1. When did the Family Code take effect? August 3, 1988 2.

What are the provisions of the 1987 Philippine Constitution were implemented by the Family Code? Article 11. Section 12 Article 15, Sections 1-4 3. What is the difference between marriage and an ordinary contract? Marriage Both a contract and a social institution Generally, stipulations are fixed by law not by the parties (exception: marriage settlement provisions) Can be dissolved only by death or annulment, not by mutual agreement Ordinary Contract Merely a contract Stipulations are generally fixed by the parties

2. Consent Freely Given Formal Requisites (AVC) 1. Authority of Solemnizing Officer 2. Valid marriage license 3. Marriage Ceremony 6. May a marriage between two (2) persons of the same sex both with parental consent be allowed? No because only marriage between male and female is allowed. The law provides that the contracting parties must be male and female, thus making this marriage non-compliant to the provision of Article 2 paragraph 2 of the family code. 7. Suppose a marriage license was secured without expiration of ten (10), is the marriage under that license valid? Yes. (art 17)

Can be ended by mutual agreement and by other legal causes

8. Is marriage ceremony being a formal requisite dispensable? It is indispensable; however the Family Code does not generally prescribe any particular form of marriage ceremony. 9. What is the effect of a marriage of a boy and a girl under 18 years of age where there is consent of both parents? No because the requirement of legal capacity is an essential requirement which goes into the validity of the marriage. The consent cannot cure the void marriage. 10. A man pretended to be dying on the basis of which they were married, him without a marriage license, is the marriage valid? No because of the absence of a valid marriage license. However, if the man is catually dying or in articulo mortis, marriage is valid as considered as marriage in exceptional characters. 11. The judge of Sta. Barbara solemnized a marriage in the

4. Can the parties agree that their marriage shall take effect only one (1) year after the celebration thereof? No, because it is contrary to law and public policy. Marriage settlement is a contract and the law provides. Contracting parties can engage in such things provided that it is not contrary to law and public policy. 5. What are marriage? the requisites of

Essential Requisites (LC) 1. Legal capacity a. >=18 years old not under impediments in Art 37 (incestuous marriage) & Art 38 (marriage against public policy), may contract marriage. b. Male and Female

ecunumical garden at Tondaligan, is the marriage valid? As a rule, no, because he had no authority to solemnize the marriage outside his territorial jurisdiction. There is absence of formal requisite namely the authority of the solemnizing officer. 12. Suppose a judge solemnized the marriage in the house of a girl without a prior request in writing, is the marriage valid? Yes. While it is true the law requires that the parties should request the solemnizing officer in writing, in order that the ceremony be made elsewhere, other than the chamber of the judge, it is equally true that failure to make the request would not go into the validity of the marriage. It is only an irregularity of a formal requisite. Or Yes, the validity of the marriage is not affected by the Judges noncompliance with Article 8, due to the absence of the written request of the contracting parties. Violation of the provision will subject the solemnizer to criminal and administrative sanctions. (art 8) 13. Two (2) foreigners were married before the Consul General of the Philippines in LA, California. Is the marriage valid? General rule is, Consul General is only authorized to marry Filipino citizens, however exceptions are still provided: if the authority of the Consul General is in accordance to the provisions of LA, California, then citizenship is immaterial. 14. Suppose the law of LA, California allows the Consul of a foreign country to solemnize marriage, do you maintain the same answer? VALID. 15. A and B both residence of Dagupan City obtained their license in Baguio City. They were

married on the basis of such license, is the marriage valid? A license issued in a place different from the habitual residence of the contracting parties does not invalidate the marriage. However, if the application for license was made in bad faith in the improper civil registry the parties can be liable for violation of Art. 350 of the RPC. If the registrar is also at fault, he can be charged criminally and administratively. (Art.9) 16. The Local Registrar refused to issue the marriage license when informed that the groom is previously married, can he refuse? No but rather he shall note down the particulars thereof and shall issue the license after completion of the period of publication unless otherwise ordered by a competent court. (art 18) 17. Suppose the contracting parties are previously married, are they required to exhibit the consent of parents? If they have been emancipated by a previous marriage, the parties are not required to exhibit the consent of parents anymore. (art14) 18. A and B obtain a marriage license in Zamboanga City but because of the Muslim rebellion, they went to Dagupan City to live and with use of the license they were married, is the marriage valid? Yes the ML is valid for 300 days and valid in any part of the Philippines. 19. Suppose an American citizen wishes to set marriage in the Philippines but he is only 17 years old, can he possible married in the Philippines? Yes. If the law in his country allows him to marry and as long as he obtains certificate of legal capacity to contract marriage, issued by his respective

diplomatic or consular officials. Age restriction is only applicable in the Philippines. (ART 21) 20. May there be marriage in the absence of certificate of marriage? Yes. Although the marriage contract is considered primary evidence of marriage, failure to present is not proof that no marriage took place. Other evidence such as testimonies of witness may be presented to prove such marriage. (art. 22) 21. A married B by proxy. Is that marriage valid in the Philippines? I distinguish. If the marriage by proxy is celebrated in the Philippines, it is void because of non-compliance with formal but essential requisite of a marriage as prescribed in Art. 6 of the FC. However, if the marriage by proxy is celebrate abroad, Article 26 of the FC is applicable, in accordance to the principle of Lex Loci Celebraciones rendering the marriage, valid. 22. A and B were both Filipinos. B obtained a divorce against A which authorized her to marry, can A validly marry in the Philippines? If it is presumed that if one of them became a naturalized citizen in an alien country where divorce is legal and obtained a valid divorce which capacitated the Filipino spouse to remarry, the subsequent marriage of the Filipino spouse is valid. (art26)