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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C.

Ylagan (Doctor of Civil Law)

1. What is Marriage?

1987 Constitution of the Family Code of the Philippines Code Canon Law Catechism of the Catholic
Philippines Church
ARTICLE XV ARTICLE 1. Marriage is a special Can. 1055 §1. The matrimonial 1601 "The matrimonial covenant,
The Family contract of permanent union covenant, by which a man and a by which a man and a woman
SECTION 1. The State recognizes between a man and a woman woman establish between establish between themselves a
the Filipino family as the foundation entered into in accordance with law themselves a partnership of the partnership of the whole of life, is
of the nation. Accordingly, it shall for the establishment of conjugal whole of life and which is ordered by its nature ordered toward the
strengthen its solidarity and actively and family life. It is the foundation by its nature to the good of the good of the spouses and the
promote its total development. of the family and an inviolable spouses and the procreation and procreation and education of
SECTION 2. Marriage, as an social institution whose nature, education of offspring, has been offspring; this covenant between
inviolable social institution, is the consequences, and incidents are raised by Christ the Lord to the baptized persons has been raised
foundation of the family and shall governed by law and not subject to dignity of a sacrament between the by Christ the Lord to the dignity of a
be protected by the State. stipulation, except that marriage baptized. sacrament."84
settlements may fix the property
relations during the marriage within §2. For this reason, a valid
the limits provided by this Code. matrimonial contract cannot exist 84 ⇒ CIC, can. 1055 # 1; cf. GS 48
between the baptized without it # 1.
being by that fact a sacrament.

2. Laws Governing Marriage

Family Code of the Philippines Code of Canon Law


TITLE XII Can. 1059 Even if only one party is Catholic, the marriage of Catholics is
Final Provisions governed not only by divine law but also by canon law, without prejudice
to the competence of civil authority concerning the merely civil effects of
ARTICLE 254. Titles III, IV, V, VI, VII, VIII, IX, XI, and XV of Book 1

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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

of Republic Act No. 386, otherwise known as the Civil Code of the the same marriage.
Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39,
40, 41 and 42 of Presidential Decree No. 603, otherwise known as the Can. 1060 Marriage possesses the favor of law; therefore, in a case of
Child and Youth Welfare Code, as amended, and all laws, decrees, doubt, the validity of a marriage must be upheld until the contrary is
executive orders, proclamations, rules and regulations, or parts thereof, proven.
inconsistent herewith are hereby repealed. (n)

ARTICLE 255. If any provision of this Code is held invalid, all the
other provisions not affected thereby shall remain valid. (n)

ARTICLE 256. This Code shall have retroactive effect insofar as it


does not prejudice or impair vested or acquired rights in accordance with
the Civil Code or other laws. (n)

ARTICLE 257. This Code shall take effect one year after the
completion of its publication in a newspaper of general circulation, as
certified by the Executive Secretary, Office of the President.
Publication shall likewise be made in the Official Gazette. (n)

DONE in the City of Manila, this 6th day of July, in the year of Our Lord,
Nineteen Hundred and Eighty-Seven.

Effectivity: August 3, 1988

Published in the Manila Chronicle


on August 4, 1987

3. What are the requisites of Marriage?

Family Code of the Philippines Code of Canon Law


ARTICLE 2. No marriage shall be valid, unless these essential Can. 1055 §1. The matrimonial covenant, by which a man and a woman
requisites are present: establish between themselves a partnership of the whole of life and

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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

(1) Legal capacity of the contracting parties who must be a male and a which is ordered by its nature to the good of the spouses and the
female; and procreation and education of offspring, has been raised by Christ the
(2) Consent freely given in the presence of the solemnizing officer. (53a) Lord to the dignity of a sacrament between the baptized.

ARTICLE 3. The formal requisites of marriage are: §2. For this reason, a valid matrimonial contract cannot exist between the
(1) Authority of the solemnizing officer; baptized without it being by that fact a sacrament.
(2) A valid marriage license except in the cases provided for in Chapter 2
of this Title; and CHAPTER IV.
(3) A marriage ceremony which takes place with the appearance of the MATRIMONIAL CONSENT
contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the Can. 1095 The following are incapable of contracting marriage:
presence of not less than two witnesses of legal age. (53a, 55a) 1/ those who lack the sufficient use of reason;
2/ those who suVer from a grave defect of discretion of judgment
ARTICLE 4. The absence of any of the essential or formal requisites concerning the essential matrimonial rights and duties mutually to be
shall render the marriage void ab initio, except as stated in Article 35 handed over and accepted;
(2). 3/ those who are not able to assume the essential obligations of marriage
for causes of a psychic nature.
A defect in any of the essential requisites shall render the marriage
voidable as provided in Article 45. Can. 1096 §1. For matrimonial consent to exist, the contracting parties
must be at least not ignorant that marriage is a permanent partnership
An irregularity in the formal requisites shall not affect the validity of the between a man and a woman ordered to the procreation of offspring by
marriage but the party or parties responsible for the irregularity shall be means of some sexual cooperation.
civilly, criminally and administratively liable. (n) §2. This ignorance is not presumed after puberty.

