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Family Law

1. Define marriage (Article 1).
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.
2. Purpose of marriage (Article 1)
For the establishment of conjugal and family life
3. Essential requisites of marriage (Article 2)
a. Legal capacity of the contracting parties who must be a male and a female and not
less than 18 years old
b. Consent freely given in the presence of the solemnizing officer
4. Formal requisites of marriage (Article 3)
a. Authority of the solemnizing officer to solemnize marriage
b. Valid marriage license
c. Marriage Ceremony
5. Effect of absence of any essential or formal requisites (Article 4)
The absence of any of the essential or formal requisites shall render the marriage
void ab initio.
6. How many witnesses shall be present in the solemnization of the marriage? (Article 6)
At least two (2) witnesses of legal age
7. In case of marriage in articulo mortis and the other party can no longer sign the marriage
certificate, who shall sign said certificate in the behalf of the disabled party? (Article 6)
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.
8. Who can solemnize marriage? (Article 7)
a. Incumbent Member of the Judiciary within the court’s jurisdiction
b. Priest, Rabbi, Imam, or Minister of any church or religious sect duly authorized
by his church or religious sect and registered with the civil registrar general,
acting within the limits of the written authority granted 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
c. Ship Captain or Airplane Chief
d. Military Commander of a unit to which a chaplain is assigned, in the absence of
the latter, during a military operation
e. Consul-general, Consul, or Vice-consul

Full name. chapel. The applicants. Places where marriage can be solemnized (Article 8) a. 14. shall require the presentation of the original birth certificate or in default thereof. d. residence and citizenship of the father. Chambers of the judge or in open court b. or Vice-consul of the Republic of the Philippines 12. h. e. in case the contracting party has neither father nor mother and is under the age of twenty-one years. Full name of the contracting party. or temple c. baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. Full name. Contents of a marriage license (Article 11) a. Who solemnizes marriage between Filipinos abroad? (Article 10) Consul-general. upon receiving the application for a marriage license. Duties of a consular official (Article 10) a. Issuance of the marriage license and other duties of the local civil registrar b. Age and date of birth. Full name. b. Solemnize marriage between Filipino citizens abroad 13. Present residence and citizenship. Degree of relationship of the contracting parties. (Article 11) 15. residence and citizenship of the mother. Place of birth. c. consul. 10. The local civil registrar. f. and j.f. how. 11. True or False. g. their parents or guardians shall be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license. residence and citizenship of the guardian or person having charge. when and where the previous marriage was dissolved or annulled. Consul. Who issues a marriage license? (Article 9) Marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides. (Article 12) . Mayor 9. Office of the consul-general. Civil status. Church. or vice-consul d. If previously married. Where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. i.

The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. The certificates stated above needs to be sworn to and shall be exempt from the documentary tax stamp. setting forth the full name. Judicial Decree of the absolute divorce or Judicial Decree of annulment or Declaration of Nullity of the previous marriage 21. the marriage license shall not be issued until when? (Article 15) The marriage license shall not be issued till after three months following the completion of the publication of the application therefor. In addition to the formal and essential requisites of marriage. and the place and date of birth of such party. the (Article 13): a. Such instrument shall contain the sworn declaration of two witnesses of lawful age. Residence Certificate b. If the parties failed to obtain such advice. (Article 12) 17. 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. (Article 12) 18. Other documents to be presented before the local civil registrar if the documents already enumerated were destroyed or loss. be convinced that either or both of them have the required age. In case either of the contracting parties has been previously married. When the local civil registrar shall. the applicant shall be required to furnish instead of a birth or baptismal certificate. (Article 12) a. by merely looking at the applicants upon their personally appearing before him. or if it be unfavorable.16. if known. 21-25 years old? (Article 15) Parental Advice 24. What shall the applicant furnish in case the death certificate cannot be secured? (Article 13) Affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse 22. as stated in the application b. Instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths. what other requirement shall be exhibited to the local civil registrar in applying for a marriage license if either or both of the contracting parties are 18-21 years old? (Article 14) Parental Consent 23. . residence and citizenship of such contracting party and of his or her parents. Instance when there is no need for the presentation of birth or baptismal certificate (aside from being destroyed or loss) (Article 12) a. True or False. Death Certificate of the deceased spouse b. 19. True or False. 20.

