IMMEDIATE PREPARATIONS FOR MARRIAGE

Marriage as a state of life

• The Revised Code of Canon Law (1983)
• The Family Code of the Philippines (1987)
Codex Iuris Canonici
The codified canonical legislation of the Roman
Catholic Church
promulgated by John Paul II on January 25, 1983
Replaced the 1917 Code of Canon of Benedict XV

1983 NEW CODE OF CANON

Executive Order No. 209
enacted by Late President Corazon C. Aquino on
July 6, 1987
amended February, 23, 1998 under the presidency
of Former President Joseph Estrada - E.O. No. 227
and R.A. No. 9225
1987 FAMILY CODE OF THE
PHILIPPINES
 Definition of Marriage
1983 New Code of Canon
Marriage is a covenant
which establishes a man
and a woman in a
partnership for their whole
life. It promotes the
dignity of each other and
the procreation and
education of their
children.
1987 Family Code of the Phil.
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.
 The Family Code of
the Philippines (1987)

Definition of Marriage according to the Civil Law

The Family Code of the Philippines (1987)
The Family Code of 1987, which was intended to supplant
Book I of the Civil Code concerning persons and family
relations.
covers fields of significant public interest, especially the
law on marriage. The definition and requisites for
marriage, as well as the grounds for its annulment, are
found in the Family Code.
the law on conjugal property relations, the rules on
establishing filiation, and the governing provisions
on support, parental authority, and adoption.
I. Marriage, Family & the Philippine Constitution

Marriage is:
✓ foundation of the family
✓ basis of society
 SEMPER PRAESUMITUR PRO MATRIMONIO

(The presumption is always in favor of the validity of marriage)

FYI: MOTU PROPRIO (of one's own accord or will) OF POPE FRANCIS

Mitis Iudex Dominus Iesus (Clement (Forgiving) Judge

Lord Jesus), on the reform of canonical procedure for the
annulment of marriage in the Code of Canon Law (15 August 2015)

Mitis et misericors Iesus (Forgiving and merciful Jesus).on

the reform of canonical procedure for the annulment of marriage in
the Code of Canons of the Oriental Churches (15 August 2015)
I. Marriage, Family & the Phil Constitution

Constitutional Policy

protection of the family as a basic

social institution
I. Marriage, Family & the Phil Constitution

Article II, Sec. 12 of the 1987

Constitution:

SECTION 12. The State recognizes the

sanctity of family life and shall protect
and strengthen the family as a basic
autonomous social institution.
I. Marriage, Family & the Phil Constitution
Article XV, Sec. 1 of the
1987 Constitution
SECTION 1. The State recognizes the
Filipino family as the foundation of the
nation. Accordingly, it shall strengthen
its solidarity and actively promote its
total development.
 Importance of the family to the State

1. A basic social institution:

although the individual is obviously the
primary cell in the body politic, as he is in all
other human organizations, it is the family
which provides the basic unit of the State.
 Importance of the family to the State

2. The community’s first socializing agency:

The family is, in fact, the community’s first socializing
agency and the source of its strength and stability.
Ex. HB 37 (Anti-Divorce and Unlawful
Dissolution of Marriage Act of 2013)
Introduced by Cong. Macelino R. Teodoro
I. Marriage, Family & the Phil Constitution
Article XV, Sec. 2 of the
1987 Constitution:

SECTION 2. Marriage, as an inviolable

social institution, is the foundation of the
family and shall be protected by the
State.
Article XV, Sec. 2 of the 1987 Constitution:
Marriage
- It may refer to the ceremony or act by which a man
and woman become husband and wife or to the state
of being married.
- Marriage is both a contract and a status.
Two Aspects of Marriage:
1. As a contract (a special contract)
Only man and woman
Permanent
Rights and duties of parties are fixed by the law and not
subject to stipulation
Breach of the marital contract does not give rise to an
action for damages.
Marriage is a very special contract in that:
The parties must be male and female. Actually , the
Supreme Court has already stated that in a marriage
contract, there are, in fact, 3 parties: the man, the
woman and the State, considering that the State
provides for the duties, privileges and restrictions
which are deemed written into every marriage
contract.
State

Man Woman
Marriage is a very special contract in that:
Unlike ordinary contracts which may be terminated or
rescinded (cancelled) by the parties upon mutual agreement,
the marital bonds can only be severed by death, or upon a
court declaration of nullity or annulment;
Two Aspects of Marriage:
2. As a status
No longer just a contract but an inviolable social
institution – foundation of the family
Nature, consequences and incidents are governed by
law and not subject to stipulation
Carries : (1) realm of personal rights and obligations of
spouses. (2) realm of property relations.
 IS MARRIAGE STILL RELEVANT TODAY?
WILL YOU ADVICE A TEENAGE COUPLE TO GET
MARRIED JUST BECAUSE THE GIRL GOT PREGNANT?