CHAPTER 3 Can. 1097 §1. Error concerning the person renders a marriage invalid.
Void and Voidable Marriages §2. Error concerning a quality of the person does not render a marriage
invalid even if it is the cause for the contract, unless this quality is directly
ARTICLE 35. The following marriages shall be void from the and principally intended.
beginning:
xxx Can. 1098 A person contracts invalidly who enters into a marriage
(2) Those solemnized by any person not legally authorized to perform deceived by malice, perpetrated to obtain consent, concerning some
marriages unless such marriages were contracted with either or both quality of the other partner which by its very nature can gravely disturb
parties believing in good faith that the solemnizing officer had the legal the partnership of conjugal life.
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

authority to do so;
Can. 1099 Error concerning the unity or indissolubility or sacramental
ARTICLE 45. A marriage may be annulled for any of the following causes, dignity of marriage does not vitiate matrimonial consent provided that it
existing at the time of the marriage: does not determine the will.
(1) That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over but below twenty-one, Can. 1100 The knowledge or opinion of the nullity of a marriage does not
and the marriage was solemnized without the consent of the parents, necessarily exclude matrimonial consent.
guardian or person having substitute parental authority over the party,
in that order, unless after attaining the age of twenty-one, such party Can. 1101 §1. The internal consent of the mind is presumed to conform
freely cohabited with the other and both lived together as husband to the words and signs used in celebrating the marriage.
and wife; §2. If, however, either or both of the parties by a positive act of the will
(2) That either party was of unsound mind, unless such party, after exclude marriage itself, some essential element of marriage, or some
coming to reason, freely cohabited with the other as husband and essential property of marriage, the party contracts invalidly.
wife;
(3) That the consent of either party was obtained by fraud, unless such Can. 1102 §1. A marriage subject to a condition about the future cannot
party afterwards, with full knowledge of the facts constituting the be contracted validly.
fraud, freely cohabited with the other as husband and wife; §2. A marriage entered into subject to a condition about the past or the
(4) That the consent of either party was obtained by force, intimidation or present is valid or not insofar as that which is subject to the condition
undue influence, unless the same having disappeared or ceased, exists or not.
such party thereafter freely cohabited with the other as husband and §3. The condition mentioned in §2, however, cannot be placed licitly
wife; without the written permission of the local ordinary.
(5) That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears Can. 1103 A marriage is invalid if entered into because of force or grave
to be incurable; or fear from without, even if unintentionally inflicted, so that a person is
(6) That either party was afflicted with a sexually-transmissible disease compelled to choose marriage in order to be free from it.
found to be serious and appears to be incurable. (85a)
Can. 1108 §1. Only those marriages are valid which are contracted
before the local ordinary, pastor, or a priest or deacon delegated by
either of them, who assist, and before two witnesses according to the
rules expressed in the following canons and without prejudice to the
exceptions mentioned in cann. ⇒ 144, ⇒ 1112, §1, ⇒ 1116, and ⇒ 1127,
§§1-2.

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§2. The person who assists at a marriage is understood to be only that


person who is present, asks for the manifestation of the consent of the
contracting parties, and receives it in the name of the Church.

4. What is the age requirement to contract a marriage under the Family Code of the Philippines and under the Code of Canon Law?

Family Code of the Philippines Code of Canon Law


ARTICLE 5. Any male or female of the age of eighteen years or Can. 1058 All persons who are not prohibited by law can contract
upwards not under any of the impediments mentioned in Articles 37 and marriage.
38, may contract marriage. (54a)
CHAPTER III.
ARTICLE 14. In case either or both of the contracting parties, not having SPECIFIC DIRIMENT IMPEDIMENTS
been emancipated by a previous marriage, are between the ages of
eighteen and twenty-one, they shall, in addition to the requirements of Can. 1083 §1. A man before he has completed his sixteenth year of age
the preceding articles, exhibit to the local civil registrar, the consent to and a woman before she has completed her fourteenth year of age
their marriage of their father, mother, surviving parent or guardian, cannot enter into a valid marriage.
or persons having legal charge of them, in the order mentioned. Such
consent shall be manifested in writing by the interested party, who §2. The conference of bishops is free to establish a higher age for the licit
personally appears before the proper local civil registrar, or in the form of celebration of marriage.
an affidavit made in the presence of two witnesses and attested before
any official authorized by law to administer oaths. The personal Can. 1072 Pastors of souls are to take care to dissuade youth from the
manifestation shall be recorded in both applications for marriage license, celebration of marriage before the age at which a person usually enters
and the affidavit, if one is executed instead, shall be attached to said marriage according to the accepted practices of the region.
applications. (61a)

ARTICLE 15. Any contracting party between the age of twenty-one and
twenty-five shall be obliged to ask their parents or guardian for advice
upon the intended marriage. If they do not obtain such advice, or if it be
unfavorable, the marriage license shall not be issued till after three
months following the completion of the publication of the application

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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

therefor. A sworn statement by the contracting parties to the effect that


such advice has been sought, together with the written advice given, if
any, shall be attached to the application for marriage license. Should the
parents or guardian refuse to give any advice, this fact shall be stated in
the sworn statement. (62a)

ARTICLE 16. In the cases where parental consent or parental advice


is needed, the party or parties concerned shall, in addition to the
requirements of the preceding articles, attach a certificate issued by a
priest, imam or minister authorized to solemnize marriage under Article 7
of this Code or a marriage counsellor duly accredited by the proper
government agency to the effect that the contracting parties have
undergone marriage counselling. Failure to attach said certificate of
marriage counselling shall suspend the issuance of the marriage license
for a period of three months from the completion of the publication of the
application. Issuance of the marriage license within the prohibited period
shall subject the issuing officer to administrative sanctions but shall not
affect the validity of the marriage.

Should only one of the contracting parties need parental consent or


parental advice, the other party must be present at the counselling
referred to in the preceding paragraph. (n)

5. What are the requirements in order to obtain a Marriage License?

Family Code of the Philippines Code of Canon Law


ARTICLE 9. A marriage license shall be issued by the local civil registrar Can. 1067 The conference of bishops is to establish norms about the
of the city or municipality where either contracting party habitually examination of spouses and about the marriage banns or other
resides, except in marriages where no license is required in accordance opportune means to accomplish the investigations necessary before
with Chapter 2 of this Title. (58a) marriage. After these norms have been diligently observed, the pastor
can proceed to assist at the marriage.
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ARTICLE 10. Marriages between Filipino citizens abroad may be


solemnized by a consul-general, consul or vice-consul of the Republic of Can. 1068 In danger of death and if other proofs cannot be obtained, the
the Philippines. The issuance of the marriage license and the duties of aYrmation of the contracting parties, even sworn if the case warrants it,
the local civil registrar and of the solemnizing officer with regard to the that they are baptized and are prevented by no impediment is sufficient
celebration of marriage shall be performed by said consular official. (75a) unless there are indications to the contrary.

