Week 4 -- PFR Marriage and Pre-Marital controversey

Who has the authority to solemnize marriages? Which articles is this found in?

ART. 7, FC.  Marriage may be solemnized by: (1) Any incumbent member of the judiciary within the court’s jurisdiction; (2) Any 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; (3) Any ship captain or airplane chief only in the case mentioned in Article 31; (4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32; (5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a

In short, who can solemnize a marriage?

1) Incumbent judiciary members

2) Religious clergy

3) Ship captain or airline chief ONLY in Articulo Mortis

4) Military comanders

5) Consul, consul general, vice consul

6) Mayors, pursuant to the local government code

What requirements exist if you’re an incumbent member of the judiciary?

• When can solemnize: Anytime

• Requisite:

  1. w/in Jurisdiction (if lower court)

     • Causes irregularity -> Valid but judge admin. liable

  2. Incumbent (still in position)

     • Causes absence of requisite -> Void 

Lower courts	SC and CA Justices
within their court's jurisdiction	anywhere in PH

What are the requirements if you’re religious clergy?

• 
  

Requisites (ARC-LS)	Effect of Absence
a. Authorized by his church/ religious sect	- renders the marriage VOID - Absence of the authority of the solemnizing officer
b. Registered with the Civil Registrar General -For Gov. to track
c. Acting within the limits of authority	- Valid but admin liability  - Mere irregularities
d. One of the contracting parties belongs to the same church or sect  - to be able to ascertain the authority of the clergy -usally couple seeks advice from clergy *If a clergy solemnizes a couple who don't belong to the faith, clergy's authority is NOT eroded

When can a marriage be solemnized by a ship captain or airline cheif?

• When can solemnize: ONLY in cases of articulo mortis [at the point of death]

  • While the ship is at sea, 

  • the plan is in flight,

  • during stopover at ports

When can a military commander act as the sollemnizing officer?

• When can solemnize: ONLY in cases of articulo mortis [at the point of death]

• In the absence of the chaplain assigned

  • presence /absence NO NEED to be established before solemnizing

  • Time is of the essence in articulo mortis

When can a Consul-general, consul, vice-consul act as solemnizing officers?

• When can solemnize: Anytime

• Where can solemnize: ONLY within the embassy grounds

In Article 35 (2) which marriages are void given a person who is not legally authorized to perform a marriage? Why

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; 

GR: If the person who solemnized the marriage has no solemnizing authority, the marriage is void ab initio 

EXPN: Valid if: (Mistake of Fact)

1. Both of the parties are deceived into the marriage, 

2. believing in good faith that the solemnizing officer has the authority.

Give me the case of NAVARRO v. DOMAGTOY [1996] 💼

• FACTS: 

  • Administrative case was filed against respondent judge for solemnizing 2 marriages: 1) while knowing that the husband was merely seperated from his first wife, making the subsequent marriage bigamous, while 2) solemnized outside the judge’s jurisdiction.  

• ISSUE: W/N the solemnization outside the judge’s jurisdiction invalidates the marriage 

• DOCTRINE: 

  • A marriage solemnized outside a judge’s jurisdiction remains valid, as it is only an irregularity in a formal requisite.  

  • Article 8 of the Family Code provides that a marriage can be held outside the judge’s office only 1) at the point of death, 2) in remote places, and 3) upon the request of both parties in writing. 

• RULING: 

  • First marriage void due to lack of legal capacity of husband (subsisting marriage without summary proceeding for declaration of presumptive death); second marriage still valid because wrong wedding venue simply an irregularity. Judge suspended.

ARANES v. OCCIANO [2002]💼

• FACTS: 

  • Petitioner and her husband were married by respondent judge without a marriage license and outside his territorial jurisdiction. When her husband died, she learned that their marriage was void for want of marriage license—she lost her right to inherit the property left by her husband and to receive his pension. Petitioner charged respondent with gross ignorance of the law. 

• ISSUE: 

  • W/N respondent judge had the right to solemnize petitioner’s marriage even without the requisite marriage license 
    
    

• DOCTRINE: 

  • It is the marriage license which gives the the officer the authority to solemnize the marriage.

