FAMILY CODE OF THE PHILIPPINES

ARTICLE 1. MARRIAGE
 It is a special contract.
 It is a status, relation and institution
o Status – they parties cannot put an end to it for the consequences of marriage
are fixed by law.
o MAIL ORDER BRIDES ARE ILLEGAL (RA6955).

 Marriage is the union of a man and a woman for the blessings of a domestic home life
and for child rearing. The purpose is for the establishment of a conjugal and family life.
The family is an inviolable social institution (an anterior of the state).
o It is different with the Muslim people, for they can have four wives at a time
provided that he can give them equal companionship and equal treatment.

PRINCIPLES OF MARRIAGE
 Union (physical or spiritual)
 One man with a woman (monogamy)
 Reciprocal blessings (50-50 proposition; one must not abuse the other)
 Birth (anti-birth control)
 Rearing (care of both parents is essential)
 Education of children (natural right of parents to educate their children)

MARRIAGE IS NOT JUST AN ORDINARY CONTRACT

 Contracts are only ordinary contracts, marriage is a social institution.
 Ordinary contracts have stipulations that are usually set by the parties, in marriage, the
nature and consequences, as well as the incidents are governed by law.
 For marriage, age varies.
 In marriage, only death or annulment for legal causes dissolves the marriage contract.
Ordinary contracts expire or dissolved through fulfillment.

ARTICLE 2. VALIDITY OF MARRIAGE

 Legal capacity of the parties who must be a male and a female.
o Must have the necessary age or consent of parents in certain cases.
o no impediments caused by prior marriage
 Consent given freely in the presence of the solemnizing officer
o Consent is required since it should be a voluntary act.
o if there is consent but it is vitiated, the marriage is voidable (valid until
annulled).
o If there is no consent or if it is some kind of joke, marriage is void.
ARTICLE 3. REQUISITES OF MARRIAGE
 Authority of the solemnizing officer.
o Under the family code, if the solemnizing officer had no authority, but there is
good faith in the parties the marriage is valid.
 a valid marriage license except in cases in chapter 2 of this title (near-death, residence
of either party is too far, etc.)
 a ceremony that takes place with appearance of the parties before the officer and their
 personal declaration that they take each other as husband and wife in the presence of
not less than 2 witnesses of legal age.

ARTICLE 4. ABSENCE OF FORMAL REQUISITES

 marriage is void ab initio (void from the beginning)
 Except in cases in Article 35(2).
 A defect in the requisites will render the marriage voidable.
 An irregularity shall not affect the validity of the marriage but the party responsible
for such irregularity shall be civilly, criminally and administratively liable.
o E.g. only 1 witness, lack of legal age of witness, failure to comply with procedural
requirements, etc.

ARTICLE 5. WHO MAY CONTRACT A MARRIAGE

 Any male of female of 18 years or upwards not under impediments may contract a
marriage.
o Art. 37 incestuous
o Art. 38 public policy reasons (step dad, adopted, killed the original spouse, etc.)

ARTICLE 6. NO PRESCRIBED RELIGIOUS RITE FOR THE CEREMONY

 Appear before the officer, with not less than 2 witnesses and sign the marriage
certificate.
 In cases where the other party cannot sign the certificate, it is sufficient that the witness
write the name of the party, to be attested by the solemnizing officer.
o If the solemnizing officer forgot to ask the other party if he takes the other as his
or her hubby or wife, it is still valid so long as the party also signs the marriage
certificate.

 COMMON LAW MARRIAGES – not considered valid between Filipinos.

o Common law marriage is one where the man and the woman live together as
hubby and wife without getting married. (live in set-up)
o If foreigners and the relationship began abroad, it is valid if the personal law of
the parties and the place where the relationship began recognize their marriage.

MARRIAGE BY PROXY
 Represented by a delegate or a friend.
 If performed in the Philippines, the marriage is void because physical appearance is
required.
 If abroad: if the marriage by proxy is valid where it was celebrated, it is valid in the
Philippines.