ARTICLE 11. Where a marriage license is required, each of the Can. 1069 All the faithful are obliged to reveal any impediments they
contracting parties shall file separately a sworn application for such know about to the pastor or local ordinary before the celebration of the
license with the proper local civil registrar which shall specify the marriage.
following:
(1) Full name of the contracting party; Can. 1070 If someone other than the pastor who is to assist at marriage
(2) Place of birth; has conducted the investigations, the person is to notify the pastor about
(3) Age and date of birth; the results as soon as possible through an authentic document.
(4) Civil status;
(5) If previously married, how, when and where the previous marriage Can. 1071 §1. Except in a case of necessity, a person is not to assist
was dissolved or annulled; without the permission of the local ordinary at:
(6) Present residence and citizenship; 1/ a marriage of transients;
(7) Degree of relationship of the contracting parties; 2/ a marriage which cannot be recognized or celebrated according to the
(8) Full name, residence and citizenship of the father; norm of civil law;
(9) Full name, residence and citizenship of the mother; and 3/ a marriage of a person who is bound by natural obligations toward
(10) Full name, residence and citizenship of the guardian or person another party or children arising from a previous union;
having charge, in case the contracting party has neither father nor mother 4/ a marriage of a person who has notoriously rejected the Catholic faith;
and is under the age of twenty-one years. 5/ a marriage of a person who is under a censure;
6/ a marriage of a minor child when the parents are unaware or
The applicants, their parents or guardians shall not be required to exhibit reasonably opposed;
their residence certificates in any formality in connection with the 7/ a marriage to be entered into through a proxy as mentioned in ⇒ can.
securing of the marriage license. (59a) 1105.
§2. The local ordinary is not to grant permission to assist at the marriage
ARTICLE 12. The local civil registrar, upon receiving such application, of a person who has notoriously rejected the Catholic faith unless the
shall require the presentation of the original birth certificates or, in default norms mentioned in ⇒ can. 1125 have been observed with necessary
thereof, the baptismal certificates of the contracting parties or copies of adaptation.
such documents duly attested by the persons having custody of the
originals. These certificates or certified copies of the documents required Can. 1072 Pastors of souls are to take care to dissuade youth from the
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

by this Article need not be sworn to and shall be exempt from the celebration of marriage before the age at which a person usually enters
documentary stamp tax. The signature and official title of the person marriage according to the accepted practices of the region.
issuing the certificate shall be sufficient proof of its authenticity.

If either of the contracting parties is unable to produce his birth or


baptismal certificate or a certified copy of either because of the
destruction or loss of the original, or if it is shown by an affidavit of such
party or of any other person that such birth or baptismal certificate has
not yet been received though the same has been required of the person
having custody thereof at least fifteen days prior to the date of the
application, such party may furnish in lieu thereof his current residence
certificate or an instrument drawn up and sworn to before the local civil
registrar concerned or any public official authorized to administer oaths.
Such instrument shall contain the sworn declaration of two witnesses of
lawful age, setting forth the full name, residence and citizenship of such
contracting party and of his or her parents, if known, and the place and
date of birth of such party. The nearest of kin of the contracting parties
shall be preferred as witnesses, or, in their default, persons of good
reputation in the province or the locality.

The presentation of the birth or baptismal certificate shall not be required


if the parents of the contracting parties appear personally before the local
civil registrar concerned and swear to the correctness of the lawful age of
said parties, as stated in the application, or when the local civil registrar
shall, by merely looking at the applicants upon their personally appearing
before him, be convinced that either or both of them have the required
age. (60a)

ARTICLE 13. In case either of the contracting parties has been previously
married, the applicant shall be required to furnish, instead of the birth or
baptismal certificate required in the last preceding article, the death
certificate of the deceased spouse or the judicial decree of the absolute
divorce, or the judicial decree of annulment or declaration of nullity of his
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or her previous marriage. In case the death certificate cannot be secured,


the party shall make an affidavit setting forth his circumstance and his or
her actual civil status and the name and date of death of the deceased
spouse. (61a)

6. What are the instances of Marriages which are exempt from the Marriage License Requirement?

Family Code of the Philippines Code of Canon Law


CHAPTER 2 CHAPTER VII.
Marriages Exempt from the License Requirement MARRIAGE CELEBRATED SECRETLY

ARTICLE 27. In case either or both of the contracting parties are at the Can. 1130 For a grave and urgent cause, the local ordinary can permit a
point of death, the marriage may be solemnized without the necessity of marriage to be celebrated secretly.
a marriage license and shall remain valid even if the ailing party
subsequently survives. (72a) asia dc Can. 1131 Permission to celebrate a marriage secretly entails the
following:
ARTICLE 28. If the residence of either party is so located that there is no 1/ the investigations which must be conducted before the marriage are
means of transportation to enable such party to appear personally before done secretly;
the local civil registrar, the marriage may be solemnized without the
necessity of a marriage license. (72a) 2/ the local ordinary, the one assisting, the witnesses, and the spouses
observe secrecy about the marriage celebrated.
ARTICLE 29. In the cases provided for in the two preceding articles, the
solemnizing officer shall state in an affidavit executed before the local Can. 1132 The obligation of observing the secrecy mentioned in ⇒ can.
civil registrar or any other person legally authorized to administer oaths 1131, n. 2 ceases on the part of the local ordinary if grave scandal or
that the marriage was performed in articulo mortis or that the residence of grave harm to the holiness of marriage is imminent due to the
either party, specifying the barrio or barangay, is so located that there is observance of the secret; this is to be made known to the parties before
no means of transportation to enable such party to appear personally the celebration of the marriage.
before the local civil registrar and that the officer took the necessary
steps to ascertain the ages and relationship of the contracting parties and Can. 1133 A marriage celebrated secretly is to be noted only in a special
the absence of a legal impediment to the marriage. (72a) register to be kept in the secret archive of the curia.