  • Wether or not they should be held liable based on it being outside his jurisdiction
    
    

• RULING: 

  • Marriage could have been valid on second ground (venue is just irregularity) but due to lack of license (a formal requisite) marriage is void. In this respect, he acted in gross ignorance of the law.

39. PALMA v. JUDGE OMELIO [2017] 💼 

Imagine Davao Doc Ang Palma
Facts

• Respondent judges were involved in a marriage scam. Judge Murcia affixed his signature on the marriage contract of Echevarria without actually solemnizing the marriage and Judge Omelio reenacted it at a dinner party for picture-taking purposes without actually signing.  

• ISSUE: 

  • W/N the judges should be held administratively liable  

• DOCTRINE: 

  • An irregularity in the formal requisites shall not affect the validity of the marriage, but the party responsible shall be civilly, criminally, and administratively liable. 

• RULING: 

  • Marriage is valid, but the Court found that Murcia lied about solemnizing the marriage; he only affixed his signature in the marriage license. 

  • Omelio solemnized the marriage without signing the marriage certificate. Even if he was only re-enacting the marriage, the sanctity of marriage should not be trifled with. 

  • Murcia and Mrs. Omelio were also administratively liable for failing to collect the solemnization fees. Both judges guilty of gross misconduct for solemnizing the marriage outside their jurisdiction.  

Under Article 9 of the Family code, who issues a marriage license?

ART. 9, FC. A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title. (58a) [those of exceptional circumstances]

In what cases is a marriage license not required for a marriage?

1. Articulo mortis

2. Remote Location

3. Marriage among Muslims/Ethnic cultural communities

4. Ratification of Cohabitation (cohabiting for 5 yrs > w/o legal impediment)

(Found in FC 27,28 & 33, 34)

In a marriage abroad, who actually provides for the marriage license rather than the local civil registrar?

ART. 10, FC. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. (75a)  [PH embassy is considered an extension of the PH territory.]

What are the requirements for a Marriage license in the Philippienes?

In General

• Applied for separately by the parties.

  • Only one license issued for both.

  • In  either party’s habitually residence

• Documents Needed 

1. Sworn Application

2. Original Birth Cert. / Baptismal Cert. / Sworn declaration 

• Application is posted for 10 days (Notice).

  • Opportunity to inform the civil registrar of any impediment to marry.

  • Marriage license will still be issued even if there are reports.

• Once granted:

  • Place of Use: anywhere the PH, and 

  • Validity: 120 days from the date of issuance. (Automatically cancelled and treated as non-existent upon expiration date)   

What additional requirements for a marriage license exists for

• Based on age

• Based on wether you were previously married

• If you were an alien

• What requirement is required based on the RH Law.

Scenario		Additional Requirement
Age NOTE: neither shall be required if parents appear personally before the local civil registrar; or  if the latter is convinced that the parties are of required age	18 < age < 21	parental consent *absence = voidable marriage
	21 < age < 25	parental advice *absence = delay the issuance of marriage for three (3) months,
Previously married *presumption is they are of legal age (since the were able to marry before)		Need proof of capacity to REMARRY death certificate of the deceased spouse,  judicial decree of absolute divorce, or  judicial decree of annulment or  declaration of nullity of the previous marriage NOTE: parental consent still required for the remarriage of parties between 18 < age < 21
Alien		Certificate of legal capacity to contract marriage.  NOTE:  Issued by: foreigner's diplomatic or consular officials  To ensure that the foreigner who is about to get married here in the Philippines is capacitated to marry, there being no subsisting marriage elsewhere:  consistent with Article 15 of the NCC that applies the nationality principle on matters involving status and capacity
Mandatory Marriage Counseling - ALL		Certificate of Compliance (Family Planning Seminar) To help prevent hasty or ill-advised marriages.  *Falsification of the certification: punishable. *see comparison below

In what portion of the FC can you find the marriages of exceptional character portion? What do these explain?