ARTICLE 7. MARRIAGE MAY BE SOLEMNIZED BY:

 Any incumbent member of the judiciary within the court's jurisdiction.
 Any priest, rabbi, imam of any religious sect duly authorized by his church, registered in
the civil registrar, acting within the limits of the written authority granted him by his
church and at least one of the parties belong to the solemnizing officer's religious sect.
 Any ship captain or airplane chief in cases in Art. 31.
o In articulo mortis, may be solemnized not only while at sea or flight, but also at
 dock or during stopovers.
 Any military commander of a unit where a chaplain is assigned, in the absence of the
latter, during a military operation only in cases in Art. 32.
o also in articulo mortis, between persons within the military zone of
operation, whether civilians of members of armed forces.
 Any consul- general, consul or vice-consul in cases in Art. 10.
o By Filipinos abroad. The issuing of medical certificate, and duties of the local civil
registrar will be exercised by the solemnizing officer.

 GOVERNORS, MAYORS AND AMBASSADORS HAVE NO AUTHORITY TO

SOLEMNIZE
o However, under the local government code, the mayors are now authorized to
solemnize a marriage within their jurisdiction.

 IF A PERSON SEEKS TO IMPUGN A VALIDITY OF MARRIAGE ON GROUNDS THAT

THE PERSON SOLEMNIZING HAD NO AUTHORITY, he/she must prove such
allegation.

ARTICLE 8. SOLEMNIZED PUBLICLY

 In chambers of the justice or judge.
 Except in cases of articulo mortis
 Or in remote places
 Or in cases where the parties request in writing that the marriage be solemnized at a
house or a place designated by them in a sworn statement to that effect.
Reason:
 The state takes interest in the marriage.

ARTICLE 9. MARRIAGE LICENSE

 Issued by the local civil registrar where either contracting party habitually resides
 Except in cases where marriage licenses are not required (e.g. articulo mortis)
o Articulo mortis
o Remote place
o Marriage of people who have cohabitated for at least 5 years
o Pagans, Mohammedans who live in non-Christian provinces and are married
according to their customs.

ARTICLE 10. MARRIAGE BY CONSULS, VICE-CONSULS

 the issuance of marriage license and the duties of the local civil registrar shall be
performed by the solemnizing officer.
o The provisions of the family code shall be performed by the solemnizing officer.

ARTICLE 11. IF A MARRIAGE LICENSE IS REQUIRED, EACH CONTRACTING PARTY

SHALL FILE SEPARATELY A SWORN APPLICATION FOR SUCH LICENSE WITH THE
PROPER LOCAL CIVIL REGISTRAR WHICH SHALL SPECIFY:
 Full name, place of birth, age and date of birth, civil status, if previously married, how,
when ,where the previous marriage was dissolved or annulled, present residence and
citizenship, degree of relationship of the contracting parties
  Full name residence and citizenship of the father and mother
 Full name residence and citizenship of the guardian in case the party has neither father
nor mother and is under the age of 21 years.

ARTICLE 12. DETERMINING WHETHER PARTIES HAVE THE RIGHT AGE

 They shall present their birth certificate, if there is none,
 Baptismal certificate or copies of such documents attested by the persons having
custody of the originals. If destructed or lost,
 Furnish copy of residence certificate or an instrument drawn up and sworn to before the
local civil registrar.
 Such declaration shall contain the names of two witnesses of lawful age, with full name,
residence and citizenship of such contracting party and of his or her parents, if known,
the place and date of birth of such party.
 Neareest of kin is the preferred witness, or a person with good reputation in the
province or locality.

 The presentation shall not be required if the parents of the parties appear personally
before the local civil registrar and swear to the correctness of the lawful age of the said
parties.
 Or when the local civil registrar can deduce that such parties are of legal age just by
looking at them.

ARTICLE 13. IF PREVIOUSLY MARRIED

 Furnish death certificate or
o In case death cert. is not available an affidavit setting forth this circumstance and
his or her actual civil status and the name and date of death of the deceased
spouse.
 A judicial decree of absolute divorce and judicial decree of annulment.

ARTICLE 14. IF BETWEEN 18-21, NOT HAVING BEEN EMANCIPATED BY A PREVIOUS

MARRIAGE (ANY)
 Shall in addition to the preceding articles exhibit to the local civil registrar the consent to
their marriage by father, mother, surviving parent of guardian, or persons having
legal charge of them, in the order mentioned.
 Must be manifested in writing, who personally appears at the 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 oaths.
 The personal manifestations shall be recorded.
 If affidavit, shall be attached to the applications.