31. attach a certificate issued by a priest. shall still issue said license before the completion of the period of the publication. but shall nonetheless issue said license after the completion of the period of publication. For how many days shall the local civil registrar post a notice for marriage license of the parties? (Article 17) 10 consecutive days 27. For how many days shall it remain valid? (Article 20) One hundred twenty days from the date of issue. 30. and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it . Where shall it be posted? (Article 17) 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 28. What shall the local civil registrar do after finding that an impediment exists between the parties who applied for a marriage license? (Article 18) In case of any impediment known to the local civil registrar or brought to his attention. Purpose of a marriage license. Indigent parties shall still pay the required payment prescribed by law. True or False. To prove that there is no legal impediment for the parties to contract a marriage To prove that the parties have the legal capacity to contract the marriage 29. imam or minister authorized to solemnize marriage or a marriage counselor to the effect that the contracting parties have undergone marriage counseling (Article 16) 26.25. True or False. When shall the marriage license be issued? (Article 17) The marriage license shall be issued after the completion of the period of publication. The local civil registrar. 34. unless ordered otherwise by a competent court at his own instance or that of any interest party. unless ordered otherwise by a competent court at his own instance or that of any interest party. after finding out that an impediment exists. (Article 18) 32. the party or parties concerned shall. he shall note down the particulars thereof and his findings thereon in the application for marriage license. Is the license valid only to the place where it was issued? (Article 20) The license shall be valid in any part of the Philippines. (Article 19) 33. In the cases where parental consent or parental advice is needed.

issued by their respective diplomatic or consular officials 36. True or False. Certificate of legal capacity to contract marriage b. 38. That the proper marriage license has been issued according to law. and valid there as such. They were married in USA. Their citizenship. religion and habitual residence. in accordance with the laws in force in the country where they were solemnized. a Filipino citizen. That the parties have entered into marriage settlement. b. What shall a marriage certificate state? (Contents of a marriage certificate Article 22) a. and to administer oaths to all interested parties without any charge in both cases. Affidavit stating the circumstances showing such capacity to contract marriage 37. Ana is a Filipina. and g. if any. How about for stateless persons or refugees from other countries? (Article 21) a. It shall be the duty of the solemnizing officer to prepare the documents stated within Title I of the Family Code. attaching a copy thereof. (Article 24) 40. shall also be valid in this country except… (Article 26) 41. Mary and Sam were already engaged. except in marriage provided for in Chapter 2 of this Title. That either or both of the contracting parties have secured the parental consent in appropriate cases. a divorce is validly obtained by John. still allowed to remarry under the Philippine laws even if divorce is not allowed in the Philippines? Why? (Article 26) 42. The full name. c. and John is an American citizen. sex and age of each contracting party. f. The date and precise time of the celebration of the marriage. Whose duty is it to furnish either of the contracting parties the original of the marriage certificate and send the duplicate and triplicate copies of the certificate not later than 15 days after the marriage to the local civil registrar of the place where the marriage is solemnized? (Article 23) Person solemnizing the marriage 39. True or False. e. That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases. After several years. d. What shall be submitted by the parties if either or both of them are citizens of a foreign country and want to obtain a marriage license in the Philippines? (Article 21) Certificate of legal capacity to contract marriage.35. but Sam was diagnosed of leukemia and was already weak at that time. Is Ana. They decided to get married despite of Sam’s condition and . All marriages solemnized outside the Philippines.

