Module 2 Revised

VJ
A Strong Partner for Sustainable Development
Module 2
In
CRIM 105
JUVENILE DELINQUENCY AND JUVENILE

JUSTICE SYSTEM
College of Criminal Justice Education

Bachelor of Science in Criminology
Module No. 2
CHAPTER 2
Marriage and Dissolution of Marriage
2nd Semester 2021-2022
GLORIA P. GONZALES
Instructor I
INSTRUCTION TO THE USER
This module would provide you an educational experience while independently

accomplishing the task at your own pace or time. It aims as well to ensure that learning is
unhampered by health and other challenges. It covers the topic about Marriage and
Dissolution of Marriage.
Reminders in using this module:
1. Keep this material neat and intact.

2. Answer the pretest first to measure what you know and what to be learned
about the topic discussed in this module.
3. Accomplish the activities and exercises as aids and reinforcement for better
understanding of the lessons.
4. Answer the post-test to evaluate your learning.
5. Do not take pictures in any parts of this module nor post it to social media
platforms.
6. Value this module for your own learning by heartily and honestly answering
and doing the exercises and activities. Time and effort were spent in the
preparation in order that learning will still continue amidst this Covid-19
pandemic.
7. Observe health protocols: wear mask, sanitize and maintain physical
distancing.
Hi! I’m Blue Bee, your WPU Mascot.

Welcome to Western Philippines University!
Shape your dreams with quality learning experience.
STAY SAFE AND HEALTHY!
WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

INTRODUCTION
This module will serve as an alternative learning material to usual way of
classroom teaching and learning delivery. The instructor will facilitate and explain the
module to the students to achieve its expected learning outcomes, activities and to ensure
that they will learn amidst of pandemic.
This material discusses one of the most essential learning competencies of
Juvenile Delinquency and Juvenile Justice System. It is concerned with bringing about
changes in the people knowledge, attitude and practices towards Families in dealing with
the problems on Juvenile Delinquency. It utilizes a variety of educational approaches and
methods whereby people go through teaching- learning process and which maybe planned,
implemented and evaluated through the students, organized groups and other
organizations and agencies in the community. It includes various topics such as Marriage
under Philippine Law, Legal separation , Annulment of Marriage and Divorce
Learning modules are becoming popular education tools in school as of today in
our pandemic situations.
It is very important that the learner cooperate in by using this module page by
page and completing all the activities asked. At the end learning outcome is evaluated
based the different task given to you.
Through your cooperation in this kind of flexible learning delivery,
understanding Juvenile Delinquency and Juvenile Justice System as your subject is very
much possible. It is expected that after using this module you will become more interested
in your subject as to become a member of law enforcement someday. As a law enforcement
agents and investigators should have at least basic knowledge Juvenile Delinquency and
Juvenile Justice System.
CHAPTER 2: MARRIAGE AND DISSOLUTION OF MARRIAGE
This chapter introduces the fundamental concepts of marriage, marriage under

Philippine law, the annulment of marriage, the legal separation, and the divorce. Also, it
consists of legal impressions about family, rights of parents and children under the Family
Code, parental authority, emancipation and age of majority.
Families play a vital role in the development of children and youth. Studies of juvenile
delinquency have shown that the family environment can present as either a risk or protective
factor. Family as the basic unit of society, whose main responsibility is to provide the basic
necessities of the child as well as to give emotional, spiritual, moral, intellectual and social
basic to its members particularly the children and the primary social agency tasked with the
significant task of rearing the youth.
Learning Outcomes:
At the end of this chapter, the students can:
1. Discuss the forms and types of marriage.
2. Explain the importance of marriage
3. Enumerate the different requisites of marriage certificate
4. Identify the grounds of annulment of marriage
5. Differentiate legal separation from annulment of marriage.
6. Describe facts about divorce
Specific Topics:
a. Marriage and Marriage Dissolution
b. Time allotment (3 hours per session)
Target date to submit
PRE-TEST: Answer the following questions (10 pts.) Provide space for your answer below.
No Screenshots of answer.
1. What do you know about Marriage?

2. How could marriage affect the life of an individual?
D. DISCUSSION
CHAPTER 2: Marriage and Dissolution of Marriage
Lesson 1. Marriage
This chapter introduces the fundamental concepts of marriage, marriage under
Philippine law, the annulment of marriage, the legal separation, and the divorce.
Furthermore, progress check is provided at the end of this chapter.
Marriage is a special contract of

permanent union between a man and a
woman centered into an accordance with
law where the establishment of conjugal
and family life.
Marriage is a social union or legal
contract between individuals that creates
kinship. It is an institution in which
interpersonal relationships, usually
intimate and sexual, are acknowledged by
a variety of ways, depending on the
culture or demographic.
According to Confucius, “Marriage is the union of two different surnames, in friendship

and in love, in order to continue the posterity of the former sages, and to furnish those who
shall preside at the sacrifices to heaven and earth, at those in the ancestral temple, and at those
at the altars to the spirits of the land and grain.”
Philosopher, historian, and literary essayist Thomas De Quincey defined marriage as
“a union between two persons, who lived in harmony so absolute with each other, as to be
independent of the world outside.”
The primary definition of Marriage in Merriam-Webster is the state of being united to
a person of the opposite sex as husband or wife in a consensual and contractual relationship
recognized by law family.
What motivates someone to marry?

