Professional Documents
Culture Documents
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Definition (Art. 1)
a. Special Contract vs. Ordinary Contract
Requirements (Art. 2-6)
a. Essential
i. Legal Capacity
1. Sex
2. Age
a. 18-21 requires parental consent: voidable if none
b. 21-25 parental advice: valid if none but issuance of marriage license
suspended for 3 months
i. Effect if license issued before 3 months mere irregularity
3. Absence of Impediments (Art.35(4),36-38,52-53)
ii. Consent
b. Formal
c. Effects
i. Absence of Essential or Formal: Void
1. Exception: Art. 35(2)
ii. Defective Essential: Voidable
iii. Irregular Formal: Valid but persons liable punished civilly, criminally or administratively
1. Exception: Voidable if no consent from parents, either or both of contracting
parties at 18 or above but below 21
Authority of solemnizing officer (Art 7)
a. Persons authorized
b. Exception: Either or both parties in good faith, person unauthorized to solemnize marriage Art.
35(2)
Valid Marriages License
a. Art. 9, Art. 10, Art. 20
Marriage Ceremony
a. No particular form prescribed
b.
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Minimum requirements:
i. Appear before Solemnizing officer
1. Proxy Marriage
ii. Declaration that they take each other as husband and wife
iii. Presence of at least 2 witnesses of legal age
1. Absence merely an irregularity
Non-Essential/Non-Formal Requirements
a. Marriage Certificate best evidence
b. Venue of Marriage (Art. 8)
i. Directory, not affect validity of marriage
Foreign Marriage
a. General Rule: Where one or both parties to the marriage are citizens of the Philippines, the foreign
marriage is valid in this country if solemnized in accordance with the laws of the country of
celebration
b. Exceptions:
i. contracted by a national who is below 18 years of age
ii. bigamous or polygamous (except as provided in Art. 41, FC)
iii. contracted through mistake of one party as to the identity of the other
iv. contracted following the annulment or declaration of nullity of a previous marriage but
before partition
v. void due to psychological incapacity
vi. incestuous
vii. void for reasons of public policy
c. Divorce (Art. 26(2))
i. Requisites
1. Valid marriage between Filipino citizen and foreigner
2. Valid divorce obtained by alien spouse capacitating him/her to remarry
Where any party is below 18, even with consent of parents/guardians (Art. 35(1))
Absence of authority of person who solemnized the marriage (Art. 35(2))
a. Exception: Any or both of parties in good faith
Absence of Marriage License
a. Exceptions: Art 27-34
Bigamous or Polygamous (Art. 35(4))
a. Presumptive Death (Art. 41)
i. Effect of Reappearance of Absent Spouse
Mistake in (Physical) Identity (Art. 35(5))
Void Subsequent Marriage
a. Without judicial declaration of nullity of previous void marriage (Art. 40)
b. Without judicial declaration of presumptive death of absent spouse (Art. 41)
c. Where the absent spouse was presumed dead, and both the present spouse and wouldbe spouse
were in bad faith in contracting marriage (Art. 44)
d. Failure to record in the civil registry and registry of property the judgment of annulment or of
absolute nullity of the marriage, partition and distribution of the property of the spouses and the
delivery of the childrens presumptive legitimes (Arts. 5253)
e. Effect of Termination of Subsequent Marriage (Art. 43)
i. Children of the subsequent marriage conceived prior to its termination shall be
considered legitimate;
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ii. Dissolution & liquidation of the absolute community or conjugal partnership. If either
spouse acted in bad faith, his share in the net profits shall be forfeited:
1. In favor of the common children;
2. If none, in favor of the children of the guilty spouse by previous marriage; or
3. In default of children, in favor of the innocent spouse;
iii. Donations by reason of marriage remain valid except if the donee contracted the marriage
in bad faith;
iv. The innocent spouse may revoke the designation of the spouse in bad faith as the
beneficiary in any insurance policy; and
v. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to
inherit from the innocent spouse by testate or intestate succession
Psychological Incapacity
a. Elements
b. Molina Doctrine
Incestuous (Art. 37)
a. Between ascendants and descendants of any degree
b. Between brothers and sisters whether of the full or half blood
Void for Reasons of Public Policy
a. Collateral blood relatives whether legitimate or illegitimate up to the 4th civil degree
b. Stepparents & step children
c. Parentsinlaw & childreninlaw
d. The adopting parent & the adopted child
e. The surviving spouse of the adopting parent & the adopted child
f. The surviving spouse of the adopted child & the adopter
g. Adopted child & a legitimate child of the adopter
h. Adopted children of the same adopter
i. Parties where one, with the intention to marry the other, killed the latters spouse, or his/her
spouse.