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ARTICLE 30. The original of the affidavit required in the last preceding
article, together with a legible copy of the marriage contract, shall be sent
by the person solemnizing the marriage to the local civil registrar of the
municipality where it was performed within the period of thirty days after
the performance of the marriage. (73a)

ARTICLE 31. A marriage in articulo mortis between passengers or crew


members may also be solemnized by a ship captain or by an airplane
pilot not only while the ship is at sea or the plane is in flight, but also
during stopovers at ports of call. (74a)

ARTICLE 32. A military commander of a unit, who is a commissioned


officer, shall likewise have authority to solemnize marriages in articulo
mortis between persons within the zone of military operation, whether
members of the armed forces or civilians. (74a)

ARTICLE 33. Marriages among Muslims or among members of the ethnic


cultural communities may be performed validly without the necessity of a
marriage license, provided that they are solemnized in accordance with
their customs, rites or practices. (78a)

ARTICLE 34. No license shall be necessary for the marriage of a man


and a woman who have lived together as husband and wife for at least
five years and without any legal impediment to marry each other. The
contracting parties shall state the foregoing facts in an affidavit before
any person authorized by law to administer oaths. The solemnizing
officer shall also state under oath that he ascertained the qualifications of
the contracting parties and found no legal impediment to the marriage.
(76a)

7. Who can solemnize a Marriage?

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Family Code of the Philippines Code of Canon Law


ARTICLE 2. No marriage shall be valid, unless these essential requisites Can. 1108 §1. Only those marriages are valid which are contracted
are present: before the local ordinary, pastor, or a priest or deacon delegated by
(1) Legal capacity of the contracting parties who must be a male and a either of them, who assist, and before two witnesses according to the
female; and rules expressed in the following canons and without prejudice to the
(2) Consent freely given in the presence of the solemnizing officer. (53a) exceptions mentioned in cann. ⇒ 144, ⇒ 1112, §1, ⇒ 1116, and ⇒ 1127,
§§1-2.
ARTICLE 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer; §2. The person who assists at a marriage is understood to be only that
(2) A valid marriage license except in the cases provided for in Chapter 2 person who is present, asks for the manifestation of the consent of the
of this Title; and contracting parties, and receives it in the name of the Church.
(3) A marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal Can. 1109 Unless the local ordinary and pastor have been
declaration that they take each other as husband and wife in the excommunicated, interdicted, or suspended from office or declared such
presence of not less than two witnesses of legal age. (53a, 55a) through a sentence or decree, by virtue of their office and within the
confines of their territory they assist validly at the marriages not only of
ARTICLE 6. No prescribed form or religious rite for the solemnization of their subjects but also of those who are not their subjects provided that
the marriage is required. It shall be necessary, however, for the one of them is of the Latin rite.
contracting parties to appear personally before the solemnizing
officer and declare in the presence of not less than two witnesses of Can. 1110 By virtue of office, a personal ordinary and a personal pastor
legal age that they take each other as husband and wife. This assist validly only at marriages where at least one of the parties is a
declaration shall be contained in the marriage certificate which shall be subject within the confines of their jurisdiction.
signed by the contracting parties and their witnesses and attested by the
solemnizing officer. Can. 1111 §1. As long as they hold office validly, the local ordinary and
the pastor can delegate to priests and deacons the faculty, even a
In case of a marriage in articulo mortis, when the party at the point of general one, of assisting at marriages within the limits of their territory.
death is unable to sign the marriage certificate, it shall be sufficient for
one of the witnesses to the marriage to write the name of said party, §2. To be valid, the delegation of the faculty to assist at marriages must
which fact shall be attested by the solemnizing officer. (55a) be given to specific persons expressly.
If it concerns special delegation, it must be given for a specific marriage;
ARTICLE 7. Marriage may be solemnized by: if it concerns general delegation, it must be given in writing.
(1) Any incumbent member of the judiciary within the court's
jurisdiction; Can. 1112 §1. Where there is a lack of priests and deacons, the
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

(2) Any priest, rabbi, imam, or minister of any church or religious sect diocesan bishop can delegate lay persons to assist at marriages, with the
duly authorized by his church or religious sect and registered with the previous favorable vote of the conference of bishops and after he has
civil registrar general, acting within the limits of the written authority obtained the permission of the Holy See.
granted him by his church or religious sect and provided that at least one
of the contracting parties belongs to the solemnizing officer's church or §2. A suitable lay person is to be selected, who is capable of giving
religious sect; instruction to those preparing to be married and able to perform the
(3) Any ship captain or airplane chief only in the cases mentioned in matrimonial liturgy properly.
Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, Can. 1113 Before special delegation is granted, all those things which
in the absence of the latter, during a military operation, likewise only in the law has established to prove free status are to be fulfilled.
the cases mentioned in Article 32; or
(5) Any consul-general, consul or vice-consul in the case provided in Can. 1114 The person assisting at marriage acts illicitly unless the
Article 10. (56a) person has made certain of the free status of the contracting parties
according to the norm of law and, if possible, of the permission of the
pastor whenever the person assists in virtue of general delegation.

