Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

PERSONS AND FAMILY RELATIONS > ARTICLE 1 - 20 FAMILY CODE > Flashcards

ARTICLE 1 - 20 FAMILY CODE Flashcards

1
Q

Give the definition of marriage under Article 1 of the Family Code.

A

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 THE FAMILY and an INVIOLABLE SOCIAL INSTITUTION whose nature, consequences, and incidents are GOVERNED BY LAW and NOT SUBJECT TO STIPULATION, EXCEPT THAT MARRIAGE SETTLEMENTS may fix the property relations during the marriage within the limits provided by this Code.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

T or F

A marriage is a special contract.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

T or F

There shall absolutely be no stipulations in marriages.

A

False, there shall be no stipulations EXCEPT for marriage settlements.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

T or F

The law on compromise applies to marriage.

A

False. The law on compromise DOES NOT apply to marriage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the property/marriage settlements available to the spouses?

A
  1. ACOP
  2. CPOG
  3. ASOP
  4. Mixed property regime
  5. Any other form not contrary to law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the unique features of a marriage contract distinguished from other contracts?

A

Marriage is:

  1. A special contract
  2. It is an Inviolable social institution
  3. It is not subject to stipulation except for marriage settlements
  4. Legal capacity is required
  5. Only 2 contracting parties
  6. Terminated only be death or declaration of nullity or annulment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When did the Family Code take effect?

A

August 3, 1988.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Marriages solemnized before the efficacy of the Civil Code shall be governed by?

A

The Family Code. (Article 256 of the Family Code gives it retroactive rights, without prejudice to vested or acquired rights in accordance with the Civil Code and other laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Validity of marriages solemnized before the efficacy of the Civil Code shall be governed by?

A

The New Civil Code.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the essential requisites of a marriage?

A

Article 2 of the FC provides:
No marriage shall be valid, unless these essential requisites are present:
1. Legal capacity of the contracting parties who must be a male and a female.
2. Consent freely given in the presence of the solemnizing officer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the formal requisites of a marriage?

A

Article 3 of the FC provides:
The formal requisites of marriage are:
1. Authority of the solemnizing officer
2. A valid marriage license except in the cases provided for in Chapter 2 of this Title
3. A 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is legal capacity?

A

Legal capacity means that one is at least 18 years of age and not barred by any impediments (to marry)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Explain why marriages between homosexuals and between lesbians will not prosper under our laws.

A

Article 2 of the FC provides:
No marriage shall be valid, unless these essential requisites are present:
1. Legal capacity of the contracting parties who must be a MALE and a FEMALE.

By this provision, marriages between homosexuals (male to male) and between lesbians (female to female) will be VOID.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Explain how marriages between bisexuals may and may not prosper under our laws.

A

A bisexual is one who is sexually attracted not exclusively to people of one particular gender; attracted to both men and women.

Article 2 of the FC provides:
No marriage shall be valid, unless these essential requisites are present:
1. Legal capacity of the contracting parties who must be a MALE and a FEMALE.

Provided that one party is BIOLOGICALLY MALE and the other party BIOLOGICALLY FEMALE, there will be a valid marriage; otherwise the marriage will be void.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How is sex of a person determined?

A

Sex of a person is DETERMINED AT BIRTH. The BIRTH CERTIFICATE indicates a person’s sex at birth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

T or F

A person who transmutes/changes his gender through elective surgery may change his/her sex in the birth certificate.

A

False. Sex of a person is DETERMINED AT BIRTH, despite subsequent modifications owing to advances in medicine.

The person’s sex is determined in his birth certificate In this connection, Article 412 of the Civil Code provides:

ART. 412. No entry in the civil register shall be changed or corrected without a judicial order.

Section 2(c) of RA 9048 provides:
That no correction must involve the change of nationality, age, status or SEX.

Finally, no laws allow the changing of one’s gender in the civil registry by reason of sex reassignment.
(Silverio vs Republic)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Explain the treatment of Intersex persons.

A

Intersex is a general term used for a variety of situations in which a person is born with reproductive or sexual anatomy that doesn’t fit the boxes of “female” or “male.”