ARTICLE 15. AGES 21-25 (ANY)

 Obliged to ask their parents or guardian advice for the marriage.
 If no advice, or unfavorable, the license shall not be issued till after 3 months following
the completion of the publication of the application thereof.
 If advice is given, it shall be attached to the application for marriage license.
 If the parents refuse to give advice, such statement shall be stated in sworn statement.
o 3 months following the completion will the license be issued.
  If parties refuse to obtain advice, the license will not be issued until after 3
months from the end of the 10th day publication.
 If they marry without the license, the marriage is null and void.

ARTICLE 16. IN CASES WHERE PARENTAL CONSENT AND ADVICE IS NEEDED

 The parties shall include in their application the certificate issued by the priest, imam or
ministered authority to solemnize marriage that they have undergone marriage
counseling.
 Failure to attach such, will suspend the issuance of the license for 3 months after the
complete of the publication of the application.
 If officer issued a marriage license within the 3 month period, the officer shall be
administratively liable, but the validity of the marriage will not be affected.
 If only one of the parties need consent/advice, the other party need be present in the
counseling.

ARTICLE 17. NOTICE PREPARED BY THE LOCAL CIVIL REGISTRAR

 the local civil registrar shall prepare a notice, listing the names of the contracting parties
and residences and other data given in the applications.
 It shall be posted for 10 consecutive days in a conspicuous place on a bulletin board
outside the office of the local civil registrar, accessible to the public.
 This notice requests all persons that have knowledge of any impediment to the marriage
to advice the office of such.
 The license shall be issued after 10 days of its publication.

ARTICLE 18. IN CASE OF IMPEDIMENT

 The officer shall note down the particulars of the findings on the application.
 But shall issue the license nonetheless after the completion of the publication.
 Unless ordered by a competent court upon petition of the civil registrar at his own
instance or that of any interested party.
o No filing fee shall be charged by the filing of petition nor a bond required for the
issuance of the order.

ARTICLE 19. REQUIRED FEES

 Fees prescribed by law or regulations before the issuance of the marriage license.
 No other fee or tax will be charged.
 It shall be issued to indigent parties (those with no visible means of income or
whose income is insufficient for their subsistence – established by their affidavit
or oath before the local civil registrar)

ARTICLE 20. EXPIRATION OF LICENSE

 Valid in any part of the Philippines for a period of 120 days from date of issue.
 Automatically cancelled if not used.
 The date of expiry shall be stamped in bold on the face of every license issued.
 CRIMINALLY LIABLE IF THE SOLEMNIZING OFFICER PERFORMED THE
CEREMONY AFTER THE EXPIRY DATE.
ARTICLE 21. IF FOREIGNER (EITHER OR BOTH)
 Obliged to submit Certificate of Legal Capacity to Contract Marriage issued by their
diplomatic offices
o Their capacity is subject to their laws.
o Issued only by proper diplomatic or consular officials
 Ambassadors, minister plenipotentiary and envoy extraordinary, resident
minster, charges d'affaires
 Consul-general, consul, vice-consul, consular agent
 If they are stateless or refugees, they shall submit an affidavit showing their capacity to
contract marriage.

ARTICLE 22. MARRIAGE CERTIFICATE

 Contains: full name, sex and age of parties.
 Citizenship, religion and habitual residence,
 Date and precise time of the celebration of the marriage,
 That the proper marriage license has been issued according to law
 That they have secured the parental consent in certain cases,
 Secured parental advice in certain cases
 That they have entered into marriage settlements, if any, attaching a copy thereof.

 MARRIAGE CERTIFICATE
o Is not an essential requisite of marriage.
o Failure to sign the marriage contract does not invalidate the marriage. Oral
solemnization is sufficient.
o The license is the essential requirement, not the certificate.

ARTICLE 23. DUTY OF THE SOLEMNIZING OFFICER

 Furnish either of the parties the original marriage certificate
 Send the duplicate and triplicate of such to the local civil registrar, not later than 15
days after the marriage. (2 copies)
 Receipts shall be issued by the local civil registrar to the officer.
 The solemnizing officer shall keep in his file the quadruplicate copy of the certificate, the
original of the license, and the affidavit of the contracting party requesting that the
marriage be done in a different place.
 EVEN IF NO ONE RECEIVES A COPY, THE MARRIAGE WILL STILL BE VALID.

ARTICLE 24. DUTY OF THE LOCAL CIVIL REGISTRAR

 Administer oaths and prepare the documents required by this title without any charge.
 The documents and affidavits filed in connection with the application shall be exempt
from the documentary stamp tax.

