ART 1 - Marriage
ART 2 - Essential Requisites
ART 3 - Formal Requisites
ART 4 - Absence of E and F = null & void
(EXCEPTION) A defect in any of the essential requisites shall render the marriage voidable as provided in
Article 45. An irregularity in the formal requisites shall not affect the validity of the marriage but the
party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
ART 5 - 18 and above
ART 6 - Appear personally & articulo mortis
ART 7 - Who can Solemnize Marriage
ART 8 - VENUE
ART 9 - Place of issue of Marriage License
ART 10 - Marriage Abroad thru consuls
ART 11 - Purpose of Doc. Req. and Marriage Application
ART 12 - Procedure of local civ. reg. to determine age
ART 13 - Req for proving capacity of a contracting party to marry.
ART 14 - Parental Consent
ART 15 - Parental Advice
ART 16 - Marriage Counselling
ART 17 - Notice of the Civ Reg
ART 18 - Impediment /Court Intervention
ART 19 - Payment Fees
ART 20 - Marriage License valid for 120 days
ART 21- Foreigner = Cert of Leg. Capacity
ART 22 - Marriage Certificate = Contract
ART 23- Furnishing Marriage Certificate (Semper praesumitur pro matrimonio. Always presume
marriage.)
ART 24 - Duty of the Civ Reg
ART 25 - Registry Book
ART 26 - Solemnized outside PH./ Divorce
except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38. (lex loci celebrationis rule.)
- If abroad magpakasal ang pinoy in accordance sa law sng country nga ginpakaslan ya. As long as wala
lng na violate ang article 35(1), (4), (5) and (6) art. 36, 37 and 38. I honor mna d sa pinas.
- Art 267
- Orbecido
- Bayot v CA
INSTANCES WHEN MAR. LIC. IS NOT REQ
ART 27 - Point of Death
ART 28 - Far Flung/Remote Areas
ART 29 - Affidavit of Solemnizing Officer
ART 30 - Submission of Contract and Affidavit
ART 31 - Articulo Mortis (ship/airplane)
ART 32 - Articulo Mortis (comm. officer)
ART 33 - Muslims/Ethnic
ART 34 - Cohabitation
VOID AND VOIDABLE MARRIAGES
ART 35 - Mar. void from the very beginning
ART 36 - psychologically incapacitated
ART 37 - Incestuous
ART 38 - Against Public Policy
ART 39 - amendment
ART 40 - proving the nullity
ART 41 - Absent Spouse
ART 42 - reappearance
ART 43 - Result of termination of subsequent marriage
ART 44 - Both spouses of the sub. marriage acted in bad faith
ART 45 - Voidable Marriage
VOIDABLE MARRIAGES
Art 45 - List of annullable marriages
1) 18 yrs
2) unsound mind
3)fraud (concealment)
4)vitiated consent
5)impotency
6)STD serious and incurable
Art 46 - Constitutes fraud
1) Concealment of conviction
2) concealment of wife of pregnancy
3) Concelment of STD
4) Concealment of drug addiction
Art 47 - annulment of mar must be filed by the following and within the periods
Art 48 - fiscal
Art 49 - support in pendency
Art 50 - partition
Art 51 - presumptive legitimes
Art 52 - recording of annulment
Art 53 - subsequent marriage after compliance
RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE
MARRIAGES (p337 pdf)
Art 54 - legitimate or illegitimate
LEGAL SEPARATION
Art 55 - Grounds for legal separation
Art 56 - Grounds for leg sep to be denied
Art 57 - Prescriptive period of 5 yrs
Art 58 - six months cool off
Art 59 - courts effort to reconcile
Art 60 - no stipulation of fact or confession of judgment
Art 61 - live separately and administer property
Art 62 - support during pendency
Art 63 - effects of legal separation
Art 64 - revocation of of donation
Art 65 - reconcile thru oath
Art 66 - consequence of reconciliation
Art 67 - reviving property regime
RULE ON LEGAL SEPARATION
(Supreme Court En Banc Resolution
A.M. No. 02-11-11-SC) - p390 pdf
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art 68 - Essential Marital Obligations
Art 69 - family domicile
Art 70 - jointly reponsible for support
Art 71 - management of the household
Art 72 - relief for neglect of duties
Art 73 - exercise of profession
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
Art 74 - property rel governed by
Art 75 - Property regime and default prop reg
