JURISPRUDENCE

44問 • 2年前

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Marriage is a special contract of permanent union between a man and a woman entered into an accordance with law for the establishment of conjugal and family life. Family Code, is the statutory definition of marriage. In one case, the court of appeals simply defined it as the sacrament or act by which a man and a woman becomes husband and wife. Marriage is a mutual and shared commitment between two parties voluntary union of for life of a man and a woman solemized in accordance with local law by a wedding ceremony and the filing a certificate of marriage.

ARTICLE 1

No marriage shall be valid, unless these essential requisites are present: 1.) Legal capacity of the contracting parties who must be a male and a female; and 2.) Consent freely given in the present of the solemnizing officer essential requisites of a valid marriage are the necessary and facts

ARTICLE 2

The formal requisites of a marriage are: 1.) Authority of the solemnizing officer; 2.) A valid marriage license except in the cases provided for in the chapter 2 3.) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife, in the presence of not less than two witnesses of legal age. following established rules of procedure, customs and practices

ARTICLE 3

The absence of any of the essential or formal requisites shall render the marriage void ab initio. provides for the consequences of the absence of the essential and formal requisites of a valid marriage. 1.) Absence of essential requisites- absence or defect in any of the essential requisites. 2.) Absence of formal requisites- absence, defect or any irregularity in any of the formal requisites shall not affect

ARTICLE 4

Any male or female of the age of eighteen years or upwards not under any of the impediments. Minimum age of marriage to both males and females at 18 years. It coincides with the age of majority being lowered at 18 years.

ARTICLE 5

No prescribed form of religious rite for the solemnization of the marriage is required. In case of a marriage in articulo mortis, when the party at the point of that is unable to sign the marriage contract/certificate, the witness of the said marriage shall write for the said party and attested by the solemnizing officer. Does not prescribe e any "form or religious rite" for solemnization of marriage It is enough to/for the contracting parties to: 1.)appear personally before the solemnizing officer 2.)to declare, in the presence of not less than two witnesses, of llegal age, that they take each other as husband and wife 3.) the declaration shall be contained in the marriage certificate signed by: a.) the contracting parties b.) the witnesses to the marriage c.) the solemnizing officer

ARTICLE 6

Marriage may be solemnized: 1.) incumbent member of the judiciary 2.) any priest, rabbi,imam,or minister of any church or religious set julie authorized by his church 3.) any ship captain or airplane chief 4.) any military commander of a unit 5.) any consul-general, consul or vice consul Enumerates the persons with authority to solemize marriage Solemnization -is the performance of a formal marriage ceremony

ARTICLE 7

Requires the marriage ceremony to be solemnized publicly 1.) church, chapel, or temple 2.) chambers of a judge or in open court 3.) in the office of the consule or vice-consule

ARTICLE 8

Requires a marriage license for validity of the marriage A marriage licensed shall be issued by the local civil registrar of the city or municipality

ARTICLE 9

Governs marriages between Filipino citizens abroad

ARTICLE 10

Where a marriage licensed is required each of the contracting parties shall file separately a sworm application for such license with the proper local service registrar which shall specify the following: 1.) Full name of the contracting party; 2.) Place of birth; 3.) Age and date of birth; 4.) Civil Status; 5.) If previously married, how, when and where the previous marriage was dissolved or annulled; 6.) Present residence and citizenship; 7.) Degree of relationship of the contracting parties; 8.) Full name, residence and citizenship of the father 9.) Full name, residence and citizenship of the mother; and 10.) 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.

ARTICLE 11

Provides for the documents to be presented by applicants for marriage license.

ARTICLE 12

Enumerates the documents to be furnished for the issuance of a license if either of the contracting parties has been previously married.

ARTICLE 13

Mandates an additional requirement for either both unemancipated applicants between 18 and 21 years without a previous marriage.

ARTICLE 14

Requires marriage license applicants between 21 to 25 years old seek parental advice.