ART. 27, FC. In case either or 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. (72a) 

ART. 28, FC. 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 necessity of a marriage license. (72a) 

ART. 29, FC. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage. (72a) 

ART. 30, FC. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a) 

ART. 31, FC. A marriage in 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 ports of call. (74a) 

ART. 32, FC. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) 

ART. 33, FC. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a) 

ART. 34, FC. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. (76a)

Give me the difference in mandatory marriage counseling requirements between

	PD 965:	Art 16, FC	RH Law [controlling law]:
Nature	instructions on family planning.	Counselling only for those who need parental advice or consent.	duly received ADEQUATE instructions and information on parenthood, family planning, breastfeeding and infant nutrition (Sec. 7, 23, 4 RH Law)
Who Needs	All applicant H&W	H&W needing parent’s consent/advice 18 < Age < 25	All applicant H&W
Who counsels	Family planning office	- Pries, Imam, Minister - Marriage counselor duly accredited by proper agence	Family planning office
Effect of Absence on Marriage License	delays the issuance of the marriage license for (2) two weeks  marriage license  - still issued at the end of the period even if the instructions were not provided	marriage license shall be suspended for three (3) months from the completion of the publication of the application	no marriage license shall be issued unless the applicants present a Certificate of Compliance.

Expound on the cases of Articulo Mortis marriages

• Who may perform these marriages? Who may only perform the articulo mortis marriages?

• Who may perform articulo morties marriages?

  • May be performed by all the solemnizing officers identified in the FC and Local Government Code = (JuC SAM CoMa)   

• Who may ONLY perform articulo morties marriages?

  • Marriage between passengers or crew members may be solemnized by a ship captain; or by 

  • an airplane chief while the ship is at sea or the plane is  in flight, and during stopovers at ports of call

  • military commander can solemnize marriage between persons within the zone of  military operation, whether members of the armed forces or civilians.

Expound on what is required to do a marriage of remote place

1. Remote Place - There is no means of transportation; 

For Marriage 1 & 2 above - Duty of Solemnizing Officer

• execute an affidavit stating  

  1. The nature of the marriage

     1. Articulo Mortis

     2. Remote Place

  2. That the officer took the necessary steps to ascertain 

     1. the ages and relationship of the contracting parties and 

     2. the absence of legal impediment to the marriage; 

• Sent to local civil registrar within 30 days from the performance of marriage  

  • affidavit 

  • copy of the marriage contract 

What is the only requirement for a marriage done in Muslim rites or those of ethnic minorities, vis a vis sollemnization

Provided that they are married in accordance with their customs, rites, and practices

Give me the relevant facts of Imbong V. Ochoa vis-à-vis its requirement to have couples learn about RH before marrying, as a requirement fora marriage license

• FACTS: 

  • Petitioners assert the constitutionality of the RH Law, particularly Section 15 thereof, which requires the certificate of compliance with the family planning and marriage counseling sessions before being issued a marriage license. According to the petitioners, this violates the free exercise of their religion. 
    
    

• ISSUE: 

  • W/N such provision of the RA 10354 violates the constitutional guarantee of religious freedom  
    
    

• DOCTRINE: 

  • The goal of RH Law is to help couples make informed choices on parenthood and decide intelligently. It does not compel them to accept the instructions therein. 
    
    

• RULING: 

  • Provision does not violate the constitutional guarantee of religious freedom since the attendees retain the freedom to decide on matters of family life without the intervention of the state. 

  • Attendees are still free to accept or reject whatever instructions are given to them, and hence there is no coercion.

Where must be marriage be solemnized? What articles provides for this

• Article 8, FC further specifies where to solemnize marriage 

• GR: solemnized publicly in the 

  • chambers of the judge or in open court, 

  • in the church, chapel or temple, or 

  • in the office of the consul-general, consul or vice- consul, as the case may be, and not elsewhere." 

Outline what the difference are between a marriage license and marriage certificate

MARRIAGE LICENSE VS. MARRIAGE CERTIFICATE

	Marriage License	Marriage Certificate
Nature	Proof you can validly marry	Proof of marital status
When Issued	Before ceremony	After ceremony
Requisite	Essential Requisite	N/A

Give me the case of Republic v. CA

Facts: Castro and Cardenas got married. Cardenas left her, and Castro gave birth to a child who her brother adopted. They are in the US, and she wants to place her marital affairs in order
She found with her lawyer that a marriage license was never actually issued, she got a certificate from the Pasig Civil Registrar that her marriage license did not exist — a  Certification of “Due search and inability to find

Issue: Is this enough evidence to prove that her marriage was void ab initio.