Art 76 - modification of marriage settlements
Art 77 - Mar settlements in writing, before celebration of marriage
Art 78 - minor contract mar settlement
Art 79 - validity of mar. settlement of a civil interdicted
Art 80 - absence of stipulation, property relations governed by PH laws
Art 81 - efficacy of marriage settlement
DONATIONS BY REASON OF MARRIAGE
Art 82 - donation by reasons of mar before its celebration
Art 83 - governed by ordinary donations
Art 84 - Donation governed by testamentary succ and wills
Art 85 - Donation with encumbrance
Art 86 - Reason for donation to be revoked
Art 87 - Donation to spouse during marriage indirect or direct is void
System of Absolute Community
Art 88 - Commencement of AC Property
Art 89 - no waiver of rights for ACP
Art 90 - apllication of co-ownership in ACP
What Constitutes Community Property
Art 91 - what consist the ACP
Art 92 - excluded from ACP
Art 93 - property acquired during marriage belongs to the community
Charges and Obligations of the Absolute Community
Art 94 - ACP shall be liable for
Art 95 - lost/win in game of chance
Ownership, Administrative,
Enjoyment and Disposition of the Community Property
Art 96 - administration and enjoyment of property
Art 97 - disposition of will
Art 98 - no donation of CP w/o consent
Dissolution of Absolute Community Regime
Art 99 - ACP terminates
Art 100 - exceptions to the separation in fact
Art 101 - abandonment
LIQUIDATION OF THE ABSOLUTE
COMMUNITY ASSETS AND LIABILITIES
Art 102 - upon Dissolution of ACP ff applies (procedure of liquidation)
Art 103 - termination by death
Conjugal Partnership of Gains General Provisions
Art 105 - conjugal partnership of Gains
Art 106 - Common fund of CPG
Art 107 - Application of 88 and 89
Art 108 - governed by contract of partnership
Exclusive Property of Each Spouse
Art 109 - exclusive property
Art 110 - retain ownership and transfer of admin
Art 111- mortgage, encumber, etc property
Art 112 - alienation of exclusive property
Art 113 - Property donated or willed to the spouses
Art 114 - onerous donation
Art 115 - Retirement benefits, pension etc
Conjugal Partnership Property
Art 116 - all property acquired during marriage is conjugal
Art 117 - properties in conjungal partnership
Art 118 - Installment purchases
Art 119 - payment of credit
Art 120 - ownership of improvements
Art 121 - CPG SHALL BE LIABLE FOR
Art 122 - debt fines etc
Art 123 - game of chance
Administration of the Conjugal Partnership Property
Art 124 - administration of CPG
Art 125 - no donation of cpp w/o consent
Dissolution of Conjugal Partnership Regime
Art 126 - conjuga partnership terminates
Art 127 - exceptions where separation in fact affect CPG
Art 128 - abandonment in CPG
Liquidation of the Conjugal Partnership Assets and Liabilities
Art 129 - procedure for dissolution
Art 130 - termination by death
Art 131 - SIMULTANEOUS LIQUIDATION OF CONJUGAL PARTNERSHIP
Art 132 - Rules of Court on the administration of estates
Art 133 - common mass property given to the surviving spouse
Separation of Property of the
Spouses and Administration of Common Property by One Spouse During the Marriage
Art 134 - JUDICIAL SEPARATION OF PROPERTY
Art 135 - suffficient cause for judicial separation of property
Art 136 - jointly file for separation of common properties
Art 137 - the absolute community or the
conjugal partnership of gains shall be liquidated
Art 138 - after dissolution complete separation will apply
Art 139 - grant of separation is recorded
Art 140 - rights of the creditors
Art 141 - revival of property regime
Art 142 - The administration of all classes of exclusive property
Regime of Separation of Property
Art 143 - Suppletory character
Art 144 - Separation of property may refer to present or future property or both.
Art 145 - enjoyment of separate property
Art 146 - Both spouses shall bear the family expenses in proportion to their income
Property Regime of Unions Without Marriage
Art 147 - capacitated to marrry
Art 148 - not falling in 147