1. Distinction between marriage and an ordinary contract.

Marriage Ordinary Contract

1. BOTH a contract and a social institution
2. General: Stipulations are fixed by law
Exception: Marriage Settlements Provisions
3. Age of contracting parties varies
4. Dissolved by DEATH or ANNULMENT
1. Merely a contract
2. General: Stipulations are fixed by the PARTIES
except contrary to LAMOPOSCO
3. Parties must of the age of majority
4. Ended by MUTUAL AGREEMENT or OTHER
LEGAL CAUSE

2. What are the ESSENTIAL AND FORMAL requisites of marriage and give the effect of the
absence of any of them?

Essential
1. Legal capacity of the contracting parties who must be a male and a female.
2. Consent freely given in the presence of Solemnizing Officer
Formal
1. Authority of the solemnizing officer
2. Valid Marriage License except in the cases provided for Marriages exempt from the
license requirement
3. Marriage Ceremony which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of legal age.

ABSENCE of any of the essential and formal requisites will render the marriage VIOD AB INITIO,
except as stated in Article 35 (2).

DEFECT in any of the essential requisites shall render the marriage VIODABLE as provided in Article
45

IRREGULARITY in the formal requisites shall not affect the validity of the marriage but the party or
parties responsible for the irregularity shall be civilly, criminally and administratively liable.

3. Marriageable ages of parties and ages requiring parent consent and advice

Marriageable ages of the contracting parties – any male or female of the age of 18 years old upwards
not under any impediments mentioned in Article 37(incestuous marriage) and Article 38(by reason of
public policy) may contract marriage, likewise they are obligated to still comply with other essential as
well as formal requisites.

NEED OF CONSENT WHEN TH CONTRACTING PARTIES ARE BETWEEN 18 – 21 YEARS OLD

- In addition to the requirements, consent exhibited to the local civil registrar must be following
order:
1. Father
2. Mother
3. Surviving parent or guardian
4. Persons having legal charge of the contracting parties
- Consent shall be manifested in writing by the interested party, who personally appears before
the proper local civil registrar, or in the form of an affidavit made in the presence of two
witnesses and attested before any official authorized by law to administer oath. Must be
recorded in both application of marriage license and affidavit, if only one is executed such
manifestation shall be attached to

EFFECT OF PARENT’S REFUSAL OR IF ADVISE IS INFAVORABLE

- If the contracting parties are between the ages of 21 to 25 years old, they shall be obliged
to ask for their parents or guardian for advice upon the intended marriage.
- If such advice is not obtained or it may be unfavorable, the MARRIAGE LICENSE shall
not be issued until AFTER THREE MONTHS following the publication of the application
therefor.
- To effect such advice a sworn statement by the contracting parties shall be sought,
together with the advice given, if any and shall be attached to the application of marriage
license. Should the parents refuse to give such advice, this fact shall be stated in the sworn
statement.
4. General Rule and exception for validity of marriage celebrated abroad.

GENERAL RULE FOR THE VALIDITY OF MARRIAGES CELEBRATED ABROAD

All marriages solemnized outside the Philippines in accordance with the laws in force in the
country where they were solemnized, and valid there as such, shall also be valid in this country.

EXCEPTION TO THE GENERAL RULE

1. Those contracted by any party below eighteen years of age even with the consent of parents or
guardians
2. Those bigamous or polygamous marriages
3. Those contracted through mistake of one contracting party as to identity of the other
4. Those subsequent marriages that are void under Article 53
5. Marriage contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage
6. Incestuous marriages whether the relationship between the parties be legitimate of illegitimate

5. Give the effect of divorce of a marriage between a Filipino citizen and a foreigner. If divorce is
obtained by the Filipino spouse, what is the effect of the divorce?

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino
spouse shall likewise have capacity to remarry under Philippine Law.

If the foreign divorce is obtained by the Filipino spouse, the divorce is VOID.

6. A man 25 years old has been living for five years as the common-law husband of a girl who is
16 years old. Can they get validly married even without a marriage license?

No. For the girl is still minor and therefore cannot yet marry.

Requisite of Ratification of Marital Cohabitation:

1. The contracting parties must have lived together as husband and wife for at least five
years before the marriage they are entering into
2. No legal impediment of any kind must exist between them
3. Must be stated in an affidavit before any person authorized by law to administer oaths
4. The necessary affidavit of the person solemnizing the marriage

7. Distinctions between a void and voidable marriages

VOID VS VOIDABLE MARRIAGES

VOID VOIDABLE
1. Can never be ratified 1. Can generally be ratified by free cohabitation
2. Always void 2. Valid until annulled
3. Cannot be assailed collaterally; there must be
3. Can be attacked directly or collaterally
a direct proceeding
4. There is no conjugal partnership 4. There is a conjugal partnership

8. What happens to a marriage contracted by any person during the subsistence of a previous
marriage?

1. Marriage contracted by any person during the subsistence of previous marriage shall be null and
void

Exception:
- Before the celebration of the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present had a well-founded belief that the spouse was
already dead.
- Two years shall be sufficient in case the disappearance involved a danger or death where the
provisions set forth in Article 391 govern.