The following are some of the reasons:
a. love, economic e. adventure,
b. parents’ wishes f. protection, and
c. escape from loneliness and many more. g. sexual attraction
d. financial security
Forms Of Marriage
1. Monogamy. This refers to marriage of 1 male and one female. It is a form of
marriage in which an individual has only one spouse during their lifetime or at
any one time.
2. Polygamy. The refers to the marriage between one person of 1 sex and a
minimum of two persons of the other sex. It is a marriage which includes more
than two partners.
Types Of Polygamy
a. Polyandry – it refers to the marriage of one woman to two or more men
b. Polygyny – refers to the marriage of one man to two or more women.
c. Plural – it‟s a first group marriage also known as multi-lateral marriage
it‟s aform of polyamory in which more than two persons form a family unit
with all the members of the group marriage being considered to be
married to all the other members of the group marriage and all the
members of the marriage share parental responsibility for any children
arising from the marriage.
Kinds of Marriage
1. Adoptive Marriage – practiced in Japan. If the family does not have a son
to preserve the surname, the prospective son-in-law adopts the family name
of the bride
„s parents before the marriage. In doing so, the bride‟s family name is not chang
2. Sororate Marriage – is sometimes called the sister-in-law marriage. It is
called as such because a man remarries his deceased wife‟s sister.
3. Levirate Marriage – the reverse of sororate marriage. Under this form of
marriage, where woman tries to remarries the deceased husband‟s brother.
4. Ghost Marriage - similar to levirate marriage. The children of the woman
who married the deceased husband‟s brother are considered “sired” by the
dead husband. That means, the second husband or the brother is only a
“surrogate” or a who substitute for his brother.
5. Endogamy Marriage - is the practice of marrying within a specific social
group, caste, or ethnic group, rejecting those from others as unsuitable for
marriage or other close personal relationships. Endogamy is common in many
cultures and ethnic groups.
6. Exogamy Marriage - is the social norm of marrying outside one's social
group. The group defines the scope and extent of exogamy, and the rules and
enforcement mechanisms that ensure its continuity. One form of exogamy is
dual exogamy, in which two groups engage in continual wife exchange.
Residences after Marriage
1. Neolocal Residence — This means that the newly married couple lives in their
own residence.
2. Patrilocal Residence — This means that the newly married couple moves in with
the husband’s parents. Virilocal residence is another term used for this type of
residence.
3. Matrilocal Residence — This means that the newly married couple moves in with
the wife’s parents. Uxorilocal residence is another term used for this type of
residence.
4. Bilocal Residence—This means that the newly married couple shifts residence
from matrilocal to patrilocal residence. The reason for this shift may be due to
financial reason, parents’ wishes, or some other reasons. By doing so, the couple can
save money (Saquilayan, et. al, 2011).

What is a Marriage License?
A marriage license is a document issued, either by a church or state

authorithy, authorizing a couple to marry. The procedure for obtaining a license varies
between jurisdictions and has changed over time. Marriage licenses began to be issued in
the Middle Ages, to permit a marriage which would otherwise be illegal (for instance, if
the necessary period of notice for the marriage had not been given).
A Marriage Certificate is a document that shows social union or a legal contract

between people that creates kinship. Such a union, often formalized via a wedding
ceremony, may also be called matrimony. A general definition of marriage is that it is a
social contract between two individuals that unites their lives legally, economically and
emotionally.
What is Common-Law Marriage?

Common-law marriage, also
known as non-ceremonial
marriage, sui iuris marriage,
informal marriage, or marriage by
habit and repute, is a legal
framework where a couple may be
considered married without
having
formally registered their relation
as a civil or religious marriage.
The original concept of a
"common-law marriage" is one
considered valid by both partners but
not formally recorded with a state or
religious registry, nor celebrated in a
formal civil or religious service. In
effect, the act of the couple representing
themselves to others as being married
and organizing their relation as if
they were married, means they are married.
The term common-law marriage (or similar) has wider informal use, often to
denote relations that are not legally recognized as marriages. It is often used colloquially
or by the media to refer to cohabiting couples, regardless of any legal rights or religious
implications involved. This can create confusion in regard to the term and to the legal
rights of unmarried partners (in addition to the actual status of the couple referred to).
What is Same-sex Marriage?

Same-sex marriage, also
known as gay marriage, is the marriage
of two people of the same sex or gender,
entered into in a civil or religious
ceremony. There are records of same-sex
marriage dating back to the first century.
In the modern era, marriage equality was
first granted to same-sex couples in the
Netherlands on 1 April 2001.
As of 2021, same-sex marriage is
legally performed and recognized in 29
countries (nationwide or in some • Portugal
jurisdictions):
• Finlan
d
• Argentina France South Africa

• Australia • Germany • Spain
• Austria • Iceland • Sweden
• Belgium • Ireland • Taiwan
• Brazil • Luxembour • United Kingdom
• Canada g • United States
• Colombia • Malta • Uruguay
• Costa • Mexico
Rica • Netherlands
• Denmark • New
• Ecuador Zealand
• • Norway
•

Financial Considerations of Marriage
1. Dowry. A dowry is a transfer of parental property, gifts, property or money

upon the marriage of a daughter. Dowry contrasts with the related concepts
of bride price and dower. The dowry is intended to help set up the couple's
new household, especially in cultures where it is rare for a woman to work
outside the home. If a woman died without having any sons, her husband
would have to return the dowry to the bride's family, deducting the value
of the bride price.
2. Bride Price and Dower. In other cultures, the groom or his family was
expected to pay a bride price did the bride‟s family for the right to marry
the daughter, or dower, which was payable to the bride. This required the
groom to work for the bride‟s family for a set period of time.
3. Modern Customs. In many countries today, each marriage partner has
the choice of keeping his or her property separate or combining properties.
In the latter case
called Community property, when the marriage ends by divorce each owns half. In any legal
jurisdictions, laws related to property and inheritance provide by default for property to pass
upon the death of one party in a marriage free sleep to the spouse and secondly to the
children.
4. Taxation. In some countries, spouses are allowed to average their incomes,
this is advantageous to a married couple with desperate incomes. To
compensate for this, many countries provide a higher tax bracket for the
average income of a married couple. Well income averaging might still benefit
a married couple with a stay at home spouse, search averaging would cause a
married couple with roughly equal personal incomes to pay more total tax than
they would as two single persons.
Termination Of Marriage
1. Death
2. Divorce
3. Annulment
Note: After divorce, one spouse may have to pay alimony.