Ruling: Yes, because we generally presume that government offices will do their job correctly (based on Section 29, Rule 132 of the Rules of Court). Thus

Give me the case of SEVILLA v. CARDENAS [2006] 💼

• FACTS: 

  • Petitioner and respondent were married and executed a marriage contract. Sevilla filed a petition for annulment, claiming that he was only forced to sign the marriage contract. 

    • Side note: Sevilla was also a philanderer who went off to Spain to marry some other woman

  • He alleged that neither of them ever applied for a marriage license and this was verified by the certification from the Local Civil Registrar to the effect that the license was not located due to "loaded work".

• ISSUE: 

  • W/N the marriage is valid despite the missing marriage license  

• DOCTRINE: 

  • Certificate of "due search and inability to find" enjoys probative value when due diligence is performed in locating the missing document. 

• RULING: 

  • Marriage is valid. Diligent search was not performed because the certificate states that the license was not located due to "loaded work". Both certifications did not state categorically W/N such license was issued, that document does not exist in said office, or the particular entry could not be found despite diligent search. Presuming the regularity of performance, the Court resolved the case in favor of the validity of the marriage. 

 Give me the case of ALCANTARA v. ALCANTARA [2007] 💼

• FACTS: 

  • Husband states that the marriage license was invalid because it does not match with the license on the certificate and that he never went to Carmona to apply for the same. 

  • There was a fixer. He alleged that the marriage license in their contract was actually a sham and filled with numerous irregularities. 
    
    

• ISSUE: 

  • W/N irregularities in the marriage license invalidates the marriage  
    
    

• DOCTRINE: 

  • A certification issued by the local civil registrar enjoys the presumption that official duty has been regularly performed and the issuance of the marriage license was done in the regular conduct of official business, but it may be rebutted by affirmative evidence of irregularity or failure to perform a duty.  

• RULING: 

  • The Court held that the couple was indeed issued a license, albeit one from Cavite where neither of them resides.

  •  This is a mere irregularity which does not affect the validity of the marriage, but only subjects the parties responsible to civil, criminal, and administrative liability. 

Compare the case of Republic V CA and Sevilla v. Cardenas

REPUBLIC v. CA	SEVILLA v. CARDENAS
w/ Diligent Search w/ Categorical statement ✅ probative value	w/o Diligent Search w/o Categorical statement  ❌ probative value

Give me the case of Seguisabal v. Cabrera? Is he punishable under the RPC for what he did?

• ACTS: 

  • Judge Cabrera solemnized marriage without license because they promised they'd have it by afternoon. Wife needs marriage cert. to claim husband's death benefits, but OCR will not release because there was no Family Planning Seminar certificate.

• ISSUE: 

  • W/N respondent judge may be held liable for solemnizing a marriage without a marriage license  
    
    

• DOCTRINE: 

  • Only marriages with the necessary requisites of marriage (i.e. license) must be solemnized by people allowed by law to solemnize marriages. 

• RULING: 

  • Marriage is void. Defense of good faith is unavailing and feeling of sympathy is not an excuse. He is expected to know the law. The Court held that Judge Cabrera contravened the law that required a marriage license at the time the marriage was solemnized unless said marriage was of an exceptional character. 

  • He likewise failed to transmit to the Local Civil Registrar within 15 days from the date of solemnization of the marriage, a copy of the duly signed marriage contract. For gross neglect of duty, Cabrera was fined a sum equivalent to three months' salary. 

MORENO v. BERNABE [1995] 💼

• FACTS: — Moreno men have a habit of promising too much, so did the judge in this case

  • Judge promised couple would have marriage contract 10 days after solemnization. 

  • Contract was not released because there was no license in the first place. 

  • Wife accused Judge of conniving with relatives to nullify marriage.
    
    

• ISSUE: 

  • W/N Judge Bernabe is administratively liable for solemnizing a marriage without a marriage license 

• DOCTRINE: 

  • Absence of valid marriage license renders the marriage void ab initio  
    
    

• RULING: 

  • The marriage was void. Bernabe was found liable for grave misconduct and gross ignorance of the law for solemnizing a marriage without a marriage license. 

  • The Court ordered him to pay a fine of P10,000 with a stern warning that a repetition of the same offense will be dealt with more severely. 

