ART 15. Laws relating transmission o f rights from one to the other.

Persons authorized to solemnize marriage

a) to family rights and duties, or ART 7. Marriage may be solemnized by:
b) to the status, condition and legal capacity of persons Family Code of the Philippines 1) Any incumbent member of the judiciary within the
are binding upon citizens of the Philippines, even though living C. MARRIAGE court's jurisdiction;
abroad. ART 1. Marriage is a special contract of permanent union 2) Any priest, rabbi, imam, or minister of any church
between a man and a woman entered into in accordance with or religious sect duly authorized by his church or
Under the doctrine of processual presumption, if the foreign law for the establishment of conjugal and family life. It is the religious sect and registered with the civil registrar
law involved is not properly pleaded and proved, our courts will foundation of the family and an inviolable social institution general xxx;
presume that the foreign law is the same as our local or domestic or whose nature, consequences, and incidents are governed by 3) Any ship captain or airplane chief only in the case
internal law. law and not subject to stipulation, except that marriage mentioned in Article 31;
settlements may fix the property relations during the 4) Any military commander of a unit to which a
ART 16. Real property as well as personal property is subject to marriage within the limits provided by this Code. chaplain is assigned, in the absence of the latter,
the law of the country where it is situated. during a military operation, likewise only in the cases
1. Requisites mentioned in Article 32;
ART 17. The forms and solemnities of contracts, wills, and Essential Requisites 5) Any consul-general, consul or vice-consul in the case
other public instruments shall be governed by the laws of provided in Article 10.
ART 2. No marriage shall be valid, unless these essential
the country in which they are executed.
requisites are present:
Marriage License — W here issued
ART 19. Every person must, in the exercise of his rights and in 1) ⭐Legal capacity of the contracting parties who
must be a male and a female; and ART 9. A marriage license shall be issued by the local civil
the performance of his duties, registrar of the city or municipality where either contracting
a) act with justice, 2) Consent freely given in the presence of the
solemnizing officer. party habitually resides, except in marriages where no license
b) give everyone his due, and is required xxxx.
c) observe honesty and good faith. Formal Requisites
ART 3. The formal requisites of marriage are: 2. Marriages Celebrated Abroad
ART 20. Every person who, contrary to law, wilfully or 1) ⭐A uthority of the s olemnizing officer; ART 26. All marriages solemnized outside the Philippines, in
negligently causes damage to another, shall indemnify the latter 2) ⭐A valid marriage license except in the cases accordance with the laws in force in the country where they
for the same. provided for in Chapter 2 of this Title; and were solemnized, and valid there as such, shall also be valid in
3) A marriage ceremony which takes place with the this country, except those prohibited under Articles 35 (1), (4),
ART 40. Birth determines personality; but the conceived child appearance of the contracting parties before the (5) and (6), 36, 37 and 38.
shall be considered born for all purposes that are favorable to solemnizing officer and their personal declaration that Where a marriage between a Filipino citizen and a foreigner is
it, provided it be born later with the conditions specified in the they take each other as husband and wife in the validly celebrated and a divorce is thereafter validly obtained
following article. presence of not less than two witnesses of legal age. abroad by the alien spouse capacitating him or her to remarry,
⭐ A bsence makes the marriage V OID. the Filipino spouse shall have capacity to remarry under
ART 41. For civil purposes, the foetus is considered born if it is
alive at the time it is completely delivered from the mother's Philippine law. (A s amended by Executive Order 227)
Absence of any essential requisite – Void
womb. ART 4. The absence of any of the essential or formal ⭐R epublic v. Manalo 2 018 En Banc
However, if the foetus had an intrauterine life of less than
requisites shall render the marriage void ab initio, except as
seven months, it is not deemed born if it dies within Divorce, the legal dissolution of a lawful union for a cause arising
stated in Article 35 (2).
twenty-four hours after its complete delivery from the maternal after marriage, are of two types:
womb. Defect in any of essential requisites — Voidable (Art. 45 FC) 1) absolute divorce or a vinculo matrimonii, which
xxxx terminates the marriage, and
ART 43. If there is a doubt, as between two or more persons A defect in any of the essential requisites shall not affect the 2) limited divorce or a mensa et thoro, which suspends it and
who are called to succeed each other, as to which of them died validity of the marriage but the party or parties responsible leaves the bond in full force.
first, whoever alleges the death of one prior to the other, shall for the irregularity shall be civilly, criminally and In this jurisdiction, the following rules exist:
prove the same; in the absence of proof, it is presumed that administratively liable. 1. Philippine law does not provide for absolute divorce; hence,
they died at the same time and there shall be no our courts cannot grant it.
