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1. When did the Family Code takeeffect?
August 3, 1988
2. What are the provisions of the1987 Philippine Constitution
were
implemented by the Family
Code?
Article 11. Section 12
Article 15, Sections 1-4
3. What is the difference betweenmarriage and an ordinary
contract?
Marriage Ordinary Contract
Both a contract
and a social
institution
Merely a contract
Generally,
stipulations are
fixed by law not
by the parties
(exception:
marriage
settlementprovisions)
Stipulations are
generally fixed by
the parties
Can be dissolved
only by death or
annulment, not by
mutual agreement
Can be ended by
mutual agreement
and by other legal
causes
4. Can the parties agree that theirmarriage shall take effect
only
one (1) year after the celebration
thereof?
No, because it is contrary to law and
public policy. Marriage settlement is a
contract and the law provides.
Contracting parties can engage in such
things provided that it is not contrary to
law and public policy.
5. What are the requisites ofmarriage?
Essential Requisites (LC)
1. Legal capacitya. >=18 years old not under
impediments in Art 37
(incestuous marriage) &
Art 38 (marriage against
public policy), may
contract marriage.
b. Male and Female
2. Consent Freely GivenFormal Requisites (AVC)
1. Authority of Solemnizing Officer2. Valid marriage license3.
Marriage Ceremony6. May a marriage between two (2)
persons of the same sex both with
parental consent be allowed?
No because only marriage between
male and female is allowed. The law
provides that the contracting parties
must be male and female, thus making
this marriage non-compliant to the
provision of Article 2 paragraph 2 of the
family code.
7. Suppose a marriage license wassecured without expiration of
ten
(10), is the marriage under that
license valid?
Yes.
(art 17)
8. Is marriage ceremony being aformal requisite dispensable?
It is indispensable; however the Family
Code does not generally prescribe any
particular form of marriage ceremony.
9. What is the effect of a marriage ofa boy and a girl under 18
years of
age where there is consent of
both parents?
No because the requirement of legal
capacity is an essential requirement
which goes into the validity of the
marriage. The consent cannot cure the
void marriage.
10.A man pretended to be dying onthe basis of which they
weremarried, him without a marriage
license, is the marriage valid?
No because of the absence of a valid
marriage license. However, if the man is
catually dying or in articulo mortis,
marriage is valid as considered as
marriage in exceptional characters.
11.The judge of Sta. Barbarasolemnized a marriage in the
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ecunumical garden at
Tondaligan, is the marriage valid?
As a rule, no, because he had no
authority to solemnize the marriage
outside his territorial jurisdiction. There isabsence of formal
requisite namely the
authority of the solemnizing officer.
12.Suppose a judge solemnized themarriage in the house of a
girl
without a prior request in writing,
is the marriage valid?
Yes. While it is true the law requires that
the parties should request the
solemnizing officer in writing, in order
that the ceremony be made elsewhere,
other than the chamber of the judge, it
is equally true that failure to make the
request would not go into the validity of
the marriage. It is only an irregularity of a
formal requisite.
Or
Yes, the validity of the marriage is notaffected by the Judges
non-
compliance with Article 8, due to the
absence of the written request of the
contracting parties. Violation of the
provision will subject the solemnizer to
criminal and administrative sanctions.
(art 8)
13.Two (2) foreigners were marriedbefore the Consul General of
the
Philippines in LA, California. Is the
marriage valid?
General rule is, Consul General is only
authorized to marry Filipino citizens,
however exceptions are still provided: if
the authority of the Consul General is in
accordance to the provisions of LA,
California, then citizenship is immaterial.
14.Suppose the law of LA, Californiaallows the Consul of a
foreign
country to solemnize marriage,
do you maintain the same
answer?
VALID.
15.A and B both residence ofDagupan City obtained their
license in Baguio City. They were
married on the basis of such
license, is the marriage valid?
A license issued in a place different from
the habitual residence of the
contracting parties does not invalidatethe marriage. However, if
the
application for license was made in bad
faith in the improper civil registry the
parties can be liable for violation of Art.
350 of the RPC. If the registrar is also at
fault, he can be charged criminally and
administratively.
(Art.9)
16.The Local Registrar refused toissue the marriage license
when
informed that the groom is
previously married, can he
refuse?
No but rather he shall note down the
particulars thereof and shall issue the
license after completion of the period of
publication unless otherwise ordered by
a competent court. (art 18)
17.Suppose the contracting partiesare previously married, are
they
required to exhibit the consent of
parents?
If they have been emancipated by a
previous marriage, the parties are not
required to exhibit the consent of
parents anymore. (art14)
18.A and B obtain a marriagelicense in Zamboanga City but
because of the Muslim rebellion,
they went to Dagupan City to live
and with use of the license they
were married, is the marriage
valid?
Yes the ML is valid for 300 days and valid
in any part of the Philippines.
19.Suppose an American citizenwishes to set marriage in the
Philippines but he is only 17 years
old, can he possible married in
the Philippines?
Yes. If the law in his country allows him
to marry and as long as he obtains
certificate of legal capacity to contract
marriage, issued by his respective
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diplomatic or consular officials. Age
restriction is only applicable in the
Philippines. (ART 21)
20.May there be marriage in theabsence of certificate
ofmarriage?
Yes. Although the marriage contract is
considered primary evidence of
marriage, failure to present is not proof
that no marriage took place. Other
evidence such as testimonies of witness
may be presented to prove such
marriage. (art. 22)
21.A married B by proxy. Is thatmarriage valid in the
Philippines?
I distinguish. If the marriage by proxy is
celebrated in the Philippines, it is void
because of non-compliance with formal
but essential requisite of a marriage as
prescribed in Art. 6 of the FC.
However, if the marriage by proxy is
celebrate abroad, Article 26 of the FC isapplicable, in
accordance to the
principle of Lex Loci Celebraciones
rendering the marriage, valid.
22.A and B were both Filipinos. Bobtained a divorce against
A
which authorized her to marry,
can A validly marry in the
Philippines?
If it is presumed that if one of them
became a naturalized citizen in an alien
country where divorce is legal and
obtained a valid divorce which
capacitated the Filipino spouse to
remarry, the subsequent marriage of the
Filipino spouse is valid. (art26)