Alimony, maintenance or spousal support is an obligation established by divorce
law in many countries that is based on the premise that both spouses have an absolute obligation
to support each other during the marriage (or civil union) unless they are legally separated. In
some instances, the obligation to support may continue after separation or divorce.
The earliest example of alimony is mentioned in the first recorded code of laws in the
world; the Code of Ur-Nammu. In it, a man who divorced his wife was supposed to pay her a
Mina.
Lesson 2: Marriage under the Philippine Law

Executive order number 209 (the family code of the Philippines, as amended by
executive order number 227) prescribes the following legal provisions concerning marriage:
Marriage (Article 1,FC) is a special contract of permanent union between a man

and 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.
Two Essential Requisites of Valid Marriage

1. The legal capacity of the contracting parties who must be a male and a female.
and
2. Consent freely given in the presence of the solemnizing officer.(Art.2,FC)
Parental Consent and Parental Advice

Parental Consent and Parental Advice Cannot be used interchangeably. Parental
consent is required when either or both of the contracting parties are between the ages of
18 and 21 well Parental advice is required if either or both of the contracting parties is/are
between the age of 21 and 25. The parental consent or parental advice as the case may be is
required during the application for a marriage license.
Could the parents give their consent to the marriage of their child who is below
18 years old?
No. The marriage of a person below 18 years of age even with the consent of the
parents, is void ab initio (void from the very beginning).

What happens if Parental Consent is required, but not secured or given?
The marriage is voidable, subject to the filing of a petition for annulment, the marriage
is valid until annulled, with the following limitations:
1. It could be filed only on behalf of the party who is between 18 and 21 at the time of
marriage.
2. The petition could no longer be filed after the concerned party reaches 21 and freely
cohabited with the other, and both lived together as husband and wife. The marriage is
considered ratified if no petition is timely filed (Philippine e- Legal Forum)

What is Marriage License?
A marriage license is a document issued, either by a church or state authority, authorizing

a couple to marry. The procedure for obtaining a license varies between countries and has
changed over time. Marriage licenses began to be issued in the Middle Ages, to permit a
marriage which would otherwise be illegal (for instance, if the necessary period of notice for
the marriage had not been given).
What is Common-law Marriage ?
Common-law marriage is also known as sui iuris marriage, de facto marriage,

informal marriage or marriage by habit and repute, is a form of interpersonal status
which is legally recognized in some jurisdictions as a marriage even though no legally recognized
marriage ceremony is performed or civil marriage contract is entered into, or the marriage is
registered in the civil registry.
One of the oldest known and recorded marriage laws is discerned from Hammurabi’s
Code, enacted during the Mesopotamian world (widely considered as the cradle of civilization).
The legal institution of marriage and its rules and ramifications have changed over time
depending on the culture of demographic of the time.
Same-sex Marriage
It is a term used to describe a legally or socially recognized marriage between two

persons of the same biological sex or social gender. Other terms used to describe this type of
recognition include gay marriage or gender-neutral marriage (Vassallo, 2009).
Etymology of Marriage
The modern English word “marriage” derives from Middle English mariage, which
first appears in 1250-1300 C.E. This in turn is derived from Old French marier (to marry)
and ultimately Latin maritare (to marry) and maritus (of marriage).

Financial considerations of Marriage
The financial aspects of marriage vary between cultures and have changed over time. In
some cultures, dowries and bride prices continue to be required today. After the marriage in
early Modern Britain all the property (called “fortune”) and expected inheritances of the wife
belonged to the husband.
1. Dowry
A dowry was not an unconditional gift, but was usually a part of a wider marriage
settlement. For example, if the groom had other children, they could not inherit the dowry,
which had to go to the bride’s children. In the event of her childlessness, the dowry had to be
returned to her family, but sometimes not until the groom’s death or remarriage.
2. Bride Price and Dower
In other cultures, the groom or his family was expected to bay a bride price to the bride’s
family for the right to marry the daughter, or dower, which was payable to the bride. This
required the groom to work for the bride’s family for a set period of time.
In the Jewish tradition, the rabbis in ancient times insisted on the marriage couple
entering into a marriage contact, called a ketubah. Besides other things, the ketubah provided
for an amount to be paid by the husband in the event of a divorce or his estate in the event of his
death.
3. Modern Customs
In many countries today, each marriage partner has the choice of keeping his or her
property separate or combining properties. In the latter case, called community property, when
the marriage ends by divorce each owns half. In many legal jurisdictions, laws related to property
and inheritance provide by default for property to pass upon the death of one party in a marriage
firstly to the spouse and secondly to the children. Wills and trusts can make alternative
provisions for property succession.
4. Taxation

In some countries, spouses are allowed to average their incomes; this is advantageous
to a married couple with disparate incomes. To compensate for this, many countries provide a
higher tax bracket for the averaged income of a married couple. While f income averaging might
still benefit a married couple with a stay: at-home spouse, such averaging would cause a married
couple with a roughly equal personal income to pay more total tax than they would as two single
persons. This is commonly called the marriage of penalty.
Termination of Marriage as Practiced in other Countries
In some societies, marriage is extinguished through:
1. Death
2. Many societies also provide for the termination of marriage through divorce.
3. Marriages can also be annulled in some societies, where an authority declares that a
marriage never happened. In either event the people concerned are free to remarry
(or marry).
Note: After divorce, one spouse may have to pay alimony.
Alimony, maintenance or spousal support is an obligation established

by divorce law in many countries that is based on the premise that both spouses have an
absolute obligation to support each other during the marriage (or civil union) unless they are
legally separated. In some instances, the obligation to support may continue after separation or
divorce.
The earliest example of alimony is mentioned in the first recorded code of laws in the
world; the Code of Ur-Nammu. In it, a man who divorced his wife was supposed to pay her a
Mina.
Lesson 2. Marriage under Philippine Law
Executive Order No. 209 (the Family Code of the Philippines, as amended by
Executive Order No. 227) prescribe the following legal provisions concerning marriage.
Marriage (Article 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 to Stipulation, except that marriage settlements may fix the
property relations during the marriage within the limits provided by this Code. (Desiderio,
2006).
Two (2) essential requisites of valid marriage are (Art. 2, FC):

a. Legal capacity of the contracting parties who must be a male and a female; and
b. Consent freely given in the presence of the solemnizing officer.
Three (3) formal requisites of marriage are (Art. 3):