ARTICLE 8. The marriage shall be solemnized publicly in the CHAPTER VII.


chambers of the judge or in open court, in the church, chapel or temple, MARRIAGE CELEBRATED SECRETLY
or in the office of the consul-general, consul or vice-consul, as the case
may be, and not elsewhere, except in cases of marriages contracted at Can. 1130 For a grave and urgent cause, the local ordinary can permit a
the point of death or in remote places in accordance with Article 29 of this marriage to be celebrated secretly.
Code, or where both of the parties request the solemnizing officer in
writing in which case the marriage may be solemnized at a house or Can. 1131 Permission to celebrate a marriage secretly entails the
place designated by them in a sworn statement to that effect. (57a) following:
1/ the investigations which must be conducted before the marriage are
ARTICLE 10. Marriages between Filipino citizens abroad may done secretly;
be solemnized by a consul-general, consul or vice-consul of the Republic
of the Philippines. The issuance of the marriage license and the duties of 2/ the local ordinary, the one assisting, the witnesses, and the spouses
the local civil registrar and of the solemnizing officer with regard to the observe secrecy about the marriage celebrated.
celebration of marriage shall be performed by said consular official. (75a)
Can. 1132 The obligation of observing the secrecy mentioned in ⇒ can.
ARTICLE 27. In case either or both of the contracting parties are at the 1131, n. 2 ceases on the part of the local ordinary if grave scandal or
point of death, the marriage may be solemnized without the necessity of grave harm to the holiness of marriage is imminent due to the
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

a marriage license and shall remain valid even if the ailing party observance of the secret; this is to be made known to the parties before
subsequently survives. (72a) asia dc the celebration of the marriage.

ARTICLE 28. If the residence of either party is so located that there Can. 1133 A marriage celebrated secretly is to be noted only in a special
is no means of transportation to enable such party to appear register to be kept in the secret archive of the curia.
personally before the local civil registrar, the marriage may be
solemnized without the necessity of a marriage license. (72a)

ARTICLE 29. In the cases provided for in the two preceding articles, the
solemnizing officer shall state in an affidavit executed before the local
civil registrar or any other person legally authorized to administer oaths
that the marriage was performed in articulo mortis or that the
residence of either party, specifying the barrio or barangay, is so
located that there is no means of transportation to enable such
party to appear personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages and relationship of
the contracting parties and the absence of a legal impediment to the
marriage. (72a)

Pursuant to the Local Government Code (effective January 1, 1992) the


mayor of a city or municipality is authorized to solemnize a marriage.
(Chapter III, Article 1, Section 444 xviii Local Government Code of the
Philippines.)

8. Where is the proper place to celebrate the Marriage?

Family Code of the Philippines Code of Canon Law


ARTICLE 3. The formal requisites of marriage are: Can. 1115 Marriages are to be celebrated in a parish where either of the
(1) Authority of the solemnizing officer; contracting parties has a domicile, quasidomicile, or month long
(2) A valid marriage license except in the cases provided for in residence or, if it concerns transients, in the parish where they actually
Chapter 2 of this Title; and reside. With the permission of the proper ordinary or proper pastor,
(3) A marriage ceremony which takes place with the appearance of marriages can be celebrated elsewhere.

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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

the contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the Can. 1118
presence of not less than two witnesses of legal age. (53a, 55a) §1. A marriage between Catholics or between a Catholic party and a non-
Catholic baptized party is to be celebrated in a parish church. It can be
ARTICLE 8. The marriage shall be solemnized publicly in the chambers celebrated in another church or oratory with the permission of the local
of the judge or in open court, in the church, chapel or temple, or in the ordinary or pastor.
office of the consul-general, consul or vice-consul, as the case may be,
and not elsewhere, except in cases of marriages contracted at the point §2. The local ordinary can permit a marriage to be celebrated in another
of death or in remote places in accordance with Article 29 of this Code, or suitable place.
where both of the parties request the solemnizing officer in writing in
which case the marriage may be solemnized at a house or place §3. A marriage between a Catholic party and a non-baptized party can be
designated by them in a sworn statement to that effect. (57a) celebrated in a church or in another suitable place.

ARTICLE 29. In the cases provided for in the two preceding articles, the Can. 1119 Outside the case of necessity, the rites prescribed in the
solemnizing officer shall state in an affidavit executed before the local liturgical books approved by the Church or received by legitimate
civil registrar or any other person legally authorized to administer oaths customs are to be observed in the celebration of a marriage.
that the marriage was performed in articulo mortis or that the residence of
either party, specifying the barrio or barangay, is so located that there is Can. 1120 The conference of bishops can produce its own rite of
no means of transportation to enable such party to appear personally marriage, to be reviewed by the Holy See, in keeping with the usages of
before the local civil registrar and that the officer took the necessary places and peoples which are adapted to the Christian spirit;
steps to ascertain the ages and relationship of the contracting parties and nevertheless, the law remains in effect that the person who assists at the
the absence of a legal impediment to the marriage. (72a) marriage is present, asks for the manifestation of consent of the
contracting parties, and receives it.

9. What is the Purpose of Marriage?

Family Code of the Philippines Code of Canon Law


TITLE I Can. 1055 §1. The matrimonial covenant, by which a man and a woman
Marriage establish between themselves a partnership of the whole of life and
CHAPTER 1 which is ordered by its nature to the good of the spouses and the
Requisites of Marriage procreation and education of offspring, has been raised by Christ the

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ARTICLE 1. Marriage is a special contract of permanent union between Lord to the dignity of a sacrament between the baptized.
a man and a woman entered into in accordance with law for the
establishment of conjugal and family life. It is the foundation of the §2. For this reason, a valid matrimonial contract cannot exist between the
family and an inviolable social institution whose nature, consequences, baptized without it being by that fact a sacrament.
and incidents are governed by law and not subject to stipulation, except
that marriage settlements may fix the property relations during the Can. 1056 The essential properties of marriage are unity and
marriage within the limits provided by this Code. (52a) indissolubility, which in Christian marriage obtain a special firmness by
reason of the sacrament.

10. What are the Impediments to Marriage?

Family Code of the Philippines Code of Canon Law


Can. 1066 Before a marriage is celebrated, it must be evident that
nothing stands in the way of its valid and licit celebration.

CHAPTER II.
DIRIMENT IMPEDIMENTS IN GENERAL

Can. 1073 A diriment impediment renders a person unqualified to


contract marriage validly.

Can. 1074 An impediment which can be proven in the external forum is


considered to be public; otherwise it is occult.

