THEOLOGY 2: IMMEDIATE PREPARATION FOR MARRIAGE

Flashcards on Marriage in the Philippines based on lecture notes.

Definition of Marriage in the Family Code of the Philippines

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

Definition of Marriage in Art. 52 of the Old Civil Code of the Philippines

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

Purposes of Marriage

May not necessarily be for procreation, but may be for companionship.

Requirements for Validity of Marriage

Legal Capacity, Consent, Authority of Solemnizing Officer, Marriage License, Marriage Ceremony

Legal Capacity in Marriage

Contracting parties must be at least 18 years of age, male and female, and not under any impediment to marry.

Impediments to Marry

Existing marriage bond, Consanguinity, Relationship by Adoption, Relationship by Affinity.

Factors Vitiating Consent

Insanity, Fraud, Force, intimidation or undue influence, error on the identity of the other contracting party.

Other Factors Affecting the Validity of Marriage

Psychological Incapacity, Incurable Impotence, Serious and Incurable Sexually Transmitted Disease.

Authorized Solemnizing Officers

Incumbent member of the judiciary, priest, rabbi, imam, or minister of any church, ship captain or airline chief in cases of articulo mortis, military commander in the absence of a chaplain during military operations, consul-general, consul or vice-consul in marriages solemnized abroad, mayors of cities and municipalities.

Marriage License

Shall be issued by the local civil registrar where either contracting party resides and is valid for 120 days.

Marriages Exempted from Marriage License Requirement

Marriages in articulo mortis, no means of transportation, marriages among Muslims or members of ethnic cultural communities if solemnized accordingly, couples living together for at least five years without legal impediment, marriages performed abroad where no license is required by foreign law.

Consequences of Absence of Essential and Formal Requisites

The absence of any of the essential and formal requisites shall render the marriage void ab initio (void from the very start).

Catholic Church Definition of Marriage

A lifetime, exclusive partnership between one man and one woman, who give and receive mutual help and love and, from their union, bring forth and rear children.

Tripod of Marriage Validity

Legal Capacity, Consent, Canonical Form

Capacity in Canonical Marriage

Freedom from any and all matrimonial diriment impediments.

Consent in Canonical Marriage

Free, true, and deliberate option for marriage.

Canonical Form in Canonical Marriage

Constitutive procedure for the celebration of marriage as stipulated by Church law.

Diriment Impediment

Renders a person incapable of validly contracting a marriage.

Of Divine Law in Diriment Impediments

Founded on God’s law and cannot be granted dispensation.

Of Ecclesiastical Law in Diriment Impediments

Established by the Church and may be granted dispensation by competent ecclesiastical authority.

Absolute in Diriment Impediments

Involves all marriages (e.g., age, impotence, previous bond).

Relative in Diriment Impediments

Concerns only marriages between two specific persons.

Perpetual in Diriment Impediments

Can never cease (e.g., consanguinity).

Temporary in Diriment Impediments

Ceases by the passing of time or by dispensation.

Impediments of Divine and Natural Law

Impotence, Previous Bond, Consanguinity.

Impediments of Ecclesiastical Law (dispensation reserved to the Holy See)

Sacred Order, Public Perpetual Vow, Crime.

Impediments of Ecclesiastical Law (dispensation can be given by local Ordinary)

Age, Disparity of Cult, Abduction, Collateral Line of Consanguinity, Affinity, Public Propriety, Adoption.

Age (Diriment Impediment)

Minimum age for valid marriage.

Impotence (Diriment Impediment)

Inability to procreate, to execute the conjugal act or to consummate the marriage.

Previous Bond (Diriment Impediment)

Being bound by a prior marriage.

Disparity of Cult (Diriment Impediment)

Marriage between a baptized person and a non-baptized person.

Sacred Orders (Diriment Impediment)

Those in sacred orders invalidly attempt marriage.

Public Perpetual Vow of Chastity (Diriment Impediment)

Those bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage.