1. Authority of the solemnizing officer;
2. A valid marriage license except in the cases provided for in Chapter 2 of this Title.
Chapter 2 of Family Code Provides Marriages Exempted from License
Requirement
1. Marriages in articulo mortis or at the point of death (Art, 27 FC.);
2. Marriages remote places (Art. 28, FC.);
3. Marriages between Muslims or among members of the ethnic cultural communities (Art. 33,
FC.);
4. Legal ratification of marital cohabitation (Art. 34, FC.).
Legal Requisites for Marital Cohabitation

1. The man and woman must have been living together as husband and wife for at least five (5)
years before marriage.
2. The parties must have no legal impediment to marry each other.
3. The fact of absence of legal impediment between the parties must be present at the time of
marriage, not during their five (5) year cohabitation.
4. The parties must execute an affidavit stating that they ha? lived together for at least five (5)
years; and
5. The solemnizing officer must execute a sworn statement that he had ascertained the
qualifications of the parties and that he found no legal impediment to their marriage.
6. Marriages solemnized outside the Philippines where © marriage license is required by the
country where it we solemnized (Desiderio, 2006).

Note: No. 3 is governed by the Islamic Law on family relations embodied in
P.D. 1083.
3. A marriage ceremony which takes place with:
a. Appearance of the contracting parties before the solemnizing officer;
b. Their personal declaration that they take each other as husband and wife; and
c. In the presence of not less than two (2) witnesses of legal age.
Note: The absence of any of the essential or formal requisites shall render the marriage void
ab initio (Art. 4), except as stated in Article 35 (2) which is read as follows...
“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.”
A defect in any of the essential 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.
No prescribed form or religious rite for the solemnization of the marriage is required. It
shall be necessary, however, for the contracting parties to appear personally before the
solemnizing Officer and declare in the presence of not less than two witnesses of legal age that
they take each other as husband and wife. This declaration shall be contained in the marriage
certificate which Shall be signed by the contracting parties and their witnesses and attested by
the solemnizing officer (Art. 6).
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 (Desiderio,
2006).
Can I use “parental consent” and “parental advice" interchangeably? What

are the differences?
No, “parental consent” and “parental advice” CANNOT be used interchangeably.

Parental consent is required when either or both of the contracting parties are between the
ages of eighteen (18) and twenty-one (21).
Parental advice, on the other hand, is required if either or both of the contracting
parties is/are between the age of twenty-one (21) and twenty-five (25). The “parental consent”
or “parental advice”, as the case may be, is required during the application for a marriage license
(Philippine e-Legal Forum).
What happens if parental consent is required, but not secured of given?

The marriage is voidable, subject to the filing of a petition for annulment. In other words,
the marriage is valid until annulled. There are two limitations:
1. It could be filed only on behalf of the party who is between 18 and 21 at the time of marriage.
2. The petition could no longer be filed after the concerned party reaches 21 and freely cohabited
with the other, ané both lived together as husband and wife. The marriage ® considered
ratified if no petition is timely filed (Philippine e-Legal Forum).
Could the parents give their consent to the marriage of their child who is below 18
years old?
The marriage of a person below 18 years of age ever with the consent of the parents, are
void ab initio (void from the very beginning). Capacity to marry of both parties is an essential
requisite of marriage the absence of which renders the mam null and void (Philippine e-Legal
Forum).
Who are allowed to Solemnize Marriage?
The following are permitted to sanctify marriages:
1. The Chief Justice and Associate Justices of the Supreme Court.
2. The presiding Justice and Justices of the Court of Appeals.
3. Judges of the Courts of First Instance.
4. Mayors of cities and municipalities.
5. Municipal judges and justices of the peace.
6. Any priests, rabbis, imams, or ministers of the gospel of any denomination, church, religion
or sect, duly registered, 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/religious sect (Art. 56, Civil Code);
7. Any ship captain or airplane chief.

A ship captain, airplane pilot or military commander of a unit may solemnize a marriage
the following requisite must concur:
a. The marriage must be in articulo mortis; and
b. It must be solemnized while the ship is at sea or the plane is in flight or during
stopovers at ports of call (Art. 31, FC.).

8. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter,
during a military Operation; and in the case of a commanding officer of an army unit, it is
essential that the following requisites must concur:
a. The marriage must be in articulo mortis.
b. It must be solemnized only in the absence of a chaplain.
c. The military commander must be a commissioned officer; and
d. it must be solemnized in the zone of military operation (Art. 32, FC.)
9. Any consul-general, consul or vice-consul in the case provided in Article 10 of Family code
which provides that…….
“Marriages between Filipino citizens abroad may be solemnized by a consul-general,

consul or vice-consul of the Republic of the Philippines. The issuance of the marriage license
and the duties of the local civil registrar and of the solemnizing officer with regard to the
celebration of marriage shall be performed by said consular official (Desiderio, 2006). “
How is Marriage Solemnize?
The marriage shall be solemnized publicly in the office of the judge in open court or
of the mayor; or in the church, chapel or temple, as the case may be, and not elsewhere, except
in cases of marriages contracted on the point of death or in remote places. When one of the
parents or the guardian of the female or the latter herself if over eighteen years of age request
it in writing, which cases the marriage may be solemnized at a house or place designated by
said parent or guardian of the female or by the latter herself in a sworn statement to that effect
(Art. 57, Civil Code).
Who Confers Marriage License?
A marriage license shall be issued by the local civil registrar of the city or municipality
where either contracting party habitual of resides, except in marriages where no license is
required (Art. 9).
Requisites of Marriage Certificate
The marriage certificate, in which the parties shall declare that they 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 been issued according to law, except in marriage
provided for in Chapter 2 of this Title.
5. That either or both of the contracting parties have secured the parental consent in
appropriate cases.
6. That either or both of the contracting parties have complied with the legal requirement
regarding parental advice in appropriate cases; and
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof
(Art. 22, FC, Desiderio, 2006).
Void and Voidable Marriages (Art. 35, E.O. 209)
The following marriages shall be void from the beginning:
1. Those contracted by any party below eighteen years of age even with the consent of parents
or guardians.
2. 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;
3. Those solemnized without license, except those covered the preceding Chapter.
4. Those bigamous or polygamous marriages not failing under Article 41 which provides
that...
“A marriage contracted by any person during subsistence of a previous marriage shall