ARTICLE 15

Provides for additional requirements to marriage license applicants 1.) A certification by the press iman or minister authorized to solemize marriage 2.) A marriage counselor to the effect that the contracting parties have undergone marriage counseling

ARTICLE 16

Requires notice of the application to be posted by the local civil registrar

ARTICLE 17

Provides for the course of action by the civil registrar after an impediment is known to him

ARTICLE 18

Requires the collection of Fees as prescribed by rules and regulations

ARTICLE 19

Provides for the validity of a marriage license

ARTICLE 20

Requires when either are both parties are citizens of a foreign country, to obtain a certificate of legal capacity to contract marriage issued by their diplomatic or consular office

ARTICLE 21

Enumerates the data which should be declared by the parties in a marriage certificate 1.) The full name, sex and age of each contracting parties; 2.) Their citizenship, religion and habitual residence; 3.) The date and precise time of the celebration of the marriage; 4.)That the proper marriage license has been issued according to law, except and marriages; 5.) That either a both of the contracting parties have secured the parental consent in appropriate cases; 6.) That either or both of the contracting parties have compliced with the legal requirement regarding parental advice in appropriate cases; 7.) That the parties have entered into marriage settlement if any, attaching a copy thereof

ARTICLE 22

The duty of the solemnizing officer after the marriage 1.) to furnish either of the contracting parties the original of the marriage certificate 2.) to send the duplicate and triplicate copies of the marriage certificate, not later than 15 days after the marriage

ARTICLE 23

Specifies the duties of the local civil registrar 1.) to prepare the documents required 2.) to administer oats to all interested parties

ARTICLE 24

Provides for the entry of all applications for marriage license in a registry book

ARTICLE 25

Provides for the validity of marriages in other countries being valid here

ARTICLE 26

In case either of both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives

ARTICLE 27

If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar ,the marriage may be solemnized without the necessity of marriage license.

ARTICLE 28

In the cases provided for in the two preceding articles, the solemnizing officer shall state in the affidavit executed before the local civil registrar or any other person legally authorized to administer oaths.

ARTICLE 29

The original of the affidavit required in the last preceding article, together with a legible copy of the marriage contract, shall be sent by the person solemnizing the marriage the local civil registrar.

ARTICLE 30

A marriage is articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at porks of call.

ARTICLE 31

A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriage in articulo mortis between persons within the zone of military operation

ARTICLE 32

Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license.

ARTICLE 33

No license shall be necessary for the marriage of a man and woman who have lived together as husband and wife for at least five years and without any impediment to marry each other.

ARTICLE 34

The following marriages shall be void from the beginning: 1.) Those contracted by any party below eighteen years of age even with the consent of a parents or guardian; 2.) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either are both parties 3.) Those solemnized without a license, except those covered by the president Chapter 4.) Those contracted through mistake of one contracting party as to the identify of the other; and

ARTICLE 35

A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void Provides for marriage contracted by psychologically incapacitated persons Psychic impotence- is impotence due to a functional disorder caused by a functional disorder Psychological incapacity- should refer to no less than mental (not physical defect) that causes a party to be truly incognito of the basic marital covenants

ARTICLE 36

Is a special contract of permanent union between a man and a woman entered into accordance with law for the establishment of conjugal and family life.

MARRIAGE

is the statutory definition of marriage

FAMILY CODE

is a mutual and shared commitment between two parties

MARRIAGE

absence or defect in any of the essential requisites

ABSENCE OF ESSENTIAL REQUISITES

absence, defect or any irregularity in any of the formal requests shall not affect.

ABSENCE OF FORMAL REQUISITES

is the performance of a formal marriage ceremony

SOLEMNIZATION

is impotence due to a potential disorder caused by a functional disorder

PSYCHIC IMPOTENCE

should refer to no less than mental not (physical defect) that causes a party to be truly incognito of the basic marital covenants.....

PSYCHOLOGICAL INCAPACITY

BASIC STATISTIC

Marjorie Grana · 55問 · 2年前

BASIC STATISTIC