Marriages among Muslims or among members of the ethnic cultural communities provided they are solemnized in accordance with their customs. except those covered the preceding Chapter. Since the wedding was not planned and was solemnized in the case of articulo mortis. Between brothers and sisters. Marriages exempted from marriage license (Articles 27. e. Those solemnized without license. they did not have a marriage license. whether of the full or half blood 47. Incestuous marriage (Article 37) a. Void marriages (Articles 35 to 38) a. up to the fourth civil degree. 33. The marriage was solemnized in the hospital room by their uncle. Those contracted by any party below eighteen years of age even with the consent of parents or guardians. Between collateral blood relatives whether legitimate or illegitimate. Those subsequent marriages that are void under Article 53 g. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so. and f. Marriages void from the beginning for reasons of public policy 45. 32. Between ascendants and descendants of any degree. Sam was cured and living a healthy life. Incestuous marriage i. Between step-parents and step-children. Marriage in articulo mortis solemnized by a military commander of a unit in the absence of a chaplain within a military zone e. Void marriage for reasons of public policy (Article 38) a. Those contracted through mistake of one contracting party as to the identity of the other. rites or practices f. Psychological incapacity h. Cohabitation for at least 5 years 44. and b. c. (Article 36) 46. 28. Define psychological incapacity. a judge. b. d. 31.immediately approved by their family. 34) a. Marriage in articulo mortis between crew members solemnized by ship captain or airplane chief d. b. Those bigamous or polygamous marriages not failing under Article 41. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar c. . Is the marriage still valid even if there is no marriage license and the other party did not actually die? (Article 27) 43. Marriage in articulo mortis b. After a few years.

or his or her own spouse. The action or defense for the declaration of absolute nullity of a marriage shall prescribe. Donations by reason of marriage shall remain valid. even if such designation be stipulated as irrevocable. The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy. d. If the absent spouse reappeared. Effects of the termination of the subsequent marriage (Article 43) a. h. if there are none. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. such donations made to said donee are revoked by operation of law. and e. 48. except that if the donee contracted the marriage in bad faith. shall be dissolved and liquidated. True or False. Between the surviving spouse of the adopted child and the adopter. The number of years required that the prior spouse had been absent for the present spouse to have a well-founded belief that the former was already dead. c. b. True or False. but if either spouse contracted said marriage in bad faith. how many years shall the prior spouse be absent to be assumed dead? (Article 41) 2 consecutive years 52.c. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. as the case may be. what should be recorded in the civil registry of the residence of the parties of subsequent marriage? (Article 42) A sworn statement of the fact and circumstances of reappearance 53. The absolute community of property or the conjugal partnership. (Article 41) 4 consecutive years 51. f. Between an adopted child and a legitimate child of the adopter. and Between parties where one. Between parents-in-law and children-in-law. The children of the subsequent marriage conceived prior to its termination shall be considered legitimate. In case of disappearance where there is danger of death. (Article 39) 49. 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. (Article 40) 50. Between the adopting parent and the adopted child. e. with the intention to marry the other. the children of the guilty spouse by a previous marriage or in default of children. killed that other person's spouse. d. the innocent spouse. Between adopted children of the same adopter. i. g. Between the surviving spouse of the adopting parent and the adopted child. .

Duties of the Court in case of annulment or declaration of absolute nullity of marriage (Article 48) a. Concealment by the wife of the fact that at the time of the marriage. Injured party within five years after the discovery of the fraud d. and such incapacity continues and appears to be incurable f.54. Concealment of drug addiction. That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable 56. Injured party within 5 years after the marriage 59. regardless of its nature. intimidation or undue influence disappeared or ceased e. Consent of either party was obtained by fraud d. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude. Injured party within 5 years from the time the force. Parent or guardian who did not give his consent (within 5 years after the party reached 21 years old) Parent or guardian or person having legal carge of the minor (at any time before such party has reached the age of 21) b. Unsound mind c. fortune. she was pregnant by a man other than her husband. Party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one. (Article 46) 58. said marriage shall be void. True or False. Consent of either party was obtained by force. or chastity shall constitute to fraud and will be a ground for annulment. If both spouses of the subsequent marriage acted in bad faith. rank. Voidable marriage (Article 45) a. 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 . guardian or person having substitute parental authority over the party b. (Article 44) 55. c. existing at the time of the marriage. That either party was physically incapable of consummating the marriage with the other. Concealment of sexually transmissible disease. Marriage that constitute fraud (Article 46) a. b. habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. 57. Who can file annulment of marriage and the required period? (Article 47) a. or d. Sane spouse who had no knowledge f the other’s insanity Any relative or guardian or person having legal charge of the insane (before the death of either party) Insane spouse during a lucid interval or after regaining sanity c. health. intimidation or undue influence e. and the marriage was solemnized without the consent of the parents. Deceit or misrepresentation as to character. True or False.