Note: For the purpose of contracting the subsequent marriage, the spouse present must
institute a summary proceeding for the declaration of presumptive death of absence,
without the prejudice to the effect of reappearance of the absent spouse
9. What is necessary for purposes of remarriage before a judicial declaration of presumptive death
can be obtained?

For the purpose of remarriage, it is necessary to strictly, comply with the stringent standard and
have the spouse judicially declared presumptively dead.
Before a judicial declamation of presumptive death can be obtained, it must be shown that the
prior spouse had been absent for four consecutive years and present spouse had a well-founded belief
that the prior spouse was already dead

10. What is the doctrine of triennial cohabitation?

- If the wife still remains virgin after living together with her husband for three years, the
presumption is that the husband is impotent, and he will have to overcome this presumption

11. Distinction between annulment and legal separation.

ANNULMENT VS LEGAL SEPARATION

ANNULMENT
1. Marriage was defective at the very beginning
2. Cause of annulment must be already existing
at the time of the marriage
3. There are six grounds for annulment
4. Dissolves the marriage bond. The parties are
free to marry again
5.From the angle of Private International Law, the
grounds are generally those given in the lex loci
celebrationis
LEGAL SEPARATION
1. There was no defect in the marriage at the
beginning
2. Cause for legal separation arises after the
marriage celebration
3. There are 10 grounds for legal separation
4. The marriage remains
5. From said angle, the grounds are those given
by the NATIONAL LAW, not the lex loci
celebrationis, the very validity of the marriage
itself is NOT questioned, unlike in the case of
annulment

12. Who may sue for annulment? When is the prescriptive period?

WHEN AND WHO CAN FILE AN ACTION FOR ANNULMENT?

1. For Non-age – Before the party becomes 21, his or her parent can file the action
After the party become 21, the party herself or himself
Period: Within 5 years after reaching 21

2. Unsoundness of Mind – the spouses or the relative or the guardians of the insane at any time
before the death of either party

3. Fraud – the injured party can file within five years AFTER the discovery of the fraud

4. Force or Intimidation or undue influence – the injured party can file within five years from the
time the force or intimidation or undue influence ceased

5. Impotence – the injured party can file within five years AFTER the celebration of the marriage.

6. Sexually transmissible disease – the injured party can file within five years AFTER the
celebration of the marriage.

13.1. A, married B. It turned out that B was insane when the ceremony was performed. May he
bring an action for annulment?

If A knew this insanity during the marriage ceremony he cannot successfully bring an action for
annulment of the marriage. The law clearly says that he must have no knowledge of the other’s insanity.
He who comes to equity must come with clean hands. But the relatives as guardian of the insane may.
If A did not know of the insanity during the marriage ceremony he may bring an action for
annulment
13.2. Distinction between legal separation and separation of property.

LEGAL SEPARATION VS SEPARATION OF PROPERTY

LEGAL SEPARATION SEPARATION OF PROPERTY
1. Must be done through the court 1. If one prior to marriage – may done through
the marriage settlement
If one during the existence of marriage – must
be done through the courts
2. Always involve separation of property 2. May exists with or without legal separation
3. May be considered, in a sense, as a cause of 3. May be considered, in a sense, as one of the
separation of property effects of legal separation
4. The spouses person are necessarily separated 4. The spouses persons are NOT necessarily
separated

14. What are the sources of expenses for support and other conjugal obligations, and
management of the household?

The spouses are jointly responsible for the support of the family. The expenses for such support
and other conjugal obligations shall be paid from the community property and in the absence thereof,
from the income or fruits of their separate properties. In case of insufficiency or absence of said income or
fruits, such obligations shall be satisfied from their separate properties.

15. What is the effect of the stipulation in the marriage settlement if marriage does not take place?

Everything stipulated in the settlement contracts in consideration of a future marriage, including

donations between the prospective spouses made therein, shall be rendered void if the marriage does not
take place. However, stipulations that do not depend upon the celebration of the marriage shall be valid.

Rule if a child is recognized in the marriage settlements.