Medically known as hermaphrodites, they are those who
cannot be easily classified as male or female for he/she
both the biological characteristics of male and female.

Philippine statutes COMPELS that an intersex person be CLASSIFIED AS EITHER MALE OR FEMALE.

The intersex person should determine his/her gender classification upon reaching the age of majority.

In the case of Republic vs. Cagandahan, 565 SCRA 72,
where the person is intersex, the determining factor in his gender classification would be what the individual, having reached the age of majority, with good reason thinks of his/her sex. It is at maturity that the gender of such persons, like respondent, is fixed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does consent mean?

A

Consent means conformity. It must be free and not the result of force, intimidation, violence, or threat.

In marriage, consent must be given in the presence of a solemnizing officer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the effect of a marriage wherein consent is vitiated?

A

Voidable. (Article 4 (2) and Art 45(4)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is authority of solemnizing officer as a formal requisite of marriage?

A

It means that the officiating officer MUST BE CLOTHED WITH THE POWER TO MARRY.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is a marriage license?

A

It is the WRITTEN PERMISSION ISSUED BY THE CIVIL REGISTRAR to the contracting parties AUTHORIZING THEIR MARRIAGE before any solemnizing officer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

For how long is a marriage license valid?

A

120 ONLY FROM THE DATE OF ISSUANCE THEREOF.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the effect on the marriage if it the marriage ceremony takes place beyond the effectivity of the marriage license?

A

The marriage becomes void. The marriage ceremony must take place within the 120 day validity of the marriage license (Art 35 par 3) (Art 20)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

A and B married without a marriage license, but they immediately got a license the next day from the civil registrar. Is their marriage valid?

A

It is void. The availability and presence of a marriage license, which must be valid, must PRECEDE THE CELEBRATION OF THE MARRIAGE.

Otherwise stated, a license issued one day after the celebration of the marriage will not validate the marriage. The subsequent issuance of a marriage license will not cure the basic defect in the marriage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is a marriage ceremony?

A

It refers to the SOLEMNIZATION OF THE MARRIAGE. There is NO PRESCRIBED FORM.

What is necessary are:

  1. Presence of contracting parties
  2. Solemnizing officer with proper authority
  3. Declaration in the presence of no less than 2 witnesses of legal age
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

T or F

A marriage certificate is absolutely required for a marriage to take place.

A

False. It is marriage license.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

T or F
The marriage license is just an evidence of the marriage, and for that purpose is said to be the best evidence of marriage.

A

False. T or F
The marriage CERTIFICATE is just an evidence of the marriage, and for that purpose is said to be the best evidence of marriage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

A and B married with all formal and essential requisites fulfilled, but A did not sign the marriage certificate. What is the effect on the marriage?

A

The marriage is still valid. Failure to sign the marriage certificate does not invalidate the marriage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

T or F

The fact that a marriage contract or certificate is absent is sufficient proof that no marriage took place.

A

False.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

T or F

Law requires that a marriage contract be submitted to the civil registrar as a condition for the validity of marriage.

A

False.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is the effect of the ABSENCE of one of the essential or formal requisites of a marriage?

A

Marriage is VOID, except for:
1. Those marriages where the solemnizing officer actually had no authority, but the parties believed in good faith that he had such authority (Article 35 (2)).

Those not requiring marriage licenses:
1. No license necessary for marriage between parties who have lived together for AT LEAST 5 YEARS TOGETHER without any legal impediment under Article 34.

  1. In cases of marriages in articulo mortis, where there is no need for marriage license
  2. Marriages in remote places
  3. Religious ratification of a legal marriage (Under the New Civil Code)
  4. Marriages among Muslims or among members of ethnic cultural communities solemnized according to their customs/rites/practices
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What is the effect of the DEFECTIVENESS of one of the essential or formal requisites of a marriage?

A

When it is the ESSENTIAL REQUISITES THAT ARE DEFECTIVE, the marriage becomes VOIDABLE, meaning VALID UNTIL ANNULLED.

When it is the FORMAL REQUISITES THAT ARE DEFECTIVE, the marriage becomes valid, but the parties responsible therefore incurs civil, criminal and administrative liability.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

A and B married, with C being the solemnizing officer, being a judge. C solemnized the marriage without requiring a marriage license. Explain the effects of the marriage.