be null and void, unless before the celebration of the subsequent marriage, the prior spouse
had been absent for four consecutive years and the spouse present has a well-founded belief
that the absent spouse was already dead. In case of disappearance where there is danger of
death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.”
5. Those contracted through mistake of one contracting party as to the identity of the other.
7. Those subsequent marriages that is void under Article 53 which is read as follows...
“Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent marriage shall
be null and void.”
7. Those marriages contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage, even

if such incapacity becomes manifest only after its solemnization based on Art. 36, FC, as
amended by E.0. 227;
What is psychological incapacity?
Ans.: Psychological incapacity refers to no less than a mental (not physical) incapacity that
causes a party to be truly not cognitive of the basic marital covenants that concomitantly must
be assumed and discharged by the parties to the marriage which, as so expressed by Art. 68 of
the FC, includes their mutual obligations to live together, observe love, respect and fidelity, and
render help and support.
Examples of Psychological Incapacity (Art. 36 of FC)
a. The husband/wife refuses to dwell with and subsequently leaves the husband/wife and
without fault on the part of the latter.
b. The husband/wife leaves the spouse without any justifiable cause.
c. The husband/ wife refuses to have sex with the spouse (Chi Ming Tsoi vs. CA, G.R. No. 119190,
Jan. 16, 1997, 78 SCAD 57);
d. The wife refuses to have children.
e. There is unbearable jealousy on the part of either party, hence, making the common life of the
parties unbearable.
f. Immaturity or where there is lack of rational judgment and responsibility as when the husband
refuses to support the family.
g. The husband or the wife cannot shoulder the heavy responsibility of being a parent;
h. There is consistent lying and paranoid jealousy. Consistent lies and fabrications made by a
spouse sufficiently satisfy the guidelines in the declaration of nullity due to psychological
incapacity.
8. Incestuous marriages, whether the relationship between the parties be legitimate or
illegitimate (Art. 37, FC.); and
9. Those which are declared void because they are contrary to public policy (Art. 38, FC,
Desiderio, 2006).
What is the reason behind the rule that a void marriage must be declared void?
Ans.: The reason behind the rule is to do away with any continuing uncertainty on the status of
the second marriage.
Incestuous and void marriages, whether relationship between the parties be
legitimate or illegitimate:
1. Between ascendants and descendants of any degree; and

2. Between brothers and sisters, whether of the full or half blood (Art. 37, FC).
The following marriages shall be void from the beginning for reasons of public
policy:
1. Between collateral blood relatives whether legitimate or illegitimate, up to the fourth
civil degree;
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and the adopted child;
6. Between the surviving spouse of the adopted child and the adopter.
7. Between an adopted child and a legitimate child of the adopter.
8. Between adopted children of the same adopter; and
9. Between parties where one, with the intention to marry the other, killed that other person’s
spouse, or his or her own spouse (Art. 38, FC).
Note: Under the Family Code, the following can now marry:
1. Brother-in-law and sister-in-law.
2. Stepbrother and stepsister.
3. Guardian and ward.
4. Adopted and illegitimate child of the adopter.
5. Adopted son of the husband, and adopted daughter of the wife; and
6. Parties who have been convicted of adultery or concubinage.
Lesson 3. Annulment of Marriage

Annulment is a legal procedure for declaring a marriage null and void. Unlike
divorce, it is retroactive: an annulled marriage is considered never to have existed.
In strict legal terminology, annulment refers only to making a voidable marriage
null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of
nullity is required to establish this (Desiderio, 2006).