What are the requisites to Ratification of Cohabitation, required to become part of the category of “Marriages of exceptional character”

• Requisites

1. The man and woman must have been Cohabitants of 5 years > before the marriage, starting at the point when there was no legal impediment

2. No legal impediment to marry each other 

3. requisite (b) present at the time of the marriage 

4. BOTH The parties must execute an affidavit stating requisite (a)

5. Solemnizing officer execute sworn statement that he ascertained the qualifications of the parties and that he had found no legal impediment of the marriage

The marriage license is dispensed with to encourage those who have been cohabiting to ratify their union by getting married

Give me the case of Borja Manzano v. Sanchez

Facts:

Complainant (Borja-Manzano) was the wife of David Manzano, marrying him in Caloocan in 1996. 

• Her husband contracted out another marriage with Luzviminda Payao later on; the marriage contract of David Manzano listed both of them as “separated”

• The same applied to the person Manzano wished to marry, a woman named Payao.

They presented an affidavit attesting that they had been separated from their respective spouses for more than 5 years.

Issue: Should the judge be held administratively liable?

Ruling: Yes, because the marriage is not valid

For the two to marry each other, both parties must have no legal impediment to marrying each other

DE CASTRO v. ASSIDAO-DE CASTRO [2008] 💼

• FACTS: 

  • Petitioner and respondent applied for a marriage license but it had already expired. They executed a false affidavit outlining that they had lived together as husband and wife without impediments for more than 5 years.
    
    

• ISSUE: 

  • W/N the falsity of an affidavit stating that the parties are cohabiting for more than five years renders the marriage void ab initio  
    
    

• DOCTRINE: 

  • Falsity of an affidavit stating that the parties are cohabiting for more than five years is not a mere irregularity in the formal requisites of marriage  

• RULING:

  • The Court held that the marriage is void and the falsity of the affidavit is not a mere defect in the formal requisites of marriage. 

  • The parties were not exempt from the marriage license requirement because they never cohabited at all, and the lack thereof renders their marriage void ab initio. 

What are the very baseline requirements of for a marriage ceremony?

Article 3, FC requires a marriage ceremony 

1. appearance of the contracting parties 

2. before the solemnizing officer 

3. personal declaration that they take each other as husband and wife

4.  in the presence of not less than two (2 >) witnesses of legal age."

What is the general rule vis a vis where a marriage must be solemnized, what is the exception?

• Article 8, FC further specifies where to solemnize marriage 

• GR: solemnized publicly in the 

  • chambers of the judge or in open court, 

  • in the church, chapel or temple, or 

  • in the office of the consul-general, consul or vice- consul, as the case may be, and not elsewhere." 

• EXPN: 37. NAVARRO v DOMAGTOY: Marriage can be held outside of the judge’s chambers, only:

1. Where at least one of the parties is at the point of death;

2. In remote places, where there is no means of transportation; and

3. Upon the request of both parties in a sworn statement.

Does non-compliance with Art 8, on where the venue of a marriage must be, mean it is a invalid marriage?

No, this is a mere directory provision and acts as a mere defect to a formal requisite as outline in FC Article 4.

Give me the case of Madridejo v. De Leon

. MADRIDEJO v. DE LEON [1930] 💼

• FACTS: 

  • Defendants assailed the validity of the marriage between a couple, conducted in articulo mortis, because the parish priest who married the couple failed to send a copy of the marriage certificate to the municipal secretary. 

• ISSUE: 

  • W/N the parish priest’s failure to send a copy of the marriage certificate to the municipal secretary invalidates the wedding of Pedro and Flaviana 

• DOCTRINE: 

  • A marriage certificate is not an essential or formal requisite of marriage and should not be confused with a marriage license.  

• RULING: 

  • The Court held that failure to transmit the marriage certificate to the municipal secretary does not invalidate the marriage in articulo mortis, because there is no evidence pointing to the lack of essential requisites in the ceremony required by the law for the validity of marriage, and the forwarding of a copy of the marriage certificate is not one of the said essential requisites.

Does non compliance with the requirement of a priest to give a marriage certificate render the marriage invalid?

No, based on jurisprudence set out in the case of Madridejo v. De Leon this is a mere defect in the formal requisite of marriage of the ceremony.