Can. 1075 §1. It is only for the supreme authority of the Church to
declare authentically when divine law prohibits or nullifies marriage.
§2. Only the supreme authority has the right to establish other
impediments for the baptized.

Can. 1076 A custom which introduces a new impediment or is contrary

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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

to existing impediments is reprobated.

Can. 1077 §1. In a special case, the local ordinary can prohibit marriage
for his own subjects residing anywhere and for all actually present in his
own territory but only for a time, for a grave cause, and for as long as the
cause continues.
§2. Only the supreme authority of the Church can add a nullifying clause
to a prohibition.

Can. 1078 §1. The local ordinary can dispense his own subjects residing
anywhere and all actually present in his own territory from all
impediments of ecclesiastical law except those whose dispensation is
reserved to the Apostolic See.

§2. Impediments whose dispensation is reserved to the Apostolic See


are:
1/ the impediment arising from sacred orders or from a public perpetual
vow of chastity in a religious institute of pontifical right;
2/ the impediment of crime mentioned in ⇒ can. 1090.

§3. A dispensation is never given from the impediment of consanguinity


in the direct line or in the second degree of the collateral line.

Can. 1079 §1. In urgent danger of death, the local ordinary can dispense
his own subjects residing anywhere and all actually present in his territory
both from the form to be observed in the celebration of marriage and from
each and every impediment of ecclesiastical law, whether public or
occult, except the impediment arising from the sacred order of
presbyterate.
§2. In the same circumstances mentioned in §1, but only for cases in
which the local ordinary cannot be reached, the pastor, the properly
delegated sacred minister, and the priest or deacon who assists at
marriage according to the norm of ⇒ can. 1116, §2 possess the same
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

power of dispensing.
§3. In danger of death a confessor possesses the power of dispensing
from occult impediments for the internal forum, whether within or outside
the act of sacramental confession.
§4. In the case mentioned in §2, the local ordinary is not considered
accessible if he can be reached only through telegraph or telephone.

Can. 1080 §1. Whenever an impediment is discovered after everything


has already been prepared for the wedding, and the marriage cannot be
delayed without probable danger of grave harm until a dispensation is
obtained from the competent authority, the local ordinary and, provided
that the case is occult, all those mentioned in ⇒ can. 1079, §§2-3 when
the conditions prescribed therein have been observed possess the power
of dispensing from all impediments except those mentioned in ⇒ can.
1078, §2, n. 1.

§2. This power is valid even to convalidate a marriage if there is the


same danger in delay and there is insufficient time to make recourse to
the Apostolic See or to the local ordinary concerning impediments from
which he is able to dispense.

Can. 1081 The pastor or the priest or deacon mentioned in ⇒ can. 1079,
§2 is to notify the local ordinary immediately about a dispensation
granted for the external forum; it is also to be noted in the marriage
register.

CHAPTER 3 Can. 1082 Unless a rescript of the Penitentiary provides otherwise, a


Void and Voidable Marriages dispensation from an occult impediment granted in the non-sacramental
internal forum is to be noted in a book which must be kept in the secret
VOID MARRIAGES archive of the curia; no other dispensation for the external forum is
necessary if afterwards the occult impediment becomes public.
ARTICLE 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with CHAPTER III.
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the consent of parents or guardians; SPECIFIC DIRIMENT IMPEDIMENTS


(2) Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted with either or both Can. 1083 §1. A man before he has completed his sixteenth year of age
parties believing in good faith that the solemnizing officer had the and a woman before she has completed her fourteenth year of age
legal authority to do so; cannot enter into a valid marriage.
(3) Those solemnized without a license, except those covered the §2. The conference of bishops is free to establish a higher age for the licit
preceding Chapter; celebration of marriage.
(4) Those bigamous or polygamous marriages not falling under Article
41; Can. 1084 §1. Antecedent and perpetual impotence to have intercourse,
(5) Those contracted through mistake of one contracting party as to the whether on the part of the man or the woman, whether absolute or
identity of the other; and relative, nullifies marriage by its very nature.
(6) Those subsequent marriages that are void under Article 53. §2. If the impediment of impotence is doubtful, whether by a doubt about
the law or a doubt about a fact, a marriage must not be impeded nor,
ARTICLE 36. A marriage contracted by any party who, at the time of the while the doubt remains, declared null.
celebration, was psychologically incapacitated to comply with the §3. Sterility neither prohibits nor nullifies marriage, without prejudice to
essential marital obligations of marriage, shall likewise be void even if the prescript of ⇒ can. 1098.
such incapacity becomes manifest only after its solemnization. (As
amended by Sec. 2, E.O. No. 227, July 17, 1987) Can. 1085 §1. A person bound by the bond of a prior marriage, even if it
was not consummated, invalidly attempts marriage.
ARTICLE 37. Marriages between the following are incestuous and void §2. Even if the prior marriage is invalid or dissolved for any reason, it is
from the beginning, whether the relationship between the parties be not on that account permitted to contract another before the nullity or
legitimate or illegitimate: dissolution of the prior marriage is established legitimately and certainly.
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a) Can. 1086 §1. A marriage between two persons, one of whom has been
baptized in the Catholic Church or received into it and has not defected
from it by a formal act and the other of whom is not baptized, is invalid.
ARTICLE 38. The following marriages shall be void from the beginning §2. A person is not to be dispensed from this impediment unless the
for reasons of public policy: conditions mentioned in cann. ⇒ 1125 and ⇒ 1126 have been fulfilled.
(1) Between collateral blood relatives, whether legitimate or illegitimate, §3. If at the time the marriage was contracted one party was commonly
up to the fourth civil degree; held to have been baptized or the baptism was doubtful, the validity of
(2) Between step-parents and step-children; the marriage must be presumed according to the norm of ⇒ can. 1060
(3) Between parents-in-law and children-in-law; until it is proven with certainty that one party was baptized but the other
(4) Between the adopting parent and the adopted child; was not.
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(5) Between the surviving spouse of the adopting parent and the adopted
child; Can. 1087 Those in sacred orders invalidly attempt marriage.
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter; Can. 1088 Those bound by a public perpetual vow of chastity in a
(8) Between adopted children of the same adopter; and religious institute invalidly attempt marriage.
(9) Between parties where one, with the intention to marry the other,
killed that other person's spouse or his or her own spouse. (82a) Can. 1089 No marriage can exist between a man and a woman who has
been abducted or at least detained with a view of contracting marriage
ARTICLE 39. The action or defense for the declaration of absolute nullity with her unless the woman chooses marriage of her own accord after she
of a marriage shall not prescribe. (As amended by R.A. No. 8533, Feb. has been separated from the captor and established in a safe and free
23, 1998) place.