Reasons for Annulment
A reason for annulment is called a diriment impediment to the marriage.
Prohibitory impediments make entering a marriage wrong but do not invalidate the
marriage, such as being betrothed t0 another person at the time of the wedding; diriment
impediments such as being brother and sister or being married to another person at the time of
the wedding, prevent such a marriage from being contracted at all. Such unions are called
putative marriage (Desiderio, 2006).
Diriment Impediments
The following are Diriment Impediments:
1. Consanguinity.
2. Insanity precluding ability to consent.
3. Not intending, when marrying, to remain faithful to the spouse (simulation of consent);
4. One partner had been deceived by the other in order to obtain consent, and if the partner
had been aware of the truth, would not have consented to marry.
5. Abduction of a person, with the intent to compel them to marry (known as raptus),
constitutes an impediment as long as they remain in the kidnapper’s power.
6. Failure to adhere to the requirements of Canon Law for marriage, such as clandestinely.
7. The couple killed the spouse of one of them in order to be free to marry; and
8. The couple committed adultery, and one of the couple killed the spouse of one of them, in
order to be free to marry (Desiderio, 2006).
Six (6) Grounds of Annulment of Marriage
Marriage may be annulled for any of the following causes:
1. That the party in whose behalf it is sought to have the marriage annulled was eighteen years
of age or over 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 the 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 the 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 the 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; or
6. That either party was afflicted with a sexually-transmissible disease found to be serious and
appears to be incurable (Art. 45, FC, Desiderio, 2006).
What is the test that must be applied in order to determine whether or not a person
is physically incapable of consummating the marriage with the other party?
Answer: The test is not the capacity to reproduce, but the capacity to copulate (Sarao vs.
Guevarra, CA, Off. Gaz. 263.) Consequently: physical incapacity as a ground for annulment of
marriage refers to impotency or the inability to perform the sexual act, and not sterility or the
inability to procreate (Menciano vs. San Jose, 89 Phil. 63).
Requisites in order that physical incapacity will serve as a ground for annulment
of marriage:
1. That either party was, at the time of the marriage, physically incapable of consummating the
marriage with other.
2. That such incapacity continues.
3. That it appears to be incurable; and
4. At the time of marriage, it was unknown to the other party (Art. 45 (5), FC).
What is the so-called doctrine of Triennial Cohabitation?
Answer.: As opposed to the general rule in favor of potency, the so-called doctrine of
triennial cohabitation is the doctrine applied in England and by some U.S. courts which declare
the presumption that the husband is impotent should the wife still remain a virgin after living
together with the husband for three (3) years. The husband will have to overcome this
presumption (Tompkins vs. Tompkins, 92 N.J. eg. Atl. 599).
Fraud as a Ground for Marriage Annulment
The following circumstances shall constitute fraud:
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 the marriage, she was pregnant by a
man other than her husband.
3. Concealment of sexually transmissible disease, regardless of its nature, existing at the time
of the marriage; or
4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
existing at the time of the marriage (Art. 46, FC, Desiderio, 2006).
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall
constitute such fraud as will Give grounds for action for the annulment of marriage.
How will the conjugal dwelling and the lot on which it is situated be
adjudicated in case the final judgment of annulment or declaration of nullity of
marriage provide for the partition of the properties of spouses?
Answer: In partition of properties of the spouses, the conjugal dwelling and the lot on
which it is situated shall be:
a. Adjudicated to the spouse with whom the majority of the common children should choose
to remain;
b. Children below 7 years are deemed to have chosen the mother, unless the court decides
otherwise (Art. 102, (6), F.C.); and
c. In case there is no majority of the common children, the court shall decide, taking into
account the best interests of the children (Art. 129, (9), F.C.).
Lesson4. Legal Separation

Legal separation (sometimes “judicial separation”, “separate maintenance”, “divorce a
mensa et thoro” or “divorce from bed-and-board”) is a legal process by which a married couple
may formalize a de facto separation whilst remaining legally married.
A mensa et thoro is a Latin phrase which means “from table and bed.” although it is
often translated as “from bed and beard.” a mensa et thoro is essentially a court-sanctioned
separation, meaning that the spouses may legally live apart, but they are still legally married.
The legitimacy of children in the marriage remains intact, and the spouses may not remarry. This
type of divorce allows the couple to live apart without fear of being taken to court for desertion.
Who and when may petition for legal separation be filed?
Answer: A petition for legal separation may be filed only by the husband and wife, as the
case may be, within five (5) years” from the time of the occurrence of any of the grounds for legal
separation.
Ten (10) Grounds for Legal Separation

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner.
2. Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation.
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; or
10. Abandonment of petitioner by respondent without justifiable cause for more than one
year (Art. 55, FC, Desiderio, 2006).
Denial of petition for legal separation shall be on any of the following grounds:
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 decree of legal separation; or
6. Prescription of action or where the action was not filed within five (5) years from the time
of the occurrence of the cause (Art. 56, FC, Desiderio, 2006).
The decree of legal separation shall have the following effects:
1. The spouses shall be entitled to live separately from each other, but the marriage bonds
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 Article 43(2) of the F.C. which read as...
“The absolute community of property or the conjugal partnership, as the case may be,
shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith,
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, if there are none, the children of the
guilty spouse by a previous marriage or in default of children, the innocent spouse.”
3. The custody of the minor children shall be awarded to the innocent spouse, subject to
the provisions of Article 213 of FC which read as...
“In case of separation of the parents, parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless the parent chosen is unfit.”
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 (Art. 63, FC, Desiderlo, 2006).
Effects of Filing of Petition for Legal Separation are:
1. The spouses are entitled to live separately from each other. She can already have a
residence of her own separate from her husband's residence.
2. The husband has no more rights to have sexual intercourse with his wife and if he forces
himself upon her, he can be charged criminally.
3. The court shall designate the husband or the wife to manage the absolute community or
conjugal partnership property in the absence of an agreement between spouses.
4. The court may designate a third person to administer the properties of the spouses (Art.
61, FC, Desiderio, 2006).
Distinctions of Legal Separation from Annulment of Marriage are:
1. The marriage is not effective in legal separation. The marriage is defective in annulment.

2. In legal separation, the grounds arise only after the marriage, in annulment of marriage,
the grounds must exist at the time of or before the marriage.
3. In legal separation, the spouses are still married to each Other and cannot therefore,
remarry. In annulment of marriage, the spouses can marry again as the marriage is set
aside.
4. In legal separation, there are ten (10) grounds for legaj separation while in annulment
there are only six (6) grounds (Desiderio, 2006).
Note: A pending Bill in congress provides that the grounds for Annulment of Marriage
under the Family Code be used as grounds in divorce, and the grounds in legal
separation be the grounds for annulment of marriage.
Lesson 5. Divorce
Divorce or dissolution of marriage is the final termination of a marriage,

canceling the legal duties and responsibilities of marriage and dissolving the bonds of
matrimony between two persons. In most countries, divorce requires the sanction of a judge
or other authority in a legal process.
The legal process for divorce may also involve issues of spouse support, child custody,
child support, distribution of property and division of debt, though these matters are usually
only ancillary or consequential to the dissolution of the marriage (Leges Juris Associates,
2009-2013).
Types of Divorce
The following are types of Divorce:
1. No-fault Divorce
Under a no-fault divorce system, the dissolution of a marriage does not require an
allegation or proof of fault of either Party. The application can be made by either party or by
both. The same holds true for Canada and Germany.