2. Consistent with Articles 15 and 17 of the New Civil Code, the 5) Those contracted through mistake of one contracting 4. Such incapacity must also be shown to be medically or
marital bond between two Filipinos cannot be dissolved party as to the i dentity of the other; and clinically permanent or incurable. Furthermore, such
even by an absolute divorce obtained abroad. 6) Those subsequent marriages that are void under incapacity must be relevant to the assumption of
3. An absolute divorce obtained abroad by a couple, who are Article 53. marriage obligations, not necessarily to those not related
both aliens, may be recognized in the Philippines, provided 2) Psychological Incapacity to marriage.
it is consistent with their respective national laws. ART 36. A marriage contracted by any party who, at the time of 5. Such illness must be grave enough to bring about the
4. In mixed marriages involving a Filipino and a foreigner, the the celebration, was psychologically incapacitated to comply disability of the party to assume the essential obligations of
former is allowed to contract a subsequent marriage in case with the essential marital obligations of marriage, shall marriage.
the absolute divorce is validly obtained abroad by the alien likewise be void even if such incapacity becomes manifest 6. The essential marital obligations must be those embraced
spouse capacitating him or her to remarry. only after its solemnization. by Articles 68 up to 71 of the Family Code as regards the
Paragraph 2 of Article 26 speaks of "a divorce x x x validly Meaning husband and wife as well as Articles 220, 221 and 225 of the
obtained abroad by the alien spouse capacitating him or her to " Psychological incapacity " should refer to no less than a mental same Code in regard to parents and their children.
remarry. " Based on a clear and plain reading of the provision, it (not physical) incapacity that causes a party to be truly incognitive 7. Interpretations given by the National Appellate Matrimonial
only of the basic marital covenants that concomitantly must be assumed Tribunal of the Catholic Church in the Philippines, while not
requires that there be a divorce validly obtained abroad. The and discharged by the parties to the marriage which, as so controlling or decisive, should be given great respect by our
letter of the law does not demand that the alien spouse should be expressed by Article 68 of the Family Code, include their mutual courts.
the one who initiated the proceeding wherein the divorce decree obligations to live together, observe love, respect and fidelity and 8. The trial court must order the prosecuting attorney or fiscal
was granted. It does not distinguish whether the Filipino spouse is render help and support. and the Solicitor General to appear as counsel for the state.
the petitioner or the respondent in the foreign divorce proceeding. Requisites The subsequent judicial declaration of nullity of marriage on
The Court is bound by the words of the statute; neither can We put Psychological incapacity must be characterized by the ground of psychological incapacity does not retroact to the
words in the mouths of the lawmakers. a) Gravity, the incapacity must be grave or serious such that date of the celebration of the marriage insofar as the Philippines’
Pursuant to Manalo, foreign divorce decrees obtained to nullify the party would be incapable of carrying out the ordinary penal laws are concerned. As such, an individual who contracts a
marriages between a Filipino and an alien citizen may already be duties required in marriage; second or subsequent marriage during the subsistence of a valid
recognized in this jurisdiction, regardless of who between the b) Juridical antecedence, it must be rooted in the history of marriage is criminally liable for bigamy, notwithstanding the
spouses initiated the divorce; provided, of course, that the party the party antedating the marriage, although the overt subsequent declaration that the second marriage is void ab initio
petitioning for the recognition of such foreign divorce decree – manifestations may emerge only after the marriage; and on the ground of psychological incapacity.
presumably the Filipino citizen – must prove the divorce as a fact c) Incurability, it must be incurable or, even if it were
and demonstrate its conformity to the foreign law allowing it. otherwise, the cure would be beyond the means of the party 7) Judicial Declaration of Presumptive Death
involved. (S antos v. CA) ART 41. A marriage contracted by any person during
4. Void Marriages
subsistence of a previous marriage shall be null and void,
1) Marriages that are Void a b i nitio Republic v. Molina unless before the celebration of the subsequent marriage, the
ART 35. The following marriages shall be void from the prior spouse had been absent for four consecutive years
beginning: The following guidelines in the interpretation and application of
Art. and the spouse present has a well-founded belief that the
1) Those contracted by any party below eighteen absent spouse was already dead. In case of disappearance
36 of the Family Code are hereby handed down for the guidance of
years of age even with the consent of parents or where there is danger of death under the circumstances set
the
guardians; forth in the provisions of Article 391 of the Civil Code, an
bench and the bar:
2) Those solemnized by any person not legally absence of only two years shall be sufficient.