j. There is no need for conviction in a criminal case of the guilty party. The fact of killing committed
by one of the parties to the marriage can be proved in a civil case
Voidable Marriage
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During the lifetime, either party or any relative or person having legal charge
Within 5 years from discovery by injured party unless thereafter freely cohabited
Within 5 years after force, intimidation or undue influence ceased by the injured party unless
thereafter freely cohabited
f. Injured party within 5 years from marriage for STD and or incapacity to consummate marriage
Role of Prosecuting Attorney/ Public Prosecutor
Effect of Termination of Marriage
a. Children
i. Status
ii. Custody
iii. Support (Spouse, child)
iv. Presumptive Legitime
v. Property Relation
vi. Liquidation of Community of Property
vii. Testate or Intestate Succession
viii. Insurance Policy
ix. Donation Propter Nuptias
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Title 3- Rights and Obligations Between Husband and Wife (Art 68-73)
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Live Together
Mutual Love, Respect, and Fidelity
Mutual Help and Support
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Marriage Settlement
a. Requisites
b. Modifications: Must be made before marriage
i. Exception: Judicial Separation of Property During Marriage (Art. 76)
Absence of Marriage Settlement, Joint Administration (Art. 96, Art. 124(1))
a. General Rule: Property Relation governed by Phil Laws (Art. 80)
b. Exception:
i. Both spouses aliens
ii. As to extrinsic validity of Contracts
1. Not situated and executed in the Philippines
a.
General Rule: consist of all property owned by the spouses at the time of the marriage or acquired
thereafter (Art. 91)
2. Exceptions
property acquired before the marriage by either spouse who has legitimate descendants by a
former marriage
b.
property for personal and exclusive use except jewelry
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property acquired during the marriage by gratuitous title, except when the donor, testator or
grantor expressly provides otherwise (Art. 92)
3. Administration and Disposition
4. Rule on Game of Chance
5. Remedies of Present Spouse in case of Abandonment
6. Charges upon and Obligations
7. Liquidation (Art. 102)
8. Grounds for Termination (Art. 99)
Conjugal Partnership of Gains
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Separation of Property
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Family Relation
Mandatory Prior Recourse to Compromise (Art. 151, NCC)
a. Exceptions
3. Family Home
a. General Rule: Exempt from executions
b.Exceptions
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Title 6- Paternity and Filiation
Title 7- Adoption
Legitimate Children
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Title 8- Support
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RA 9048
Grounds
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e. Marriage Annulled
i. Wife guilty
ii. Wife Innocent
f. Legal Separation
g. Death of Husband
h. Persons with same names
i. Usurpation of anothers name
Citizenship and Domicile
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Distrinction
Elements of Domicile
Kinds of Domicile
Requirements for Acquisiton of New Domicile
Funerals
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Duty and right to make arrangement about funerals is in accordance with right and
Duty to support under Article 199, FC
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the funeral shall be in keeping with the social position of the deceased
3. the funeral shall be in accordance with the expressed wishes of the deceased
i.
in the absence of the expressed wishes, his religious beliefs or
affiliation shall determine
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in case of doubt, the persons in Article 199, FC shall decide
5. any person who disrespects the dead or allows the same shall be liable for damages
If the deceased is married, the tombstone or mausoleum is deemed a part of the funeral expense and chargeable
against the community or conjugal partnership property
Titlee 14- Absence
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Provisional Abesence
Declaration of Absence
Presumption of Death
Reappearance of absentee
a. Effect on subsequent marriage of spouse present
b. Effect on Properties