ARTICLE 40. The absolute nullity of a previous marriage may be invoked Can. 1090 §1. Anyone who with a view to entering marriage with a
for purposes of remarriage on the basis solely of a final judgment certain person has brought about the death of that person’s spouse or of
declaring such previous marriage void. (n) one’s own spouse invalidly attempts this marriage.
§2. Those who have brought about the death of a spouse by mutual
ARTICLE 41. A marriage contracted by any person during the physical or moral cooperation also invalidly attempt a marriage together.
subsistence of a previous marriage shall be null and void, unless
before the celebration of the subsequent marriage, the prior spouse had Can. 1091 §1. In the direct line of consanguinity marriage is invalid
been absent for four consecutive years and the spouse present had a between all ancestors and descendants, both legitimate and natural.
well-founded belief that the absent spouse was already dead. In case of §2. In the collateral line marriage is invalid up to and including the fourth
disappearance where there is danger of death under the circumstances degree.
set forth in the provisions of Article 391 of the Civil Code, an absence of §3. The impediment of consanguinity is not multiplied.
only two years shall be sufficient. §4. A marriage is never permitted if doubt exists whether the partners are
related by consanguinity in any degree of the direct line or in the second
For the purpose of contracting the subsequent marriage under the degree of the collateral line.
preceding paragraph, the spouse present must institute a summary
proceeding as provided in this Code for the declaration of presumptive Can. 1092 Affinity in the direct line in any degree invalidates a marriage.
death of the absentee, without prejudice to the effect of reappearance of
the absent spouse. (83a) Can. 1093 The impediment of public propriety arises from an invalid
marriage after the establishment of common life or from notorious or
ARTICLE 42. The subsequent marriage referred to in the preceding public concubinage. It nullifies marriage in the first degree of the direct
Article shall be automatically terminated by the recording of the affidavit line between the man and the blood relatives of the woman, and vice
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of reappearance of the absent spouse, unless there is a judgment versa.


annulling the previous marriage or declaring it void ab initio.
Can. 1094 Those who are related in the direct line or in the second
A sworn statement of the fact and circumstances of reappearance shall degree of the collateral line by a legal relationship arising from adoption
be recorded in the civil registry of the residence of the parties to the cannot contract marriage together validly.
subsequent marriage at the instance of any interested person, with due
notice to the spouses of the subsequent marriage and without prejudice
to the fact of reappearance being judicially determined in case such fact
is disputed. (n)

