Family Law

1. Define marriage (Article 1).

2. Purpose of marriage (Article 1)

3. Essential requisites of marriage (Article 2)a. Lb. C

4. Formal requisites of marriage (Article 3)a. Ab. Vc. M C

5. Effect of absence of any essential or formal requisites (Article 4)

6. How many witnesses shall be present in the solemnization of the marriage? (Article 6)

7. In case of marriage in articulo mortis and the other party can no longer sign the marriage certificate, who shall sign said certificate in the behalf of the disabled party? (Article 6)

8. Who can solemnize marriage? (Article 7)a. I M Jb. P R I Mc. S C or A Cd. M Ce. C -g C or V -cf. M

9. Places where marriage can be solemnized (Article 8)a.b. c. d. e.

10. Who issues a marriage license? (Article 9)

11. Where shall it be issued? (Article 9)

12. Who solemnizes marriage between Filipinos abroad? (Article 10)

13. Duties of a consular official (Article 10)a.

b.

14. Contents of a marriage license (Article 11)a. b. c. d. e. f. g. h. i. j.

15. True or False. The applicants, their parents or guardians shall be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license. (Article 11)

16. The local civil registrar, upon receiving the application for a marriage license, shall require the presentation of the ___________or in default thereof, _________. (Article 12)

17. True or False. The certificates stated above needs to be sworn to and shall be exempt from the documentary tax stamp. (Article 12)

18. True or False. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. (Article 12)

19. Other documents to be presented before the local civil registrar if the documents already enumerated were destroyed or loss. (Article 12)

a. R Cb. I

20. Instance when there is no need for the presentation of birth or baptismal certificate (aside from being destroyed or loss) (Article 12)

a.b.

21. In case either of the contracting parties has been previously married, the applicant shall

be required to furnish instead of a birth or baptismal certificate, the (Article 13):a. D Cb. J D or

J D orD

22. What shall the applicant furnish in case the death certificate cannot be secured? (Article 13)

23. In addition to the formal and essential requisites of marriage, what other requirement shall be exhibited to the local civil registrar in applying for a marriage license if either or both of the contracting parties are 18-21 years old? (Article 14)

24. 21-25 years old? (Article 15)

25. If the parties failed to obtain such advice, or if it be unfavorable, the marriage license shall not be issued until when? (Article 15)

26. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, attach a _________________________________________? (Article 16)

27. For how many days shall the local civil registrar post a notice for marriage license of the parties? (Article 17)

28. Where shall it be posted? (Article 17)

29. When shall the marriage license be issued? (Article 17)

30. What shall the local civil registrar do after finding that an impediment exists between the parties who applied for a marriage license? (Article 18)

31. True or False. The local civil registrar, after finding out that an impediment exists, shall still issue said license before the completion of the period of the publication, unless ordered otherwise by a competent court at his own instance or that of any interest party. (Article 18)

32. Indigent parties shall still pay the required payment prescribed by law. (Article 19)

33. Is the license valid only to the place where it was issued? (Article 20)

34. For how many days shall it remain valid? (Article 20)

35. What shall be submitted by the parties if either or both of them are citizens of a foreign country and want to obtain a marriage license in the Philippines? (Article 21)

36. How about for stateless persons or refugees from other countries? (Article 21)a. C L Cb. A

37. What shall a marriage certificate state? (Contents of a marriage certificate Article 22)a. b. c. d.

e. f. g.

38. Whose duty is it to furnish either of the contracting parties the original of the marriage certificate and send the duplicate and triplicate copies of the certificate not later than 15 days after the marriage to the local civil registrar of the place where the marriage is solemnized? (Article 23)

39. True or False. It shall be the duty of the solemnizing officer to prepare the documents stated within Title I of the Family Code, and to administer oaths to all interested parties without any charge in both cases. (Article 24)

40. True or False. All marriages solemnized outside the Philippines, in accordance 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… (Article 26)

41. Ana is a Filipina, and John is an American citizen. They were married in USA. After several years, a divorce is validly obtained by John. Is Ana, a Filipino citizen, still allowed to remarry under the Philippine laws even if divorce is not allowed in the Philippines? Why? (Article 26)

42. Mary and Sam were already engaged, but Sam was diagnosed of leukemia and was already weak at that time. They decided to get married despite of Sam’s condition and immediately approved by their family. The marriage was solemnized in the hospital room by their uncle, a judge. After a few years, Sam was cured and living a healthy life. Since the wedding was not planned and was solemnized in the case of articulo mortis, they did not have a marriage license. Is the marriage still valid even if there is no marriage license and the other party did not actually die? (Article 27)

43. Marriages exempted from marriage license (Articles 27, 28, 31, 32, 33, 34)a. b. c. d. e. f.

44. Void marriages (Articles 35 to 38)

a. b. c.

d. e. f. g. h. i.