had already provided for such matters. It shall also provide for appropriate visitation rights of the other parent. by mutual agreement judicially approved. b. Their guardian c. a common child. Status of the children conceived or born of the subsequent marriage under Article 53. c. Children b. (Article 54) Legitimate 65. Repeated physical violence or grossly abusive conduct directed against the petitioner. Who may ask for the enforcement of the judgement? a. Grounds for Legal Separation a. How shall the value of presumptive legitimes of all common children be delivered? State the exception. Sound securities The parties. (Article 51) Legitimate 64. or a child of the petitioner. In cash b. Status of the children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory. Court shall provide for the support of the spouses and the custody and support of their common children. (Article 51) a. 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 to in Title IX. If only one of the contracting parties need parental consent or advice. must the other party be present at the marriage counselling? (Article 16) Yes 66. 62. . Duties of the Court in case of annulment or declaration of absolute nullity of marriage during the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses (Article 49) a. How long will the issuance of the marriage license be suspended if such certificate was not attached? (Article 16) Suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application Legal Separation 1. Property c. 61.60. Trustee of their property 63.

c. h. Attempt of respondent to corrupt or induce the petitioner.b. Attempt by the respondent against the life of the petitioner. What shall be done by the court in the absence of a written agreement between the spouses? Designate either of them or a third person to administer the absolute community or conjugal partnership property 8. Defenses for Legal Separation a. When shall an action for legal separation be tried? After 6 months have elapsed since the filing of the petition 5. i. Duty of the prosecuting attorney or fiscal a. In case of legal separation. e. Sexual infidelity or perversion. Who may be the administrator of the absolute community or conjugal partnership property of the spouses? a. Prescription 3. Consent c. or a child of the petitioner. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation. d. Collusion f. g. Third person . or j. even if pardoned. Either of the spouses b. Lesbianism or homosexuality of the respondent. Mutual guilt e. To take care that the evidence is not fabricated or suppressed 7. Condonation b. Final judgment sentencing the respondent to imprisonment of more than six years. When shall an action for legal separation be filed? Within five years from the occurrence of the cause 4. Abandonment of petitioner by respondent without justifiable cause for more than one year. Connivance d. what shall be done first by the court before trying such case? Reconciliation of the spouses 6. To take steps to prevent collusion between the parties b. 2. a common child. or connivance in such corruption or inducement. to engage in prostitution. Drug addiction or habitual alcoholism of the respondent. Contracting by the respondent of a subsequent bigamous marriage. f. whether in the Philippines or abroad.

The custody of the minor children shall be awarded to the innocent spouse. Termination of the Legal Separation b. In what court shall it be filed? Same court where the action for Legal Separation is filed 16. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. What shall be done by the spouses if they reconcile? A corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation 13. subject to the provisions of Article 213 of this Code. 11. provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. which shall be forfeited in accordance with the provisions of Article 43(2). What shall the agreement to revive the former property regime contain? a. Consequences of the reconciliation of the spouses a. 10.9. but the marriage bonds shall not be severed. Properties to be contributed anew to the restored regime. c. b. and d. What shall be done by the court after due hearing? . b. Moreover. The spouses shall be entitled to live separately from each other. Where the revocation of the donations shall be recorded? Registries of properties in the place where the properties are located 12. Those to be retained as separated properties of each spouse. their addresses and the amounts owing to each 15. even if such designation be stipulated as irrevocable. 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. What may be done by the innocent spouse after the finality of the decree of legal separation with regard to the donations and insurance made by him in favor of the guilty spouse? Innocent spouse may revoke the donations made by him or by her in favor of the offending spouse. and c. Final decree of legal separation shall be set aside. as well as the designation of the latter as beneficiary in any insurance policy. Effects of the decree of Legal Separation a. but the separation of the property and any forfeiture of the share of the guilty spouse already effected shall subsist. (Exception to the last clause: The spouses agree to revive their former property regime) 14. The names of all their known creditors.

Take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties .