of the Office of the Solicitor General

Sections 5, 18, 19 and 20 of A.M. No. 02-11-10-SC, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages

Recognizes the authority of the Sol Gen to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal to higher courts.

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THANK YOU