ARTICLE 25. ENTER ALL APPLICATIONS FOR MARRIAGE LICENSES IN A REGISTRY

BOOK STRICTLY IN THE ORDER THEY ARE RECEIVED.
 Record the names of the applicants, and the date the license was issued and such
other data necessary.
 Must be chronological.
ARTICLE 26. ALL MARRIAGES SOLEMNIZED OUTSIDE THE PHILIPPINES
 If the marriage is valid there, it is also valid here.
o If void in the place where celebrated, also void here in the Philippines.
o If voidable in the place where celebrated, voidable here in the Philippines.
 EXCEPT those below 18, bigamous/polygamous, psychologically incapacitated,
incestuous, blood relationship/stepdad, adopted.
 If a divorce was obtained by the foreigner in his country, capacitating him/her to
remarry, the Filipino/Filipina may also remarry under Philippine law.
o If both are Filipinos, they do not apply.
o If the Filipino obtained the divorce, the divorce is void.

REQUIREMENTS TO PROVE A FOREIGN MARRIAGE

 Existence of a pertinent provision of the foreign marriage law
 The celebration of the marriage in accordance with the said law.
 It must be proved as a fact.

MARRIAGES EXEMPT FROM THE LICENSES REQUIREMENT

ARTICLE 27. BOTH OR EITHER PARTIES ARE AT THE POINT OF DEATH
 The marriage may be solemnized without the necessity of a marriage license and shall
remain valid even if the ailing party subsequently survives.
 Provided of course that all requisites are present (e.g. conscious, age)
 Upon order of the solemnizing officer, if the ailing party cannot sign the marriage
certificate, another person can sign the certificate.
 Priests, rabbis, ship captains, airplane chiefs, commanding officers, judges and justice
can solemnize the marriage.
 DANGER OF DEATH AND POINT OF DEATH ARE DIFFERENT.

ARTICLE 28. IF THE RESIDENCE OF EITHER PARTIES ARE SO LOCATED THAT THERE
IS NO MEANS OF TRANSPORTATION TO ENABLE THE PARTY TO APPEAR IN THE
LOCAL CIVIL REGISTRY
 Allowed even without marriage license.

ARTICLE 29. THE SOLEMNIZING OFFICER SHALL ISSUE AN AFFIDAVIT TO THE LOCAL
CIVIL REGISTRY
 Attesting to the fact that marriage was solemnized in articulo mortis, remote place and
that the officer took necessary steps to ascertain to the ages and relationship of the
parties and the absence of a legal impediment to the marriage.
 Even if the solemnizing officer failed to issue an affidavit, it sill not invalidate the
marriage.

ARTICLE 30. AFFIDAVIT

 A copy of the affidavit in the preceding article along with the marriage contract will be
sent by the solemnizing officer to the local civil registrar within 30 days after the
performance of the marriage.
 Failure to comply does not invalidate the marriage.
ARTICLE 31. ARTICULO MORTIS BETWEEN PASSENGERS OR CREW MEMBERS
 May be solemnized by the captain of ship or pilot of airplane not only while in flight or at
sea, but also during stopovers or ports of call. ONLY IN ARTICULO MORTIS

ARTICLE 32. MILITARY COMMANDER

 May solemnize in articulo mortis between persons within the zone of military operations
(civilians/military)
 HE MUST BE A COMMISSIONED OFFICER.

ARTICLE 33. MUSLIM MARRIAGES/ETHNIC COMMUNITIES

 May be solemnized without marriage licenses provided that they do so in accordance
with their customs, rights or practices.
ARTICLE 34. NO LICENSE SHALL BE NECESSARY FOR THE MARRIAGE OF A MAN
AND A WOMAN WHO HAVE LIVED TOGETHER AS HUSBAND AND WIFE FOR ATLEAST
5 YEARS. (RATIFICATION OF MARITAL COHABITATION)
 As long as they are without legal impediment to marry each other.
 They shall state the facts in an affidavit before any person authorized by law to
administer oaths.
 The solemnizing officer must also state that the parties have no legal impediment to
marriage.

REQUISITES:
 5 years living together
 no legal impediment to marriage
 stated the foregoing in an affidavit before any person authorized by law to adminster
oaths
 affidavit of the solemnizing officer.