ARTICLE 43. The termination of the subsequent marriage referred to


in the preceding Article shall produce the following effects:
(1) The children of the subsequent marriage conceived prior to its
termination shall be considered legitimate, and their custody and
support in case of dispute shall be decided by the court in a proper
proceeding;
(2) The absolute community of property or the conjugal partnership, as
the case may be, shall be dissolved and liquidated, but if either
spouse contracted said marriage in bad faith, his or her share of the
net profits of the community property or conjugal partnership property
shall be forfeited in favor of the common children or, if there are none,
the children of the guilty spouse by a previous marriage or in default
of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if the
donee contracted the marriage in bad faith, such donations made to
said donee are revoked by operation of law
(4) The innocent spouse may revoke the designation of the other spouse
who acted in bad faith as a beneficiary in any insurance policy, even if
such designation be stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith
shall be disqualified to inherit from the innocent spouse by testate and
intestate succession. (n)
CHAPTER IV.
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ARTICLE 44. If both spouses of the subsequent marriage acted in bad MATRIMONIAL CONSENT
faith, said marriage shall be void ab initio and all donations by reason of
marriage and testamentary dispositions made by one in favor of the other Can. 1095 The following are incapable of contracting marriage:
are revoked by operation of law. (n) 1/ those who lack the sufficient use of reason;
2/ those who suffer from a grave defect of discretion of judgment
VOIDABLE MARRIAGES concerning the essential matrimonial rights and duties mutually to be
ARTICLE 45. A marriage may be annulled for any of the following handed over and accepted;
causes, existing at the time of the marriage: 3/ those who are not able to assume the essential obligations of marriage
(1) That the party in whose behalf it is sought to have the marriage for causes of a psychic nature.
annulled was eighteen years of age or over but below twenty-one,
and the marriage was solemnized without the consent of the parents, Can. 1096 §1. For matrimonial consent to exist, the contracting parties
guardian or person having substitute parental authority over the party, must be at least not ignorant that marriage is a permanent partnership
in that order, unless after attaining the age of twenty-one, such party between a man and a woman ordered to the procreation of offspring by
freely cohabited with the other and both lived together as husband means of some sexual cooperation.
and wife; §2. This ignorance is not presumed after puberty.
(2) That either party was of unsound mind, unless such party, after
coming to reason, freely cohabited with the other as husband and Can. 1097 §1. Error concerning the person renders a marriage invalid.
wife; §2. Error concerning a quality of the person does not render a marriage
(3) That the consent of either party was obtained by fraud, unless such invalid even if it is the cause for the contract, unless this quality is directly
party afterwards, with full knowledge of the facts constituting the and principally intended.
fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or Can. 1098 A person contracts invalidly who enters into a marriage
undue influence, unless the same having disappeared or ceased, deceived by malice, perpetrated to obtain consent, concerning some
such party thereafter freely cohabited with the other as husband and quality of the other partner which by its very nature can gravely disturb
wife; the partnership of conjugal life.
(5) That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears Can. 1099 Error concerning the unity or indissolubility or sacramental
to be incurable; or dignity of marriage does not vitiate matrimonial consent provided that it
(6) That either party was afflicted with a sexually-transmissible disease does not determine the will.
found to be serious and appears to be incurable. (85a)
Can. 1100 The knowledge or opinion of the nullity of a marriage does not
ARTICLE 46. Any of the following circumstances shall constitute fraud necessarily exclude matrimonial consent.
referred to in number 3 of the preceding Article:
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(1) Non-disclosure of a previous conviction by final judgment of the other Can. 1101 §1. The internal consent of the mind is presumed to conform
party of a crime involving moral turpitude; to the words and signs used in celebrating the marriage.
(2) Concealment by the wife of the fact that at the time of the marriage, §2. If, however, either or both of the parties by a positive act of the will
she was pregnant by a man other than her husband; exclude marriage itself, some essential element of marriage, or some
(3) Concealment of a sexually-transmissible disease, regardless of its essential property of marriage, the party contracts invalidly.
nature, existing at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism, homosexuality or Can. 1102 §1. A marriage subject to a condition about the future cannot
lesbianism existing at the time of the marriage. be contracted validly.
No other misrepresentation or deceit as to character, health, rank, fortune§2. A marriage entered into subject to a condition about the past or the
or chastity shall constitute such fraud as will give grounds for action forpresent is valid or not insofar as that which is subject to the condition
the annulment of marriage. (86a) exists or not.
§3. The condition mentioned in §2, however, cannot be placed licitly
ARTICLE 47. The action for annulment of marriage must be filed by without the written permission of the local ordinary.
the following persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45, by the party whose Can. 1103 A marriage is invalid if entered into because of force or grave
parent or guardian did not give his or her consent, within five years fear from without, even if unintentionally inflicted, so that a person is
after attaining the age of twenty-one; or by the parent or guardian or compelled to choose marriage in order to be free from it.
person having legal charge of the minor, at any time before such party
reaches the age of twenty-one; Can. 1084 §1. Antecedent and perpetual impotence to have intercourse,
(2) For causes mentioned in number 2 of Article 45, by the sane spouse whether on the part of the man or the woman, whether absolute or
who had no knowledge of the other's insanity; by any relative, relative, nullifies marriage by its very nature.
guardian or person having legal charge of the insane, at any time §2. If the impediment of impotence is doubtful, whether by a doubt about
before the death of either party; or by the insane spouse during a the law or a doubt about a fact, a marriage must not be impeded nor,
lucid interval or after regaining sanity; while the doubt remains, declared null.
(3) For causes mentioned in number 3 of Article 45, by the injured party, §3. Sterility neither prohibits nor nullifies marriage, without prejudice to
within five years after the discovery of the fraud; the prescript of ⇒ can. 1098.
(4) For causes mentioned in number 4 of Article 45, by the injured party,
within five years from the time the force, intimidation or undue
influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured
party, within five years after the marriage. (87a)

ARTICLE 48. In all cases of annulment or declaration of absolute nullity of


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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

marriage, the court shall order the prosecuting attorney or fiscal assigned
to it to appear on behalf of the State to take steps to prevent collusion
between the parties and to take care that evidence is not fabricated or
suppressed.
In the cases referred to in the preceding paragraph, no judgment shall be
based upon a stipulation of facts or confession of judgment. (88a)

ARTICLE 49. During the pendency of the action and in the absence of
adequate provisions in a written agreement between the spouses, the
court shall provide for the support of the spouses and the custody and
support of their common children. The court shall give paramount
consideration to the moral and material welfare of said children and their
choice of the parent with whom they wish to remain as provided for in
Title IX. It shall also provide for appropriate visitation rights of the other
parent. (n)

ARTICLE 50. The effects provided for in paragraphs (2), (3), (4) and (5) of
Article 43 and in Article 44 shall also apply in proper cases to marriages
which are declared void ab initio or annulled by final judgment under
Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition
and distribution of the properties of the spouses, the custody and support
of the common children, and the delivery of their presumptive legitimes,
unless such matters had been adjudicated in previous judicial
proceedings.
All creditors of the spouses as well as of the absolute community or the
conjugal partnership shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated,
shall be adjudicated in accordance with the provisions of Articles 102 and
129.

ARTICLE 51. In said partition, the value of the presumptive legitimes of all
common children, computed as of the date of the final judgment of the
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Marriage under Family Code of the Philippines and Code of Canon Law By Dr. Angela C. Ylagan (Doctor of Civil Law)

trial court, shall be delivered in cash, property or sound securities, unless


the parties, by mutual agreement judicially approved, had already
provided for such matters.
The children or their guardian, or the trustee of their property, may ask for
the enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no
way prejudice the ultimate successional rights of the children accruing
upon the death of either or both of the parents; but the value of the
properties already received under the decree of annulment or absolute
nullity shall be considered as advances on their legitime. (n)

ARTICLE 52. The judgment of annulment or of absolute nullity of the


marriage, the partition and distribution of the properties of the spouses,
and the delivery of the children's presumptive legitimes shall be recorded
in the appropriate civil registry and registries of property; otherwise, the
same shall not affect third persons. (n)

ARTICLE 53. Either of the former spouses may marry again after
complying with the requirements of the immediately preceding Article;
otherwise, the subsequent marriage shall be null and void.

ARTICLE 54. Children conceived or born before the judgment of


annulment or absolute nullity of the marriage under Article 36 has
become final and executory, shall be considered legitimate. Children
conceived or born of the subsequent marriage under Article 53 shall
likewise be legitimate.

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