Persons
-obligations:
1. mutual fidelity
2. mutual support
3. mutual love
- copulation (basic)
complete delivery)
Succession = unborn persons are entitled
to inheritance even at the time of
REQUISITES OF MARRIAGE
1. ESSENTIAL REQUISITES FOR MARRIAGE
- Looks at the intrinsic validity of the marriage
Two legal capacities of the contracting
parties:
1. Who should be, and must be a man and a
conception.
-
woman
Same sex marriage not allowed
parent)
each other
before the solemnizing officer
In the presence of at least 2 witnesses
marriage is VOID
either essential or
AB INITIO as if
formal
there was no
marriage
Marriage is
essential requisites,
but all formal
requisites are okay
Ex. Consent was there,
but was vitiated (force,
duress, threat, violence,
intimidation)
All essential requisites
VOIDABLE
-valid until voided,
annulled
OFFICER?
1. Incumbent member of the judiciary
but only within the courts jurisdiction
2. Any priest, rabbi, imam or minister of any
church or religion or religious sect
authorized by their church.
Act within limits of authority granted
by his church
At least one of the contracting parties
is a member of the solemnizing
officers church
3. Any ship captain or airplane chief
but only on account of articulo mortis
(on the brink of death)
-possible death rate: high
4. Any military commander
During a military operation
When a chaplain is absent
Articulo mortis cases
There should still be a witness
5. Consul-general, vice-consul, consul (Art. 10)
For marriages between Filipino
citizens abroad
Issuance of marriage license, duties
question the
marriage, marriage
will still subsist
If LCR issued license
(couple w/ a party
requisites
erroneously/wrongly
issued
- below 21y/o: need
parental consent.
If nobody will
the law
criminally or
administratively liable
consular official
6. Mayors, governors
By virtue of the Local Government
Code
Vice-mayors cannot solemnize,
unless he assumes as mayor in an
acting capacity
Acting mayors can solemnize, only
during the period of its effectivity
EFFECTS OF MARRIAGES CELEBRATED ABROAD
Art. 26 of Family Code
marriage is solemnized.
If marriage is celebrated abroad, it
where it is solemnized
All marriages solemnized outside of the
Philippines in accordance with the laws in the
place where they were solemnized, and valid
there as such, shall also be valid in this country,
except those prohibited at:
Article 35(1) parties below 18 y/o,
requirements
Article 36 psychologically
incapacitated
Article 37 incestuous relationships
(blood relations)
Article 38 - void by public policy
Facts:
Orbecido and spouse married (both
Filipinos,in PH)
Eventually, spouse got foreign
citizenship.
As an alien, spouse obtained a decree
of divorce.
Divorce proven.
Spouse wants to remarry
Facts:
Recio, a PH citizen, married an
Australian citizen (Editha Samson in
PH).
Eventually, they moved to Australia.
Recio became an Australian citizen.
Recio remarried Garcia
Garcia filed declaration of nullity of
marriage
o Recio has subsisting marriage BIGAMY
o Rebuttal: Divorce was obtained
in an Australian court. Alien
spouse obtained divorce
o Divorce not proven
solemnizing officer
If marriage was solemnized abroad, then
Question:
Answer: YES.
Art. 26 FC
o marriage between a Filipino citizen and a
o
foreigner
Divorce obtained by alien spouse on the