Articles 23-24 of the FC are mere directory provisions outlining the requirement of a marriage certificate.

Give me the case of Martinez v. Tan? What does it say about the need for the declaration to be verbalized? Does it need to be verbalized?

MARTINEZ v. TAN  [1909] 💼 

• FACTS: 

  • Plaintiff and defendant (Rosalia Martinez and Angel Tan) signed a document containing a petition directed to the Justice of the Peace stating that they have mutually agreed to marry. The Justice then announced that the two were already married. There were two witnesses

  • The couple never cohabited and the plaintiff filed a complaint assailing the validity of the marriage. 
    
    

• ISSUE: 

  • W/N parties are legally married after signing a marriage contract despite not living together 
    
    

• DOCTRINE: 

  • No particular form of declaration is needed, enough that spouses appear in front of judge and witnesses and declare they take each other as spouses.

• RULING: 

  • The marriage is valid. There is no specific form of ceremony so long as the declaration of two parties’ intent to marry is made in the presence of a duly authorized solemnizing officer and two witnesses, which are present in this case.

  •  Although the parties never lived together, they were considered as legally married by virtue of the marriage certificates which both of them signed. 

When does a CMPL apply to someone?

1. Both parties are Muslim;  

2. male party is Muslim, and the marriage was performed in accordance with Muslim law;

Give me a comparison on the requisites of marriage between a Family Code marriage and a CMPL Marriage?

Family Code	CMPL
Legal Capacity  Consent Freely Given	Legal Capacity  Consent Freely Given Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and  Stipulation of customary dower (mahr) duly witnessed by two competent persons."

Give me the case of 50. MALAKI AND SALANATIN-MALAKI  v. PEOPLE [2021] 💼 

• FACTS: 

  • Petitioners, a married man and his second wife, contracted a subsequent marriage after converting to Islam. They claimed that they could not be penalized for bigamy due provisions of the Muslim Code.  

• ISSUE: 

  • W/N the parties are guilty of bigamy 

• DOCTRINE: 

  • A party to a civil marriage who converts to Islam and contracts another marriage, despite the first marriage's subsistence, is guilty of bigamy. 

  • Likewise guilty is the spouse in the subsequent marriage. Conversion to Islam does not operate to exculpate them from criminal liability. Application of CMPL is prospective. 

• RULING: 

  • The Court ruled that the consent of the wife, or the permission of the Shari'a Circuit Court if the wife refuses to give consent, is a condition sine qua non with respect to the subsequent marriage. 

  • Absent these requirements, the petitioners have contracted bigamy, which is liable under the Civil Code and Revised Penal Code.

Give me the case of Anaban v. Anaban

 ANABAN v. ANABAN [2021] 💼

• FACTS:

  •  Pedrito Anaban and Virginia Erasmo, both part of the Ibaloi tribe, got married in accordance with the native customs of the Ibaloi Tribe. They had 3 children who are the respondents in this case. 

  • This marriage was later dissolved through the council of tribe elders, which took notice of Virginia’s insanity and, therefore, approved the couple’s divorce and allowed Pedrito to remarry. 

  • He then married another Ibaloi, Pepang, also in accordance with their tribe’s customs, with whom he had 8 children.  

• ISSUE: 

  • W/N Pedrito Anaban’s divorce from Virginia Erasmo claimed to have been decreed in accordance with the Ibaloi customs is recognized under our laws 

• DOCTRINE: 

  • Customs contrary to law, public order, or public policy shall not be countenanced.  

• RULING: 

  • The Court held that the subsequent marriage is bigamous and void because there is no law that governs the divorce except for the CMPL. 

What is the presumption of marriage?

ART. 220, NCC📜 

ART. 220, NCC. In case of doubt, all presumptions favor the solidarity of the family. Thus,  every intendment of law or fact leans toward the validity of marriage, the indissolubility of the marriage bonds, the legitimacy of children, the community of property during marriage, the authority of parents over their children, and the validity of defense for any member of the family in case of unlawful aggression. 