45. Define psychological incapacity. (Article 36)

46. Incestuous marriage (Article 37)a. b.

47. Void marriage for reasons of public policy (Article 38)

a. b. c. d. e. f. g. h. i.

48. True or False. The action or defense for the declaration of absolute nullity of a marriage

shall prescribe. (Article 39)

49. True or False. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (Article 40)

50. The number of years required that the prior spouse had been absent for the present spouse to have a well-founded belief that the former was already dead. (Article 41)

51. In case of disappearance where there is danger of death, how many years shall the prior spouse be absent to be assumed dead? (Article 41)

52. What shall the present spouse institute for the purpose of contracting a subsequent marriage? (Article 42)

53. If the absent spouse reappeared, what should be recorded in the civil registry of the residence of the parties of subsequent marriage? (Article 42)

54. Effects of the termination of the subsequent marriage (Article 43)

a. b. c. d. e.

55. True or False. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void. (Article 44)

56. Voidable marriage (Article 45)a. b. c. d. e. f.

57. Marriage that constitute fraud (Article 46)a. b. c. d.

58. True or False. Deceit or misrepresentation as to character, health, rank, fortune, or

chastity shall constitute to fraud and will be a ground for annulment. (Article 46)

59. Who can file annulment of marriage and the required period? (Article 47)a. b. c. d. e.

60. Status of the children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory.

61. Status of the children conceived or born of the subsequent marriage under Article 53.

62. If only one of the contracting parties need parental consent or advice, must the other party be present at the marriage counselling?

63. What certificate shall the parties attach in cases where parental consent or parental advice is needed?

64. How long will the issuance of the marriage license be suspended if such certificate was not attached?

Family Law

1. Define marriage (Article 1).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.

2. Purpose of marriage (Article 1)For the establishment of conjugal and family life

3. Essential requisites of marriage (Article 2)a. Legal capacity of the contracting parties who must be a male and a female and not

less than 18 years oldb. Consent freely given in the presence of the solemnizing officer

4. Formal requisites of marriage (Article 3)a. Authority of the solemnizing officer to solemnize marriageb. Valid marriage licensec. Marriage Ceremony

5. Effect of absence of any essential or formal requisites (Article 4)The absence of any of the essential or formal requisites shall render the marriage

void ab initio.

6. How many witnesses shall be present in the solemnization of the marriage? (Article 6)At least two (2) witnesses of legal age

7. In case of marriage in articulo mortis and the other party can no longer sign the marriage certificate, who shall sign said certificate in the behalf of the disabled party? (Article 6)

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.

8. Who can solemnize marriage? (Article 7)a. Incumbent Member of the Judiciary within the court’s jurisdictionb. Priest, Rabbi, Imam, or Minister of any church or religious sect duly authorized

by his church or religious sect and registered with the civil registrar general, 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 or religious sect

c. Ship Captain or Airplane Chiefd. Military Commander of a unit to which a chaplain is assigned, in the absence of

the latter, during a military operatione. Consul-general, Consul, or Vice-consul

f. Mayor

9. Places where marriage can be solemnized (Article 8)a. Chambers of the judge or in open courtb. Church, chapel, or templec. Office of the consul-general, consul, or vice-consuld. Where both of the parties request the solemnizing officer in writing in which case

the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect.

10. Who issues a marriage license? (Article 9)Marriage license shall be issued by the local civil registrar of the city or

municipality where either contracting party habitually resides.

11. Who solemnizes marriage between Filipinos abroad? (Article 10)Consul-general, Consul, or Vice-consul of the Republic of the Philippines

12. Duties of a consular official (Article 10)a. Issuance of the marriage license and other duties of the local civil registrarb. Solemnize marriage between Filipino citizens abroad

13. Contents of a marriage license (Article 11)a. Full name of the contracting party;b. Place of birth;c. Age and date of birth;d. Civil status;e. If previously married, how, when and where the previous marriage was dissolved

or annulled;f. Present residence and citizenship;g. Degree of relationship of the contracting parties;h. Full name, residence and citizenship of the father;i. Full name, residence and citizenship of the mother; andj. Full name, residence and citizenship of the guardian or person having charge, in

case the contracting party has neither father nor mother and is under the age of twenty-one years.

14. True or False. The applicants, their parents or guardians shall be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license. (Article 11)

15. The local civil registrar, upon receiving the application for a marriage license, shall require the presentation of the original birth certificate or in default thereof, baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. (Article 12)

16. True or False. The certificates stated above needs to be sworn to and shall be exempt from the documentary tax stamp. (Article 12)

17. True or False. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. (Article 12)

18. Other documents to be presented before the local civil registrar if the documents already enumerated were destroyed or loss. (Article 12)

a. Residence Certificateb. Instrument drawn up and sworn to before the local civil registrar concerned

or any public official authorized to administer oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age, setting forth the full name, residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of such party.