1. If the child is of major age, the recognition is valid, provided that the child gave his consent.
This is so even if no judicial approval was obtained because the child is already of major age
2. If the child is a minor, the minor need not consent, but judicial approval is needed, for if the
recognition of a minor does not take place in a record of birth or in a will, judicial approval
shall be needed. However the recognition is not void but it is only VOIDABLE and may be
ratified by the child later on inasmuch as the necessity of judicial approval is for the benefit of
the child

16. What is the rule as to deficiency or excess in case of foreclosure of sale of a property subject
of donation propter nuptias?

Donations by reason of marriage of property subject to encumbrance shall be valid. In case of

foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation
secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total
amount of said obligation, the donee shall be entitled to the excess.

17. Is a donation between spouses during the marriage valid or not? What is the status of the
donation and who can assail its validity?

Every donation or grant of gratuitous advantage, direct or indirect, between spouses during the
marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of
any family rejoicing. The prohibition shall also apply to persons living together as husband and wife
without a valid marriage.
Only those prejudiced by the transfer may take advantage of the fact that the donation is void can
assail the validity of said donations.

18. What governs the regime of absolute community property? And what does it consist of?

The provisions on co-ownership shall apply to the absolute community of property between the
spouses in all matters not provided for by the Family Code.
Unless otherwise provided in the Family Code or in the marriage settlements, the community
property shall consist of ALL the property OWNED by the spouses AT THE TIME OF THE
CELEBRATION OF THE MARRIAGE or ACQUIRED thereafter.
19. Can the spouse donate any of the community/conjugal property without the consent of the
other?

Neither spouse may donate any community/conjugal property without the consent of the other.
However, either spouse may, without the consent of the other, make MODERATE DONATIONS from the
community property for CHARITY or on occasion of FAMILY REJOICING or FAMILY DISTRESS.

20. In case of dissolution of the absolute community/conjugal property and the subject of the
partition is the conjugal dwelling and the lot on which it is situated, to whom shall the same be
adjudicated?

Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal
dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of
the common children choose to remain. Children below the age of seven years are deemed to have
chosen the mother, unless the court has decided otherwise. In case there is no such majority, the court
shall decide, taking into consideration the best interests of said children.

OTHER TOPICS – With “SEVERAL ASTERISK” not mentioned above.

1. Definition of Marriage
Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of social
institution whose nature, consequences, and incidents are governed by law and not subject to
stipulations, EXCEPT that marriage settlements may fix the property relations during the marriage within
the limits provided by the family code (Article 1)

2. Who are the Solemnizing Officers?

A. Any incumbent member of the judiciary within the court’s jurisdiction
B. Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his church
and registered with the civil registrar general, acting within the limits of authority granted him by
his church or religious sect provided that at least one of contracting parties belongs to the
solemnizing officers church or religious sect
C. Any ship captain or airplane chief ONLY in the cases mentioned in Article 31 (Marriage in Articulo
Mortis between crew members or passenger including stop overs)
D. Any military commander of a unit to which a chaplain is assigned , in the absence of the latter,
during military operations, ONLY in cases mentioned in Article 32 (Marriage in Articulo Mortis
between persons within the zone of military operations whether armed forces or civilian)
E. Any consul-general, consul or vice consul in the case provided in Article 10 (Marriage between
Filipino Citizens abroad)

3. Validity of the marriage license

The license shall be valid in any part of the Philippines for a period of 120 days from the date of
issue, and shall be deemed automatically cancelled at the expiration of said period if the contracting
parties have not made use of it. The expiry date shall be stamped in bold characters on the face of every
license issued.

4. Psychological Incapacity
A marriage contracted by any party who, at the time of the celebration, was psychologically
incapacitate to comply with the essential marital obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its solemnization.
Psychological incapacity is the condition of a person who does not have the mind, the will and
heart for the performance of marriage obligations. Said incapacity must be a lasting condition i.e. the
signs are clear that the subject will not be rid of his incapacity, considering the peculiar socio-cultural
milieu of his marriage, its actual situation, and the concrete person of his spouse. However, the incapacity
must already be a condition in the subject at the time of the wedding, although its manifestation or
detection would occur later.
5. Marriages void from the beginning (Article 35)
1. Those contracted by any party below 18 years of age even with the consent of parents or
guardians
2. Those solemnized by any person not legally authorized to perform marriages
3. Those solemnized without license, except those marriages exempt from acquiring marriage
license
4. Those bigamous or polygamous marriages not falling under Article 41
5. Those contracted through mistake of one contracting party as to the identity of the other
6. Those subsequent marriages that are void under Article 53.
7. Incestuous marriage whether the relationship between the parties be legitimate or illegitimate:
a) Between ascendants and descendants of any degree
b) Between brothers and sisters, whether of the full or half-blood
8. Marriages by reason of public policy:
a) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth
civil degree
b) Between step-parents and step-children
c) Between parent-in-law and children-in-law
d) Between the adopting parent and the adopted child
e) Between the surviving spouse of the adopted child and the adopter
f) Between an adopted child and a legitimate child of the adopter
g) Between adopted children of the same adopter
h) Between parties where one, with the intention to marry the other, killed that other
person’s spouse, or his or her own spouse

