ESSENTIAL REQUISITES OF MARRIAGE:Consent freely given
People v. Santiago, (1927): A marriage entered into by a person whose real intent is to avoid prosecution for rape is void for total lack of consent. The accused did not intend to be married. He merely used such marriage to escape criminal liability. Eigenmann v. Guerra (1964): There was no reasonable and well-grounded fear […]
ESSENTIAL REQUISITES OF MARRIAGE: Age Legal Capacity [Art. 5]
Male or female 18 years old and above, not under any impediments mentioned in Art. 37 (incestuous marriage) & Art. 38 marriage against public policy), may contract marriage. Must be male and femaleJones v Hallahan, (1973): Application for marriage license was denied since marriage is defined by law as a contract entered into between a […]
Family Code of the Philippines:Requisites of a Valid Marriage
Art. 1, FC. 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 […]
Civil Code of the Philippines :Presumptive Death
a. Ordinary Presumptive Death (Article 390)Art. 390. After an absence of seven years, it being unknownwhether or not the absentee still lives, he shall be presumed dead forall purposes, except for those of succession.The absentee shall not be presumed dead for the purpose ofopening his succession till after an absence of ten years. If hedisappeared […]
Civil Code of the Philippines:Effect of Defective Marriages on the Status of Children
A. If the marriage is voidable (Article 54)Art. 54. Children conceived or born before the judgment ofannulment or absolute nullity of the marriage under Article 36 hasbecome final and executory shall be considered legitimate. Childrenconceived or born of the subsequent marriage under Article 53 shalllikewise be legitimate. Legitimate – if conceived before final judgment Illegitimate […]
Family Code of the Philippines:Marriage Certificate (Articles 22 and 23)
Art. 22. The marriage certificate, in which the parties shall declare thatthey take each other as husband and wife, shall also state:(1) The full name, sex and age of each contracting party;(2) Their citizenship, religion and habitual residence;(3) The date and precise time of the celebration of the marriage;(4) That the proper marriage license has […]
Family Code of the Philippines:Additional Requirements for Annulment or Declaration of Nullity
Art. 48. In all cases of annulment or declaration of absolute nullity ofmarriage, the Court shall order the prosecuting attorney or fiscal assigned to itto appear on behalf of the State to take steps to prevent collusion between theparties and to take care that evidence is not fabricated or suppressed.In the cases referred to in […]
Family Code of the Philippines: Foreign Marriages and Foreign Divorces
Art. 26, . All marriages solemnized outside the Philippines, inaccordance with the laws in force in the country where they were solemnized,and valid there as such, shall also be valid in this country, except thoseprohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. General Rule: Foreign marriages which are in accordance with […]
Family Code of the Philippines: Effects of a Defective Marriage
provisions in favor of the offending spouse made in the will ofthe innocent spouse shall be revoked by operation of law.Art. 64. After the finality of the decree of legal separation, theinnocent spouse may revoke the donations made by him or by her infavor of the offending spouse, as well as the designation of the […]
Family Code of the Philippines:Rules on the Forfeiture of the Share of the Guilty Spose
1. Re-appearance of spouse (Article 43(2))Art. 43. The termination of the subsequent marriage referred to inthe preceding Article shall produce the following effects:(2) The absolute community of property or the conjugal partnership,as the case may be, shall be dissolved and liquidated, but if eitherspouse contracted said marriage in bad faith, his or her share ofthe […]