19. Instance when there is no need for the presentation of birth or baptismal certificate (aside from being destroyed or loss) (Article 12)

a. If the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application

b. When the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age.

20. In case either of the contracting parties has been previously married, the applicant shall be required to furnish instead of a birth or baptismal certificate, the (Article 13):

a. D Cb. J D or

J D orD

21. What shall the applicant furnish in case the death certificate cannot be secured? (Article 13)

22. In addition to the formal and essential requisites of marriage, what other requirement shall be exhibited to the local civil registrar in applying for a marriage license if either or both of the contracting parties are 18-21 years old? (Article 14)

23. 21-25 years old? (Article 15)

24. If the parties failed to obtain such advice, or if it be unfavorable, the marriage license shall not be issued until when? (Article 15)

25. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, attach a _________________________________________? (Article 16)

26. For how many days shall the local civil registrar post a notice for marriage license of the parties? (Article 17)

27. Where shall it be posted? (Article 17)

28. When shall the marriage license be issued? (Article 17)

29. What shall the local civil registrar do after finding that an impediment exists between the parties who applied for a marriage license? (Article 18)

30. True or False. The local civil registrar, after finding out that an impediment exists, shall still issue said license before the completion of the period of the publication, unless ordered otherwise by a competent court at his own instance or that of any interest party. (Article 18)

31. Indigent parties shall still pay the required payment prescribed by law. (Article 19)

32. Is the license valid only to the place where it was issued? (Article 20)

33. For how many days shall it remain valid? (Article 20)

34. What shall be submitted by the parties if either or both of them are citizens of a foreign country and want to obtain a marriage license in the Philippines? (Article 21)

35. How about for stateless persons or refugees from other countries? (Article 21)a. C L Cb. A

36. What shall a marriage certificate state? (Contents of a marriage certificate Article 22)a. b. c. d. e. f. g.

37. Whose duty is it to furnish either of the contracting parties the original of the marriage certificate and send the duplicate and triplicate copies of the certificate not later than 15 days after the marriage to the local civil registrar of the place where the marriage is solemnized? (Article 23)

38. True or False. It shall be the duty of the solemnizing officer to prepare the documents stated within Title I of the Family Code, and to administer oaths to all interested parties without any charge in both cases. (Article 24)

39. True or False. All marriages solemnized outside the Philippines, in accordance 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… (Article 26)

40. Ana is a Filipina, and John is an American citizen. They were married in USA. After several years, a divorce is validly obtained by John. Is Ana, a Filipino citizen, still allowed to remarry under the Philippine laws even if divorce is not allowed in the Philippines? Why? (Article 26)

41. Mary and Sam were already engaged, but Sam was diagnosed of leukemia and was already weak at that time. They decided to get married despite of Sam’s condition and immediately approved by their family. The marriage was solemnized in the hospital room by their uncle, a judge. After a few years, Sam was cured and living a healthy life. Since the wedding was not planned and was solemnized in the case of articulo mortis, they did not have a marriage license. Is the marriage still valid even if there is no marriage license and the other party did not actually die? (Article 27)

42. Marriages exempted from marriage license (Articles 27, 28, 31, 32, 33, 34)a. b. c. d. e. f.

43. Void marriages (Articles 35 to 38)

a. b. c. d. e. f. g. h. i.

44. Define psychological incapacity. (Article 36)

45. Incestuous marriage (Article 37)a.

b.

46. Void marriage for reasons of public policy (Article 38)a. b. c. d. e. f. g. h. i.

47. True or False. The action or defense for the declaration of absolute nullity of a marriage

shall prescribe. (Article 39)

48. True or False. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (Article 40)

49. The number of years required that the prior spouse had been absent for the present spouse to have a well-founded belief that the former was already dead. (Article 41)

50. In case of disappearance where there is danger of death, how many years shall the prior spouse be absent to be assumed dead? (Article 41)

51. What shall the present spouse institute for the purpose of contracting a subsequent marriage? (Article 42)

52. If the absent spouse reappeared, what should be recorded in the civil registry of the residence of the parties of subsequent marriage? (Article 42)

53. Effects of the termination of the subsequent marriage (Article 43)a. b. c. d. e.

54. True or False. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void. (Article 44)

55. Voidable marriage (Article 45)a. b.

c. d. e. f.

56. Marriage that constitute fraud (Article 46)a. b. c. d.

57. True or False. Deceit or misrepresentation as to character, health, rank, fortune, or

chastity shall constitute to fraud and will be a ground for annulment. (Article 46)

58. Who can file annulment of marriage and the required period? (Article 47)a. b. c. d. e.

59. Status of the children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory.

60. Status of the children conceived or born of the subsequent marriage under Article 53.

61. If only one of the contracting parties need parental consent or advice, must the other party be present at the marriage counselling?

62. What certificate shall the parties attach in cases where parental consent or parental advice is needed?

63. How long will the issuance of the marriage license be suspended if such certificate was not attached?