SECTION 3(aa), RULE 131 OF THE RULES OF COURT. Disputable presumptions.— The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: 

(aa) That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage; 

● Article 220 → in case of doubt, solidarity of the family and validity of the marriage must be presumed. [was repealed by the Family Code]

● Section 3, Rule 131 → unless there is evidence to the contrary, it is to be presumed that a man and a woman cohabiting as husband and wife have entered into a lawful marriage. [still gove

VDA. DE JACOB v. CA [1999] 💼

• FACTS: 

  • Petitioner claimed to be the surviving spouse of the deceased and was appointed Special Administratrix for his various estates by virtue of a reconstructed Marriage Contract. 

  • Defendant, who claimed to be the legally-adopted son of the deceased, questioned the validity of the marriage for want of marriage license.

  • The trial court declared the reconstructed Marriage Contract as spurious due to a number of irregularities, such as the use of thumbmark by Alfredo and that there was no record in the books of the church where it was allegedly solemnized. 

• ISSUE: 

  • W/N Tomasa’s marriage to Dr. Jacob is valid 
    
    

• DOCTRINE1: 

  • No license necessary to those who have cohabitated as husband and wife for at least 5 years and have no legal impediment to enter marriage. This applied because they had lived together without any legal impediment
    
    

• DOCTRINE2:

  • primary evidence of a marriage must be an authentic copy of the marriage contract,

  • secondary evidence proving the same is admissible provided that ff are proven

    • due execution of the document and  

  • subsequent loss of the original instrument 

• RULING: 

  • The marriage was valid since the contracting parties have been living together as husband and wife for more than five years before the solemnization of the marriage so that they were exempt from the marriage license requirement under Article 76 of the Civil Code. 

  • There is a presumption in favor of their marriage existing, so even if there’s no marriage contract the photos of their marriage ceremony act as proof

Abbas v. Abbas

ABBAS v. ABBAS [2013] 💼

• FACTS: 

  • Petitioner, Pakistani, filed a declaration of nullity of his 10-year marriage with respondent for want of marriage license. He claimed that he did not apply for a marriage license, and the Civil Registrar certified that no such license was issued to the couple, and that the license was actually issued to another couple. 

• ISSUE: 

  • W/N a valid marriage license was issued to the parties  

• DOCTRINE: 

  • Secondary evidence (e.g. public documents, photographs, videos, testimonies of people who have witnessed the marriage) can be presented, but they cannot take the place of the formal requisites of marriage. 

• RULING: 

  • The marriage is void ab initio since the secondary evidence presented by the wife to show that a marriage was conducted, such as the marriage contract, photos of the wedding and testimonies from the witnesses, does not operate to cure the absence of a valid marriage license. 

  • However, the parties were also married in Taiwan prior to their marriage in the Philippines. Respondent should have proved the validity of their marriage in Taiwan, because a marriage valid where it was celebrated is valid everywhere according to Article 26 of the Family Code. This would have been more consistent with the presumption in favor of marriage. 

Give me the case of

What provision of the FC outlines the recognition of marriages outside of the country (As a general rule)

ART. 26(1), FC. 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 those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Ambrose V. CA

54. AMBROSE v. CA [1999] 💼 [Alien Husband, Pinay Wife, Celebrate in PH]

• FACTS: 

  • Paul Ambrose, an American citizen, married to Louella Suque-Ambrose, a Filipina, sought to nullify their marriage on the ground of psychological incapacity under Art. 36 of the FC of the Philippines. 

  • Marriage took place in Manila, in 2005. The RTC dismissed the petition on the ground that the petitioner lacks the legal capacity to sue, citing Art. 15 of the CC of the Philippines 

• ISSUE: 

  • W/N validity of marriage between a foreigner spouse and Filipino spouse, celebrated in the Philippines, is to be determined by Philippine law 

• DOCTRINE: 

  • Marriages validly solemnized outside the Philippines, having complied with all the requisites therein, may be considered valid in this country, following the conflict of laws principle of lex loci celebrationis.  

• RULING: 

  • The law governing the validity of a marriage is based on the place where it was celebrated (lex loci celebrationis), and Philippine law applies to marriages celebrated within the country. The petitioner, being a party to the marriage, has both the legal capacity and personality to sue for its nullity under Philippine law. Section 2 of A.M. No. 02-11-10-SC allows either spouse to file a petition for the declaration of the absolute nullity of a void marriage.