A

The marriage is valid, but C will be liable. (Cosca vs Judge Palaypayon)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is the effect when the civil registrar does not post the notice of application of marriage license for the required period of ten days?

A

The marriage will still be valid but the civil registrar in charge will be administratively liable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is the effect when the witnesses to a marriage are not of legal age?

A

The marriage will still be valid, but those responsible for such irregularity will be held responsible.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What law changed the age of majority from 21 to 18 and what date did it take effect?

A

RA 6809, which took effect on December 13, 1989.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What is the legal age for marriage?

A

18 years old and above.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

T or F
No prescribed form of religious rite for solemnization of marriage is required. It is sufficient that they use words evidencing their MUTUAL CONSENT to the marriage, that is, that they take each other as husband and wife.

A

True. (Art 6)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

T or F

The solemnization in a marriage must be witnessed by not less than two witnesses who are of legal age.

A

True. (Art 6)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

T or F
The declaration in a marriage solemnization shall be contained in a marriage certificate which shall be signed by the spouses and the witnesses, attested to by the solemnizing officer.

A

True. (Art 6)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

T or F

Under the present law, marriage certificate shall be filled out in triplicate.

A

False, quadruplicate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

T or F
In case of a marriage in articulo mortis, when the party at the point of 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, which fact shall be attested by the solemnizing officer.

A

True. (Art 6)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What is a common law marriage?

A

It is one contracted into by the contracting parties by entering into an agreement or arrangement, whereby they voluntarily take each other as husband and wife and the declaration is CONSUMMATED BY THEIR COHABITATION with the ASSUMPTION OF MARITAL DUTIES AND OBLIGATION.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What is proxy marriage?

A

It is one where a partner who is absent in the wedding ceremonies is represented by an authorized representative. Under the Family Code, this type of marriage is VOID.

45
Q

When is proxy marriage valid?

A

It is only valid under our laws when a Filipino marries a foreigner abroad, and laws of the foreigner allow proxy marriage.

46
Q

Who may solemnize marriages?

A

Art 7 provides:
Marriage may be solemnized by:
1. Any incumbent MEMBER OF THE JUDICIARY within the court’s jurisdiction

  1. Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil register general, acting within the limits of the written authority 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 religious sect
  2. Any ship captain or airplane chief only in cases mentioned under Article 31
  3. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32
  4. Any consul-general, consul or vice consul in the case provided in Article 10
47
Q

Explain the limits of members of the judiciary to solemnize marriages.

A
  1. MTC and RTC judges can only solemnize marriages within their territorial jurisdiction, and must be in their chambers or in open court during office days.
  2. Justices of the SC, CA and Sandiganbayan have national jurisdiction, and may solemnize marriage in any venue, though it is preferrable that it be in their chambers or in open court.
48
Q

Explain the limits of religious solemnizers to solemnize marriages.

A
  1. They must be AUTHORIZED BY THEIR RESPECTIVE CHURCH/SECT
  2. DULY REGISTERED WITH CIVIL REGISTRAR GENERAL
  3. MUST ACT WITHIN THE LIMITS OF THEIR WRITTEN AUTHORITY FROM CHURCH/SECT
  4. AT LEAST ONE OF THE CONTRACTING PARTIES MUST BELONG TO THE SOLEMNIZING OFFICER’S CHURCH OR SECT.
49
Q

Explain the limits of ship captains and airplane pilots to solemnize marriages.

A

Ship captains and airplane pilots can only perform marriages IN ARTICULO MORTIS between passengers or crew members WHILE THE SHIP IS AT SEA OR THE PLANE IS IN FLIGHT OR DURING STOPOVERS AT PORTS OF CALL.

The marriage must be SOLEMNIZED INSIDE THE SHIP OR PLANE.

50
Q

Explain the limits of military commanders to solemnize marriages.

A

Military commanders of a unit can solemnize marriages only IN ARTICULO MORTIS between persons WITHIN THE ZONE OF MILITARY OPERATION.