1. The burden of proof to show the nullity of the marriage
authorized to perform marriages unless such For the purpose of contracting the subsequent marriage under
belongs to the plaintiff.
marriages were contracted with either or both parties the preceding paragraph the spouse present must institute a
2. The root cause of the psychological incapacity must be
believing in good faith that the solemnizing officer summary proceeding as provided in this Code for the
(a) medically or clinically identified,
had the legal authority to do so; declaration of presumptive death of the absentee,
(b) alleged in the complaint,
3) Those solemnized without license, except those without prejudice to the effect of reappearance of the absent
(c) sufficiently proven by experts and
covered the preceding Chapter; spouse.
(d) clearly explained in the decision.
4) Those bigamous or polygamous marriages not
3. The incapacity must be proven to be existing at “the time of
failing under Article 41;
the celebration” of the marriage. 5. Voidable Marriages
1) Grounds for Annulment of Marriage not apply to cases governed under Articles 147 and 148 of the 8) Sexual i nfidelity or perversion;
ART 45. A marriage may be annulled for any of the following Family 9) Attempt by the respondent against the life of the
causes, existing at the time of the marriage: Code. petitioner; or
Simply It is clear from Article 50 of the Family Code that Section 19(1) of 10) Abandonment of petitioner by respondent without
1. Lack of Parental Consent; the justifiable cause for m ore than one year.
2. Unsoundness of mind; Rule applies only to marriages which are declared void ab initio or
3. Consent obtained by Fraud; annulled by final judgment under Articles 40 and 45 of the Family
4. Consent obtained by force, intimidation, or undue Code. In short, Article 50 of the Family Code does not apply to
influence; marriages which are declared void ab initio under Article 36 of
5. Physical incapacity of consummating the marriage; the Family Code, which should be declared void without waiting for
6. Afflicted with STD that is serious and incurable. the liquidation of the properties of the parties.
2) Prescriptive period for Annulment of Marriage In this case, petitioner's marriage to respondent was declared void
ART 47. The action for annulment of marriage must be filed by under Article 36. Thus, what governs the liquidation of properties
the following persons and within the periods indicated herein: owned in common by petitioner and respondent are the rules on
1) For causes mentioned in number 1 of Article 45 by the co-ownership.
party whose parent or guardian did not give his or her Under Article 496 of the Civil Code, "partition may be made by
consent, within 5 years after attaining the age of agreement between the parties or by judicial proceedings. x x x." It
twenty-one, or by the parent or guardian or person is
having legal charge of the minor, at any time before NOT necessary to liquidate the properties of the spouses in the
such party has reached the age of twenty-one; same proceeding for declaration of nullity of marriage.
2) For causes mentioned in number 2 of Article 45, by
the same spouse, who had no knowledge of the other's D. LEGAL SEPARATION
insanity; or by any relative or guardian or person A.M. No. 02-11-11, Rule on Legal Separation
having legal charge of the insane, at any time before A.M. No. 02-11-12, Rule on Provisional Orders
the death of either party, or by the insane spouse 1. Grounds
during a lucid interval or after regaining sanity; ART 55. A petition for legal separation may be filed on any of
3) For causes mentioned in number 3 of Articles 45, by the following grounds:
the injured party, within 5 years after the discovery 1) Repeated physical violence or grossly abusive
of the fraud; conduct directed against the petitioner, a common
4) For causes mentioned in number 4 of Article 45, by child, or a child of the petitioner;
the injured party, within 5 years from the time the 2) Physical violence or moral pressure to compel the
force, intimidation or undue influence disappeared or petitioner to change religious or political a ffiliation ;
ceased; 3) Attempt of respondent to corrupt or induce the
5) For causes mentioned in number 5 and 6 of Article 45, petitioner, a common child, or a child of the
by the injured party, within 5 years after the petitioner, to engage in prostitution, or connivance
marriage. in such corruption or inducement;
4) Final judgment sentencing the respondent to
Diño v. Diño 2011 imprisonment of more than six years, even if
Whether the trial court erred when it ordered that a decree of pardoned;
absolute nullity of marriage shall only be issued after liquidation, 5) Drug addiction or habitual alcoholism of the
partition, and distribution of the parties' properties under Article respondent;
147 of the Family Code. 6) Lesbianism or homosexuality o f the respondent;
YES . The ruling has no basis because Section 19(1) of the Rule 7) Contracting by the respondent of a subsequent
does bigamous marriage, whether in the Philippines or
abroad;