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REVIEWER FOR PERSONS AND FAMILY RELATIONS (MARRIAGE – Part 1): Prepared by Robby Delgado

(A1) – Marriage is a special contract: (A7) – Solemnizing Officers: (A45) – Marriage may be annulled
by the following causes, existing at
 Foundation of the family & society  Member of the Judiciary; w/in court’s jurisdiction
the time of marriage:
 Permanent union of man & woman  P.R.I.M. (Priest, Rabbi, Imam, Minister)
 You cannot just terminate it (inviolable)  Ship Captain or Airplane Pilot (Articulo Mortis; Vessel) - Age: 18 ≥ & <21 w/ consent
 Military Commander (Articulo Mortis; Zone of Military) (Parental, Substitute, Guardian) ĕ
(A2) – Essential Requisites:  Consul, Consul-General, Vice-Consul (Abroad: Only in the age 21 & cohabiting as Husband
Embassy) and Wife (H&W)
 Legal Capacity – 18 at the time of - Unsound mind ĕ coming to
marriage; male & female Also: - Mayor or Vice Mayor (Local Government Code); reason & freely cohab. as H&W.
 Consent Freely given – in the presence - IPRA Persons (Indigenous People Republic Act) - Consent obtained by fraud ĕ with
of the solemnizing officer full knowledge & freely cohab.
(Exemptions) – Chapter II: ML Exemption (A.R.A.C.A.M.A.) - Consent obtained by force ĕ
(A3) – Formal Requisites:
having disappeared/ceased &
 (A27) – Articulo Mortis
 Authority of the Solemnizing Officer  (A28/29) – Remote Area
freely cohabitated.
Can be cured by good faith – A35(2) - Physically incapable of
 (A32) – Articulo Mortis (Airship/Ship)
 Valid Marriage License consummating the Marriage;
 (A34) – Cohabitation
 Marriage Ceremony appears incurable (incur.)
 (A32) – Articulo Mortis (Military; 2nd lieutenant up
- Afflicted with STD; serious, incur.
(A4) – Void and Voidable Marriages:  (A33) – Muslim
 (A26) – Abroad; ĕ (A10 – by Consul, etc.)
 Absence of any of the Essential/Formal
requisites = VOID AB INITIO; ĕ A35(2) (A6) – Marriage Ceremony (A38) – Public Policy; continuation
 Defect in any of the Essential requisites
= VOIDABLE; provided in A45  Two contracting parties (appear personally)  (4) adopting parent &
 Solemnizing Officer (attested by) adopted child
 Personal declaration (contained in Marriage Cert. signed  (5) surviving spouse of &
(A5) – Any M/F of the age of 18 or upwards, not by husband and wife’s witnesses) adopted child
under any of the impediments mentioned in:
 Two witnesses (of legal age)  (6) surviving spouse of &
 A37 & A38; may contract marriage adopter
 (7) adopted child & legit
(A38) – Public Policy (VOID AB INITIO)
(A37) – Incestuous Marriage (VOID AB INITIO) child (of the adopter)
 (1) Collateral blood relatives (legit/not) up to the 4th Civil  (8) adopted children from
 Ascendants & descendants; any degree degree – 5th degree upwards is legal same adopter
 Brothers & sisters; full or half blood  (2) Step-parents & step-children  (9) Intention to marry the
 (3) parents-in-law & children-in-law other; killed him/her.