The unit MUST BE A BATTALION WITH AN ASSIGNED CHAPLAIN, and SAID CHAPLAIN IS ABSENT.

THE COMMANDER MUST BE A COMMISSIONED OFFICER HOLDING RANK BY VIRTUE OF A COMMISSION FROM THE PRESIDENT.

51
Q

Explain the limits of general consuls to solemnize marriages.

A

Consul-generals, generals and vice-consuls may solemnize marriage ONLY BETWEEN TWO FILIPINOS ABROAD WHO NEED NOT BE PERMANENT RESIDENTS THEREIN.

The consular officer would also be in charge of the issuance of the license and performance of the duties of the civil registrar.

The solemnization must be in their respective offices; otherwise they will be liable to criminal and administrative sanctions. Should this happen, marriage is still valid.

52
Q

Explain the limits of mayors to solemnize marriages.

A

Mayors are now allowed to solemnize marriages under the NEW LOCAL GOVERNMENT CODE.

53
Q

T or F

In certain cases, marriage may be solemnized in remote places in accordance with Article 29 of the Family Code.

A

True.

54
Q

T or F
Where the contracting parties to a marriage request the solemnizing officer to solemnize the marriage in a house or place designated by them, the same must be written in a sworn statement to that effect, and WITH VALID REASON.

A

True.

55
Q

T or F
If the man and woman have been living together as husband and wife for at least five years without any legal impediment, they may have their marriage celebrated elsewhere other than the venues fixed by law, provided they request so in writing.

A

True.

56
Q

T or F

A member of the judiciary may solemnize marriage outside his chambers or courtroom.

A

True.

57
Q

What are the instances wherein a judge may solemnize marriage outside his chambers or courtroom?

A
  1. Marriage at the point of death
  2. Marriage in remote places
  3. Upon request of BOTH parties IN WRITING in a sworn statement to that effect.

IF MTC OR RTC judge, only within his territorial jurisdiction.
If a judge of the SC, CA or Sandiganbayan, anywhere in the Philippines

58
Q

What are the instances wherein a priest/rabbi/imam/spiritual leader may solemnize marriage outside his assigned church?

A
  1. Marriage at the point of death
  2. Marriage in remote places
  3. Upon request of BOTH parties IN WRITING in a sworn statement to that effect.

The priest/rabbi/imam/spiritual leader must solemnize the marriage within his area allowed by the diocese or bishop.

59
Q

T or F

A marriage solemnized by a Judge on a Sunday is void.

A

False, it is valid and there is only an irregularity, but the judge will be administratively liable.

60
Q

What must be established to recognize a foreign marriage?

A

There must be proof that the foreign marriage:
1. Complies with the provisions of the foreign law on marriage
2, Celebration was done in accordance with said foreign law

61
Q

Where are marriage licenses issued?

A

Local Civil Registrar of the city or municipality where either contracting party habitually resides

62
Q

T or F
If the marriage license is obtained in a place different from the habitual residence of either spouse, the subsequent marriage becomes void.

A

False, the marriage is still valid. It does not invalidate the marriage.

63
Q

What are the instances/special kinds of marriages wherein no marriage license is required?

A
  1. Articulo mortis marriages
  2. Marriages in remote places
  3. Marriages between those who have previously cohabited for at least 5 years.
  4. Religious ratification of a legal marriage (Under the NCC)
  5. Marriages among Muslims or among members of ethnic cultural communities solemnized according to their customs/rites/practices
64
Q

T or F

Consuls, consul generals and vice consuls may solemnize marriage ONLY BETWEEN TWO FILIPINOS ABROAD.

A

True.

65
Q

T or F
Falsification of necessary data in the application for a marriage license will make the party liable for perjury and invalidate the marriage.

A

True.

66
Q

T or F

The consul performs the duties of a local civil registrar for marriages solemnized abroad.

A

True.

67
Q

Upon application of marriage license in the civil registrar, what documents must be presented?

A 
1. Original Birth Certificate
OR
2. Baptismal Certificate 
OR
3. Residence Certificate

1 and 2 shall not be required if the parents of the contracting parties appear personally before the civil registrar and swear to the correctness of the data regarding the contracting parties.

