Persons - July 9, 2012

FAMILY CODE

Article 1

Marriage settlement prior to the celebration of the marriage

Property relation during commencement of marriage property relation fixed unless: court/judicial approval

Article 2-3

Essential requisites:

1. Legal capacity male & female; at least 18; no legal impediment prior marriage/relationship of the parties (Art. 37-38)

18-21 year old parental consent needed else voidable

2. Consent freely given by the parties

Formal requisites:

1. Authority of the solemnizing officer (Art. 7) mayor authorized (LGC)

2. Valid marriage license local civil registrar post application for 10 days

120 days from date of issuance any part of the Philippines

3. Marriage ceremony appear and declare before the solemnizing officer with 2 witnesses of legal age

*Absence of any of the requisites (essential or formal) - void

Art. 35-38 void marriages; except if any or both parties believe in good faith that the officer had authority to carry on the marriage

Article 4

Defect or irregularity in essential requisites voidable (Art. 45)

Consent obtain by force shotgun marriage

Defect or irregularity in formal requisites valid but the person who caused the irregularity may be civilly, criminally or administratively liable.

Judge solemnize a marriage outside its jurisdiction marriage valid; considered irregularity in the formal requisite

Article 5

Art. 37-38 incestuous marriage

Article 6

Marriage contract not a requisite

Article 7

Ship captain or airplane chief or military commander- Articulo mortis (Art. 31-32)

Consul, consul-general or vice consul (Art. 10) solemnize marriage abroad only - perform the duties of the local civil registrar (marriage license)

Article 8

Irregularity place of the marriage valid

Request solemnizing officer in writing sworn statement solemnize somewhere else

Article 9 - Venue of application of marriage license

Exempted from marriage license:

1. Articulo Mortis

2. Marriage in a remote place

3. Living together as husband-wife for at least 5 years affidavit

Article 12

Irregularity marriage still valid