6. Other void marriages.

1. Marriages in a play, drama, or movie
2. Marriages between two boys and two girls
3. Marriages in jest
4. Common law marriages

7. EFFECTS OF THE TERMINATION OF SUBSEQUENT MARRIAGE

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, shall be dissolved and
liquidated, but if either spouse contracted the subsequent marriage in bad faith, his or her share
of the net profits of the community property or the conjugal partnership property shall be forfeited
in favor of the common children, or there are none, the children of the guilty spouse by 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 acted in bad faith, such donations made to said donee are revoked by operation of law
4. The innocent spouse may revoke the designation of other spouse who acted in bad faith as a
beneficiary in any insurance policy, even if such designation be stipulated as irrevocable
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

8. GROUNDS FOR ANNULMENT

1. That the party on whose behalf it is sought the marriage annulled was eighteen years of age but
below twenty-one, and the marriage was solemnized without the consent of the parents, guardian
or person having substitute parental authority over the party, in that order, UNLESS after attaining
the age of twenty-one, such party freely cohabited with other and both lived together as husband
and wife
2. That either party was of unsound mind, unless such party, after coming to reason, freely
cohabited with the other as husband and wife
3. That the consent of either party was obtained by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with other as husband and wife
4. That the consent of either party was obtained by force, intimidation or undue influence, unless the
same having disappeared or ceased, such party thereafter freely cohabited with other as
husband and wife
5. That either party was physically incapable of consummating the marriage with the other, and such
incapacity continues and appears to be incurable
6. That either party was afflicted with a sexually-transmissible disease found to be serious and
appears to be incurable

9. WHAT CONSTITUTE FRAUD AS A GROUND FOR ANNULMENT?

1. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving
moral turpitude
2. Concealment by the wife of the fact that at the time of marriage, she was pregnant by a man
other than her husband
3. Concealment of a sexually-transmissible disease, regardless of its nature, existing at the time of
marriage
4. Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism, existing at the
time of the marriage
10. Legitimate Children
- Children conceived ON or BEFORE the judgment of annulment or absolute nullity of the
marriage under Article 36 has become final and executor shall be considered as legitimate
- Children conceived or born of the subsequent marriage under Article 53 shall likewise be
legitimate
- 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
- Children conceived or born during the marriage of the parents are legitimate. Children
conceived as a result of artificial insemination of the wife with the sperm of the husband or
that of a donor or both are likewise legitimate children of the husband and wife, provided, that
BOTH of them authorized or ratified such insemination in a written instrument executed and
signed by them before the birth of the child.

11. GROUND FOR LEGAL SEPARATION

1. Repeated physical violence and grossly abusive conduct directed to the petitioner, the
common child, or a child of the petitioner.
2. Physical violence or moral pressure to compel the petitioner to change religious or
political affiliations
3. Attempt of respondent to corrupt or induce the petitioner, a common child or a child of the
petitioner to engage in prostitution, or connivance in such corruption or inducement
4. Final judgment sentencing the respondent to imprisonment of more than six years, even
if pardoned.
5. Drug addiction or habitual alcoholism of the respondent
6. Lesbianism or homosexuality of the respondent
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad
8. Sexual infidelity or perversion
9. Attempt by the respondent against the life of the petitioner
10. Abandonment of petitioner by respondent without justifiable cause for more than one year

12. Defenses in Legal Separation

1. Where the aggrieved party has condoned the offense or act complained of
2. Where the aggrieved party has consented to the commission of the offense or act
complained of
3. Where there is connivance between the parties in the commission of the offense or act
constituting the ground for legal separation
4. Where both parties have given ground for legal separation
5. Where there is collusion between the parties to obtain the decree of legal separation
6. Where the action is barred by prescription

13. May the court issue a decree of legal separation based upon facts stipulated by the spouses?
No, if the decree is based solely on the stipulation of facts or a confession of judgment
Yes, if there be other evidence of the existence of a ground for legal separation.