68
Q

If one of the contracting parties had been previously married, what documents must he/she present?

A
  1. Judicial decree of the absolute divorce (foreign)
    OR
  2. Judicial decree of annulment
    OR
  3. Judicial decree of nullity of marriage
    OR.
  4. Death certificate of the deceased spouse
    OR
  5. Affidavit detailing the death of the deceased spouse, if #4 above is not available.
69
Q

T or F
If either of the contracting parties are between 18 to 21 years old, consent of the parent/guardian/person having parental authority is required, which must be in writing in the form of an affidavit.

A

True.

70
Q

T or F
If either of the contracting parties are between 21 to 25 years old, consent of the parent/guardian/person having parental authority is needed.

A

Advice, not consent.

71
Q

What happens if the parents of the contracting parties do not give their advice/gives and unfavorable advice upon the intended marriage between contracting parties where either or both are between 21 to 25 years old?

A

The marriage license will not be issued TILL AFTER 3 MONTHS FOLLOWING THE COMPLETION OF THE PUBLICATION FOR APPLICATION, provided that a sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given shall be attached to the application for marriage license.

Also, if the parents refuse to give advice, such fact shall be stated in the sworn statement.

72
Q

What happens if contracting parties where either or both are between 21 to 25 years old do not seek their parents’ advice?

A

The marriage license must not be issued by the local civil registrar

OR

The civil registrar should initiate a case in the appropriate court to prevent issuance of the license in line with the remedy under Article 18 when an impediment to the marriage is known to him.

73
Q

T or F
In marriages where the parents’ advice or consent is required, a certificate issued by the priest/imam/minister/marriage counselor duly accredited, stating that the parties have undergone marriage counselling, must be attached in the application for marriage license.

A

True.

74
Q

What is the effect if the certificate stating that the contracting parties have undergone marriage counselling in marriages where parents’ consent or advice is needed, is not attached in the application for marriage license?

A

The marriage license will not be issued TILL AFTER 3 MONTHS FOLLOWING THE COMPLETION OF THE PUBLICATION FOR APPLICATION.

75
Q

The notice for application of marriage license shall be posted where and for how long?

A

For 10 days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public.

76
Q

T or F
The 10 day period is mandatory and any license ante-dated or issued without following said period is VOID AND INEFFECTIVE.

A

True.

77
Q

T or F
In case of any impediment known to the civil registrar or brought to his attention, he shall note down the particulars thereon in the application for marriage license, but shall nonetheless issue said license after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance or that of any interested party.

A

True.

78
Q

T or F
Only the fees prescribed by law shall be collected by the civil registrar in relation to the issuance of marriage licenses. It shall be free of charge for indigent parties.

A

True.

79
Q

T or F

The marriage license issued shall be valid for 120 days only, and within the territory where it was issued.

A

False, it is valid ANYWHERE IN THE PHILIPPINES.

80
Q

T or F

The civil registrar may extend the validity of a marriage license.

A

False. Parties must reapply for a new one.

81
Q

T or F

The marriage license can only be used once.

A

True.

82
Q

When is there “freely given consent”?

A

A “freely given consent” consent requires that the
contracting parties willingly and deliberately enter
the marriage:
A. Consent must be REAL
In the sense that it is not vitiated nor rendered
defected by the vices of consent such as fraud,
force, intimidation or undue influence (Articles 45
and 46 Family Code).

B. Consent must be CONSCIOUS AND INTELLIGENT
Parties must be capable of intelligently
understanding the nature of, both the beneficial
or unfavorable consequences of their act. It
should not be affected by insanity, intoxication,
drugs or hypnotism.

83
Q

What is a marriage in jest?

A

It is a pretended marriage, legal in form but is entered
as a joke, with NO REAL INTENTION of entering the actual marriage status, and with a clear understanding that the parties would NOT BE BOUND. It is not intended to be real and no intention to create any legal ties, hence there is absence of any genuine consent.

84
Q

What are the two aspects of marriage?

A

Two Aspects of Marriage

  1. As a contract - it is a special contract
  2. As a status
85
Q

T or F
A party who contracts a second or subsequent marriage before the former marriage has been legally dissolved, or, before the absent spouse has been declared presumptively dead is guilty of bigamy, punishable by prision mayor.

