1.

What is Marriage
- is a special contract of permanent union between a man and a woman ent
ered into in accordance with the law for the establishment foundation of the fam
ily and of conjugal and family life. It is the foundation of the family and imvi
olabe socail 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 Co
de.
2. what is the difference between the marriage and ordinay contract?
3.what are the formal and essential reqiusites of marriage?
Formal
a. Authority of the solemninizing offer
b. A valid marriage license except in the cases provided. (except provid
ed in chapter 2)
c. A marriage ceremony which takes place with the appearnce of the contr
acting parties before the solemnizing officer and their personal declaration tha
t they take other as husband and wife in the presence of not less than two witn
esses of legal age.
d. The abscence of any of the essential or formal requisites shall rend
er the marriage void ab initio, except as stated in Article 35
"A defect in any of the essential requisites shall render the ma
rriage voidable as provide in Article 45."
"An irregularity in the formal requisites shall not affect the v
alidity of the marriage but the party or parties responsible for the irregularit
y shall
be civilly, criminally and administratively"
e. Any male or female of the age of eighteen years or upwards not under
any of the impediments mentioned in Articles and 37 and 38 may contract marriage
.
" In case of articulo mortis, when the party at the point of dea
th is unable tp sign the marriage certificate, it shall be sufficient for the on
e
witness to the marriage to write the name of said party, which
fact shall be attested by the solumnizing officer
4. What is the effect of a defect in the essential requisites? How about in the
formal requisites?
5. May a person less than eighteen (18) years of age contract a marriage if cons
ented to by the parents?
6. What is the effect of non-registration or abscence of a marriage certificate
on the validity of a contract of marraige?
7. Who are authorized to solemnize marraige?
a.
b.
c.
d.
8. Is a marraige conducted in the house of the judge valid?
9. Is a license issued by the Municipality where neither parties habitually res
ides can be a valid contract of marriage?

10. What is the difference between parental consent and parental advice?
1. Below 18. if one or both parties is / are below below years of age,
the marriage is void from the beggining. it remians void even if the parties liv
e
togehter as husband and wife for the rest of their lives.
2. Between 18 and 21. If one or both parties is / are between and 18-21,
they should secure the parental consent of the party who is below 18 and 21. If
consnet is not secure, the marriage is not void from the beginning be
cause the man and the the woman are no longer minors. The marriage, however, vio
dable
--- it is a valid until questioned by the right party. Only the follo
wing individual could seek the annulment of marriage based on the abscence of pa
rental
consent: (1) the spouse whose parent or guardian did not give his or
her consent, within five years after attaining the age of twenty one; Or (2) th
e
parent or guardian or person having legal charge of the minor, at any
time before his / her child reaches the age of twenty one. So, you see, the mar
raige
remains valid if it's not assailed before the party 21 years of age.
It is a waiting game.
3. Between 21 and 25. If one or both parties is / are between 21 and 25,
the parental advice of the parents of the person below 25 must be secured. What
's the
effect of the lack of parental advice on the validity of the marraig
e. the only effect of the abscence of the marriage license.
11. May a parental consent be withdrawn by the parents?
12. Is a marriage license issued in Dagupan City valid in Cotabato?
- Judges can solemnize marraige only within their court's jurisdiction.
Morever, they must be incumbent and nit retired judges. Needless to state, if
a marriage is solemnized should be within the jurisdiction of the solemnizing of
ficer.
13. What is the duty of the solemnizing officer?
14. Is a marraige performed outside the Philippines in accordance with the laws
enforced solemnized and valid there as such valid in the Phillipines? Give the
exceptions?
15. Supposed the parties are both Filipinos. Later the husband went the United S
tates and became a naturalized American Citizens. Then he divorced his Filipino
wife
remarry.
!6. What are two(2) Phillipine cases where the effects of divorce are recognized
in the Philippines?
17. What are the marriages that are exempt from a marraige license?
The exemptions are:
1. Articulo Mortis
2. living in the place where the two parties cannot see each other (musl
ims)
18: supposed the party pretended to be a dying in order to be married without a
license, would such married be valid?
19. In case of marraige in articulo mortis what is the duty of the solemnizing o
fficer?
20. Ambassador Wayway to the united States married "A" and "B" both Filipinos in
his office at Washington D.C. is the marraige valid?
21. Ma y a co-pilot solemnize the marraige in articulo mortis between passengers
while the airplane is on flight, in case if death of the pilot?

22. Is a marraige among ethnic cultural communities without a marraige license s

olemnized in accordance with their customs, rights of practices ir practices val
id?
23. "A" and "B" had been living exclusively to themselves for more three (3) yea
rs. They cannot marry necause "A" has subsisting marraige. When the wife of "A"
died, he married "B" with a proper marraige license, will the marraige be valid
?
24. Is the marraige performed by a passenger of a ship between two (2) paasenger
one of whom is dying, valid where they believed in good faith that he has the a
uthotiry to perform marraiges?
25. Is a bigamous marraige valid? Is there an exemption?
-marraige merely annulable / voidable.