Abduction (Diriment Impediment)

No marriage can exist between a man and a woman who has been abducted or detained with a view of contracting marriage.

Crime (Diriment Impediment)

Those who have brought about the death of a spouse to marry each other invalidly attempt marriage.

Consanguinity (Diriment Impediment)

Marriage is invalid between all ancestors and descendants in the direct line of consanguinity and up to the fourth degree in the collateral line.

Affinity (Diriment Impediment)

Affinity in the direct line in any degree invalidates a marriage.

Public Propriety (Diriment Impediment)

Nullifies marriage in the first degree of the direct line between the man and the blood relatives of the woman, and vice versa.

Legal Relationship (Diriment Impediment)

Those who are related in the direct line or in the second degree of the collateral line by a legal relationship arising from adoption cannot contract marriage together validly.

Possible Remedy of an Invalid Marriage Due to an Impediment

Simple Convalidation and Radical Sanation or Retroactive Validation.

Integrality of Matrimonial Consent

Marriage is brought into being by the lawfully manifested consent of persons who are legally capable.

Matrimonial Consent (CIC CAN. 1057§2)

Act of the will, by which a man and a woman, with an irrevocable covenant give and accept each other mutually, in order to bring into existence a marriage.

Factors Vitiating Consent

Psychosomatic Incapacity, Cognitive Capacity, Volitive Capacity

Psychosomatic Incapacity (CAN. 1095)

Lack of Sufficient Use of Reason, Lack of Due Discretion of Judgment, Incapacity to fulfill the essential rights and duties of marriage.

Minimum Knowledge for Matrimonial Consent (CAN. 1096)

Marriage is a permanent consortium, ordered to procreation and upbringing of children, through some form of sexual cooperation.

Error (CAN. 1097)

Error concerning the person invalidates a marriage, error concerning a quality of the person does not unless it is directly and principally intended.

Fraud (CAN. 1098)

A person contracts invalidly who enters into a marriage deceived by malice concerning some quality of the other partner which by its very nature can gravely disturb the partnership of conjugal life.

Simulation or Exclusion (CAN. 1101)

If either or both of the parties by a positive act of the will exclude marriage itself, some essential element of marriage, or some essential property of marriage, the party contracts marriage invalidly.

Condition (CAN. 1102)

A marriage subject to a condition about the future cannot be contracted validly.

Force/Fear (CAN. 1103)

Marriage is invalid if entered into because of force or grave fear from without.

Canonical Forms (Cann. 1108-1123)

Formalities or external solemnities prescribed by law to be followed in order that marriage might be entered into legitimately & validly.

Minister (CAN. 1108)

Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses

Ordained Official Witness (CAN. 1111)

Bishops, priests or deacons who assist at the marriage.

Lay Official Church Witness (CAN. 1112)

Those cases where the diocesan bishop can delegate lay persons to assist at marriages with the previous favorable vote of the episcopal conference and after having obtained the permission of the Holy See

Parties’s consent (CAN. 1104)

Each party (bride and groom) should externally and explicitly signify and exchange their mutual consent or through words or signs themselves or through an interpreter

Proxy Marriage (CAN. 1104)

Special mandate given to a specific person Contracting party personally designates the proxy Proxy must personally fulfill the mandate Mandate must be signed by the contracting party; parish priest or local ordinary; delegated priest; two witnesses Mandate must be in a civilly authenticated document

Extraordinary Form: Two Common Witnesses (CAN. 1116)

Couple validly and lawfully marry each other without an ordained witness provided minimum requirements are sufficient use of reason and knowledge of the nature of marriage. (1) danger of death; (2) apart from danger of death provided that it is prudently foreseen that the same conditions will continue to prevail for a month

Rite of Marriage (CAN. 1120)

The Episcopal Conference can draw up its own rite of marriage, in keeping with those usages of place and people which accord with the Christian spirit; it is to be reviewed by the Holy See

Celebration Place (CAN. 1115)

Marriages are to be celebrated in a parish where either of the contracting parties has a domicile.