2. At-fault Divorce
Prior to 1975, countries which permitted divorces also required proof by one party that
the other party had committed an act incompatible to the marriage. This was termed
“grounds” for divorce (popularly called “fault”) and was the only way to terminate a
marriage. Most jurisdictions around the world still require such proof of fault.
3. Summary Divorce
A summary (or simple) divorce, available in some jurisdictions, is used when spouses
meet certain eligibility requirements, or can agree on key issues beforehand.
Key Factors:
a. Short marriage (less than 5 years)

b. No children (in some states, they have resolved custody and set child support
payments)
c. Minimal or no real property (no mortgage)
d. Marital property is under a threshold
e. Each spouse’s personal property is under a threshold (typically the same as marital
property)
4. Uncontested Divorce
It is estimated that upwards of 95% of divorces in the US are “uncontested,” because
the two parties are able to come to an agreement (either with or without
lawyers/mediators/collaborative counsel) about the property, children and support issues.
When the Parties can agree and present the court with a fair and equitable agreement,
approval of the divorce is almost guaranteed. If the two parties cannot come to an
agreement, they may ask the court to decide how to split property and deal with the custody
of their children.
26 WPU-QSF-ACAD-82A Rev. 00 (09.15.20)
5. Collaborative Divorce
Collaborative divorce is becoming a popular method for divorcing couples to come to

agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed
resolution with the assistance of attorneys who are trained in the collaborative divorce
process and in mediation, and often with the assistance of a neutral financial specialist
and/or divorce coaches. The parties are empowered to make their own decisions based on
their own needs and interests, but with complete information and full professional support.
Once the collaborative divorce starts, the lawyers are disqualified from representing the
parties in a contested legal proceeding should the collaborative law process end prematurely.

6. Mediated Divorce
Divorce mediation is an alternative to traditional divorcé litigation. In a divorce mediation

session, a mediator facilitates the discussion between the husband and wife by assisting with
communication and providing information and suggestions t? help resolve differences. At
the end of the mediation process the separating parties have typically developed a tailored
divorcé 4 agreement that can be submitted to the court (Kassulke, 2013).
Grounds for Divorce
There are three principal players involved in your marriage that will also be involved in
your divorce: you, your spouse, and the state. You cannot simply break up, saddle your
charger, and ride off into the sunset. Among other legal considerations, you have to give the
state an acceptable reason why you should be allowed to break. The reason to known as the
ground for your divorce. Over the years each state has enacted legislation that governs
acceptable grounds.
There are different grounds annulment. Some states only have a single ground for divorce
-no- fault or irreconcilable differences. Typical grounds for an absolute divorce are:
❖ adultery.
❖ desertion (constructive and actual);
❖ voluntary separation.
❖ criminal conviction of a felony or misdemeanor.
❖ insanity.
Although any one of these grounds is enough for a limited divorce, a limited divorce will
not completely terminate your marital status. In order to do so you must either seek an
absolute divorce or an annulment (SmartLegalForms, 2004-2013).
Note: Divorce is not practiced in the Philippines

POST TEST:
ACTIVITY 1. WORD GAME
Direction: Fill each blank with letter to produce a word related to marriage.
Write a brief definition for each on the line provided below.
1. M __ N __ __ A __ Y
_____________________________________________________
_____________________________________________________
__________________________________.
2. P_LY_A_Y
_____________________________________________________
_____________________________________________________
__________________________________.
3. _X_GA_ _
_____________________________________________________
_____________________________________________________
_________________________________.
4. D_WR_
_____________________________________________________
_____________________________________________________
__________________________________.
5. __I__R__E
_____________________________________________________
_____________________________________________________
__________________________________.

E. ACTIVITIES/ EXERCISE
I.Multiple Choice: Select the best answer. Write the letter of your answer before each number
that corresponds to the given question. (2 points each)
1. A 69 years old widowed grandfather (lolo) married his 32 years old granddaughter (apo). Under
the legal text of the Family Code of the Philippines their marriage is considered void by reason
of blood relationship between the contracting parties. Thus, because of blood relationship
existing between the grandfather and his granddaughter who happened to become his wife their
marriage is known as __________?
a. Void Marriage c. Incestuous Marriage

b. Invalid Marriage d. Illegitimate Marriage
2. Alimony was mentioned in the first recorded code of law in the world. What was this code?
a. Code of Hammurabi c. Code of Draco
b. Code of Kalantiaw d. Code of Ur- Nammu
3. The chapter 2 of Family Code provides the following marriages exempted from license
requirement, except:
a. Marriages in articulo mortis at the point of death.

b. Marriages in remote places.
c. Marriages between Muslims or among members of the ethnic cultural
communities.
d. Marriage between parties who have already license.
e. Legal ratification of marital cohabitation.
4. It is a document issued, either by a church or state authority, authorizing a couple to marry.

This refers to _________.

a. Marriage Contract c. Marriage Permit
b. Marriage License d. Marriage Agreement
5. The following are allowed to solemnize marriage under Art. 7 of E.O 209, except:
a. Any ship captain or airplane chief in case of articulo mortis.

b. Any incumbent member of the judiciary within the court’s jurisdiction.
c. Any military personnel during war times especially at the verge of death of any military
member.
d. Any consul-general, consul or vice-consul in case of marriage abroad by Filipinos.
e. Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by
his church or religious sect duly authorized by his church or religious sect.
6. Which of the following is authorized to solemnize?
a. Military colonel c. Chaplain

b. Military Commander d. Any military member
7. It is a Latin phrase which means “from table and bed”, although it is often translated as “from
bed and board”. This Latin phrase is known as __________.
a. Mensa et thoro c. Mesa de gallo

b. Mere de gloto d. Mesa de kama
8. A petition for legal separation may be filed only by the _______ and ____________.
a. Father and Mother of both parties

b. Boy and Girl
c. Son and Daughter of both parties
d. Husband and Wife
9. In marriage, repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner and physical violence or moral
pressure to compel the petitioner to change religious or political affiliation is a ground for
dissolution or separation of husband and wife. To be specific, the aforementioned violence is
applicable for the filing of?
a. Annulment of Marriage c. Divorce

b. Legal Separation d. Child adoption

10. One of the effects of filing a petition for legal separation is that the husband has no more
rights to have __________ with his wife and if he forces himself upon her, he can be
changed criminally.
a. Sexual Intercourse c. Talk with their children

b. Lunch Break d. Communication
III. Essay: Explain and elaborate the given questions below to the best of your
comprehension. Use separate sheet of paper for your answer.
1. Discuss the rationale of te law why brothers and sisters, whether full or half blood,
cannot marry each other.
2. Ramon and Rambo love each other,decided to live together as husband and wife.
However, they cannot enter into marriage due to the fact that Rambo is a gay. What
is your personal stand or opinion about the situation of Ramon and Rambo?