A

True

86
Q

What happens to the marriage if there are no witnesses to the marriage?

A

It is only the appearance of the contracting parties before the solemnizing officer is required. There being no witnesses will not make the marriage void.

87
Q

What happens to the marriage if there are is no oral declaration that the parties take each other as husband and wife?

A

It is only the appearance of the contracting parties before the solemnizing officer is required. There being no oral declaration that the parties take each other as husband and wife will not make the marriage void.

88
Q

What happens to the marriage if there is no marriage certificate or contract?

A

It is only the appearance of the contracting parties before the solemnizing officer is required. There being no marriage certificate or contract will not make the marriage void.

89
Q

In case of foreign divorce, how do you prove the validity of the divorce decree?

A

Proof of Validity of Foreign Marriage
Sections 24 and 25 of Rule 132: a writing or document may be proven as a public or official record of a foreign country by either:
(1) An official publication or

(2) A copy thereof attested by the officer having legal custody of the document.

If the record is not kept in the Philippines, copy must be:

(a) accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine Foreign Service stationed in the foreign country in which the record is kept and;
(b) Authenticated by the seal of his office.

90
Q

What happened in the case of Republic vs CA and Castro?

A

The marriage between Angelina Castro and Edwin Cardenas was declared VOID AB INITIO for ABSENCE OF MARRIAGE LICENSE AT THE TIME OF CELEBRATION OF THE MARRIAGE.

There was documentary evidence issued by the Civil Registrar stating that “SAID LICENSE DOES NOT APPEAR FROM OUR RECORDS” after having done DILIGENT SEARCH. (Rule 132 Section 28)

Such evidence enjoys PROBATIVE VALUE and SUFFICIENTLY PROVES THERE WAS NO ISSUANCE OF MARRIAGE LICENSE.

91
Q

What is Rule 132 Section 28 of the Rules of Court?

A

Proof of lack of record - A written statement signed by an officer having custody of an official record or by his deputy, that after diligent search, no record or entry of specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry.

92
Q

What happened in the case of Filipina Sy vs CA?

A

Marriage between Filipina and Fernando Sy was declared VOID AB INITIO FOR ABSENCE OF MARRIAGE LICENSE AT THE TIME OF CELEBRATION.

It was found out that they were married on November 15, 1973, but their marriage license shows it was issued on September 17, 1974. This shows that there was no marriage license at the time of the celebration of their marriage.

93
Q

What happened in the case of Sevilla vs Cardenas?

A

The marriage between Jaime Sevilla and Carmelita Cardenas was declared VALID DUE TO FAILURE TO ESTABLISH SUFFICIENT EVIDENCE THAT MARRIAGE LICENSE IS NOT ISSUED OR ABSENT. The doctrine of SEMPER PRAESUMITUR PRO MATRIMONIO governed.

The Civil Registrar merely stated that the marriage license record could not be found due to the retirement of the officer in charge and that due to loaded work they could not give their full force in locating such document. SC stated that this is not tantamount to DUE DILIGENCE and is a disputable presumption, and therefore marriage is presumed. (Rule 131 Section 3(m) of ROC)

94
Q

What is Rule 131 Section 3(m) of ROC?

A

Disputable presumptions - The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by another evidence:
(m) That official duty has been regularly performed.

95
Q

What happened in the case of Cosca vs Palaypayon?

A

Judge Palaypayon was held liable for illegal solemnization of marriage for its irregularities.

Judge Palaypayon solemnized a marriage between Abellano spouses without a marriage license under Article 34, but such exemption from ML is doubtful since the Abellano spouses were only 18 at the time of marriage, meaning that they were at least 13 when they started cohabiting with each other.

96
Q

What happened in the case of Aranes vs Occiano?

A

Judge Occiano was held liable for solemnizing a marriage WITHOUT A MARRIAGE LICENSE AND OUTSIDE HIS JURISDICTION.

97
Q

Explain BP 129.