14. Effects of the decree of legal separation

1. The spouses shall be entitled to live separately from each other, but the marriage bond
shall not be severed
2. The absolute community or the conjugal partnership shall be dissolved and liquidated but
the offending spouse shall have no right to any share of the net profits earned by the
absolute community or the conjugal partnership, which shall be forfeited in accordance
with the provisions of Article 43 (2) of the Family Code
3. The custody of the minor children shall be awarded to the innocent spouse, subject to the
provisions of Article 213 of the Family Code
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession. Moreover, provisions in favor of the offending spouse made in the
will of the innocent spouse shall be revoked by operation of law.

15. The Marriage Privilege Rule

A husband cannot be examined for or against his wife without her consent; nor a wife for or
against her husband without his consent, except in a civil case by one against the other, or in a criminal
case for a crime committed by one against the other.

16. The Marital Communication Rule

The husband or the wife during the marriage or afterwards, cannot be examined without the
consent of the other as to any communication received in confidence by one from the other during the
marriage.
17. Instances where wife is justifiable to leave husband and thereby select he own domicile or
residence.
1. If the husband lives as a vagabond having no fixed income
2. If the husband maltreats her
3. If the husband insists on his immoderate or barbaric demands from the wife for sexual
intercourse
4. If the wife is asked by the husband to leave conjugal place and threatening to use
violence upon her if she should return home\
5. If the husband commits concubinage and continuously indulges in such illicit relationship.

18. Property relations shall be governed by the following

1. By marriage settlements executed BEFORE the marriage
2. By the provisions of the Family Code
3. By the local customs

20. Definition of Marriage Settlements

Contract entered into by the future spouses fixing the matrimonial property regime that should
govern during the existence of the marriage

21. Matrimonial Property Regime that may be agreed upon in the Marriage Settlements
1. Absolute community regime
2. Conjugal partnership of gains
3. Complete Separation of property
4. Any other regime

22. Requisites for a Marriage Settlement

1. Must be made BEFORE the celebration of the marriage
2. Must not contrary to law, good morals, good customs, public order and public policy
3. Must generally confine itself only to property relations
4. Must be in writing

23. Requisites for a valid donation Propter Nuptias

1. Must be made before the celebration of the marriage
2. Must be made in consideration of the marriage
3. Must be in favor of one or both of the future spouses.

24. What happens to donation when future spouse agreed into a regime other that absolute
community of property?
The spouses cannot donate to each other in their marriage settlements more than 1/5 of their
present property. Any excess shall be considered void.

25. Donations by reason of marriage may be revoked in the following cases

1. If the marriage is not celebrated or judicially declared void ab initio except donations
made in the marriage settlements, which shall be governed by Article 81
2. When the marriage takes place without the consent of the parents or guardian, as
required by law
3. When the marriage is annulled, and the donee acted in bad faith
4. Upon legal separation, the donee being the guilty spouse
5. If it is with resolutory condition and the condition is complied with
6. When the donee has committed an act of ingratitude as specified by the provisions of the
Civil Code on donations in general.

26. Property excluded from the absolute community

1. Property acquired during the marriage by gratuitous title by either spouse, and the fruits
as well as the income thereof, if any, unless it is expressly provided by the donor,
testator, or grantor that they shall form part of the community property
2. Property of personal or exclusive use of either of the spouses, however, jewelry shall
form part of the absolute community
3. Property acquired before the marriage by either spouse who has legitimate descendants
by a former marriage, and the fruits as well as the income, if any, of such property.
27. The absolute community of property shall be liable for:
1. The support of the spouses, their common children, and legitimate children of
either spouse; however, the support of illegitimate children shall be governed by
the provisions of this Code on Support;
2. All debts and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the community, or by both spouses, or by
one spouse with the consent of the other;
3. Debts and obligations contracted by either spouse without the consent of the other
to the extent that the family may have been benefited;
4. All taxes, liens, charges and expenses, including major or minor repairs, upon the
community property;
5. All taxes and expenses for mere preservation made during marriage upon the
separate property of either spouse used by the family;
6. Expenses to enable either spouse to commence or complete a professional or
vocational course, or other activity for self-improvement;
7. Antenuptial debts of either spouse insofar as they have redounded to the benefit of
the family;
8. The value of what is donated or promised by both spouses in favor of their
common legitimate children for the exclusive purpose of commencing or
completing a professional or vocational course or other activity for self-
improvement;
9. Antenuptial debts of either spouse other than those falling under paragraph (7) of
this Article, the support of illegitimate children of either spouse, and liabilities
incurred by either spouse by reason of a crime or a quasi-delict, in case of
absence or insuffi ciency of the exclusive property of the debtor-spouse, the
payment of which shall be considered as advances to be deducted from the share
of the debtor-spouse upon liquidation of the community; and
10. Expenses of litigation between the spouses unless the suit is found to be
groundless.