REFERENCES:
BOOKS
ALVIOLA, ARMANDO et.al. (2012)” Juvenile Delinquency”. Wiseman’s Book Trading Inc.
ASALAN, JARANILLA GAY L. et.al. (2012). “Understanding Juvenile Delinquency and
Juvenile Justice”. Hunt Publishing Center.
CHAVEZ, CARMELITA B. et.al. (2020)” Juvenile Delinquency and Juvenile Justice
System”. Mind shaper Publishing House.
EDUARDO, JESTER P. et.al. (2016).” Juvenile Delinquency and Crime Prevention”.
Wiseman’s Book Trading Inc.

RUBRIC SCORING FOR LABORATORY ACTIVITY
(PANDEMIC)
CRITERIA 5 3 1
1. Ability to Clear, concise With missing Confusing, some

explain and answers the ideas, but answers are
answer questions answered the incorrect.
question correctly. questions
correctly.
All materials and Most of the Many materials
set-up used in materials and set- are described
experiments are up used in the inaccurately are
clearly and experiment are not described at
2. Materials accurately accurately all.
described. described.
Drawings and Drawings and
pictures included pictures included
as appropriate. are not
appropriate at all.
Data were Data were Some points are
gathered and gathered and lacking.
presented presented Incomplete
3. Presentation properly. Content properly. Content
of output is comprehensive is informative but
and informative. not
comprehensively
given.
Conclusion Conclusion No conclusion was
includes whether includes what was included in the
the findings learned from the activity or shows
4. Conclusion supported the experiment. little effort and
hypothesis, reflection.
possible sources of
error, and what
was learned from
the experiment.

Congratulations for completing this module!
Privacy Notice for Module
For this Module, we collect your name, program, year and section, contact number, email
address, Facebook and messenger account when you submit your printed module for purposes
of coordination and communication.
All personal information collected will be stored in a secure location and only authorized staff
will have access to them.
Student’s Information
Name: _______________________________________________
Program: _____________________________________________
Year and Section: ________________________________________
Contact No.: ___________________________________________
E-mail address: _________________________________________
Facebook Account: _______________________________________
Messenger Account: ______________________________________

35 WPU-QSF-ACAD-82A Rev. 00 (09.15.20)
Vision 2020
WPU: the leading knowledge center for sustainable
Vision 2020
development of West Philippines and beyond.
Mission
WPU: the leading knowledge center for sustainable
WPU commits to develop quality human resource and green
development
technologies for a of West Philippines
dynamic economy andandsustainable
beyond.
development through relevant instruction,

research and extension services.

Core Values (3CT)
Culture of Excellence
Commitment
Creativity
Teamwork

Module 2 Revised

Uploaded by

Copyright:

Available Formats

Module 2 Revised

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Module 2 Revised

Uploaded by

Copyright:

Available Formats

VJ

A Strong Partner for Sustainable Development

JUVENILE DELINQUENCY AND JUVENILE

College of Criminal Justice Education

Marriage and Dissolution of Marriage

2nd Semester 2021-2022

This module would provide you an educational experience while independently

Reminders in using this module:

1. Keep this material neat and intact.

Hi! I’m Blue Bee, your WPU Mascot.

STAY SAFE AND HEALTHY!

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

CHAPTER 2: MARRIAGE AND DISSOLUTION OF MARRIAGE

This chapter introduces the fundamental concepts of marriage, marriage under

1. What do you know about Marriage?

CHAPTER 2: Marriage and Dissolution of Marriage

Marriage is a special contract of

According to Confucius, “Marriage is the union of two different surnames, in friendship

What motivates someone to marry?

Residences after Marriage

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

A marriage license is a document issued, either by a church or state

A Marriage Certificate is a document that shows social union or a legal contract

What is Common-Law Marriage?

What is Same-sex Marriage?

• Argentina France South Africa

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

1. Dowry. A dowry is a transfer of parental property, gifts, property or money

Note: After divorce, one spouse may have to pay alimony.

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Lesson 2: Marriage under the Philippine Law

Marriage (Article 1,FC) is a special contract of permanent union between a man

Two Essential Requisites of Valid Marriage

Parental Consent and Parental Advice

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

A marriage license is a document issued, either by a church or state authority, authorizing

What is Common-law Marriage ?

Common-law marriage is also known as sui iuris marriage, de facto marriage,

It is a term used to describe a legally or socially recognized marriage between two

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

2. Bride Price and Dower

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Termination of Marriage as Practiced in other Countries

In some societies, marriage is extinguished through:

Note: After divorce, one spouse may have to pay alimony.

Alimony, maintenance or spousal support is an obligation established

Lesson 2. Marriage under Philippine Law

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Two (2) essential requisites of valid marriage are (Art. 2, FC):

Three (3) formal requisites of marriage are (Art. 3):

Legal Requisites for Marital Cohabitation

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

3. A marriage ceremony which takes place with:

a. Appearance of the contracting parties before the solemnizing officer;

Can I use “parental consent” and “parental advice" interchangeably? What

No, “parental consent” and “parental advice” CANNOT be used interchangeably.

What happens if parental consent is required, but not secured of given?