A

BP 129 - Judiciary Reorganization Act of 1980
Authority of RTC and lower judges to solemnize marriages is confined to their territorial jurisdiction. Where a judge solemnizes marriage outside jurisdiction, there is a resultant irregularity in the formal requisite, while it may not affect the validity of the marriage, may subject the officiating official to administrative liability.

98
Q

T or F

It is the marriage license that gives the solemnizing officer the authority to solemnize marriage.

A

True.

99
Q

What happened in the case of Morigo vs People?

A

Lucio Morigo was acquitted from the charge of bigamy against him, because the first marriage was not legal and valid for lack of marriage ceremony. The first marriage was a mere signing of contract in private.

The first element of bigamy which is a previous legal marriage, was absent. Therefore, Morigo was acquitted.

100
Q

T or F
Private act of signing a marriage contract bears no semblance to valid marriage and thus needs no judicial declaration of nullity.

A

True.

101
Q

What are the elements of bigamy?

A

Elements of bigamy

  1. The offender has been legally married
  2. The first marriage has not been legally dissolved, or in case his or her spouse is absent, has not been judicially declared presumptively dead.
  3. The offender contracts a second marriage.
  4. The subsequent marriage would have been valid had it not been for the existence of the first.
102
Q

What happened in the case of Alcantara vs Alcantara?

A

The marriage between Restituto and Rosita Alcantara was declared valid.

Their marriage was still valid even though it was carried out with the help of a fixer because there was a marriage license number and a certification from the civil registrar issued for the spouses.

The fact that the marriage license was issued not in their habitual residence and discrepancy in the marriage license number ARE MERE IRREGULARITIES. SEMPER PRAESUMITUR PRO MATRIMONIO GOVERNS.

103
Q

What happened in the case of Nollora Jr vs People?

A

Atilano Nollora Jr was convicted of bigamy.

His conversion to Islam does not give him and unbridled right to marry anybody. Arbitration is necessary.

104
Q

What happened in the case of Republic vs Albios?

A

The marriage between Liberty Albios and American Fringer was declared valid, even though it was only a limited purpose marriage since all elements of a valid marriage were present. The SC stated that unscrupulous individuals cannot be allowed to use the court for their fraudulent schemes. Albios misused a judicial institution to enter into a marriage of convenience and should not be allowed to again abuse it. Marriage must be safeguarded from these cases.

105
Q

What is a limited purpose marriage?

A

A marriage where the couple marries only to ACHIEVE A PURPOSE OR ACQUIRE SPECIFIC BENEFITS, such as immigration purposes and legitimization of a child.

106
Q

What happened in the case of Abbas vs Abbas?

A

The marriage between Gloria and Syed Abbas was DECLARED VOID AB INITIO for LACK OF A VALID MARRIAGE LICENSE.

The license number for their supposed marriage license number does not match what is in the records of the Civil Registrar, and the latter issued certifications to that effect that diligent efforts have been exerted in searching for such license.

107
Q

What happened in the case of Go-Bangayan vs Bangayan?

A

The marriage between Benjamin and Sally Go Bangayan was DECLARED VOID AB INITIO DUE TO ABSENCE OF MARRIAGE LICENSE.

The Civil registrar issued certification that there was indeed an absence of a marriage license. Sally also failed to present evidence of claim to marriage. The marriage between Sally and Benjamin was merely A SIMULATED MARRIAGE.

108
Q

What happened in the case of Kho vs Republic and Kho?

A

The MIDNIGHT MARRIAGE between Raquel and Veronica Kho was declared VOID AB INITIO FOR ABSENCE OF A MARRIAGE LICENSE.

The marriage took place at midnight, and no marriage license could have been validly issued, rendering the marriage void for want of an essential requisite.

The Local Civil Registrar also said that there was neither a record nor copy of a marriage license issued to the spouses.

109
Q

What happened in the case of Medina Koike vs Koike?

A

The case was referred back to CA to ascertain the facts of the case.

The petition for judicial recognition of foreign divorce lacked the provision of national laws applicable on the law on divorce. The Civil Code of Japan was not duly authenticated by the consul. Rule 132 Sec 24 and 25 should have been followed.

PERSONS AND FAMILY RELATIONS (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions