Family Code

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    Void Marriages, A35-44 Family Code

    1. Concept 1) Void marriages are no marriages. (Tan-Andal v. Andal, En Banc, G.R. No. 196359, 11 May 2021, Per Leonen, J.) 2. Grounds Void Marriages Absence of a marriage requisite Psychological Incapacity Incestuous Marriages Contrary to Public Policy Re-Appearance of Absentee Spouse NB: Click on any of the above grounds for more information. 3….

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    Marriages with Prior 5-Year Cohabitation, A34 Family Code

    1. Concept Cohabitation – means “to live together as or as if a married couple”. (Merriam-Webster Online Dictionary) 2. Marriages with Prior 5-year Cohabitation Art. 34. 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…

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    Marriages in Remote Residences, 28-32 Family Code

    1. Concept Remote places – refer to “[r]emote areas are far away from cities and places where most people live, and are therefore difficult to get to.” (Collins Dictionary) 2. Marriages in Remote Places Art. 28. If the residence of either party is so located that there is no means of transportation to enable such…

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    Marriage in Articulo Mortis, A27, 29-32 Family Code

    1. Concept Articulo mortis – means “at the point of death”. (Merriam-Webster Online Dictionary) 2. Marriage in articulo mortis Art. 27. 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…

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    Foreign Marriages, Divorces, A26 Family Code

    1. Rules on foreign marriages Art. 26. 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), 36, 37 and 38. (17a)…

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    Duties of Local Civil Registrar: Articles 24, 25, Family Code

    1. Duties of the LCR Art. 24. It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties without any charge in both cases. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from…

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    Marriage Certificate: Articles 22, 23, Family Code

    1. Concept Marriage certificate – refers to documentary evidence attesting to the fact of marriage between individuals. 2. Contents of a Marriage Certificate Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also state: (1) The full name, sex and age of each…

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    Marriage License, Requirements and Procedure, A11-21 Family Code

    1. Concept Sworn application – means that the document is under oath or notarized. 2. Marriage license application a. Sworn application Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following: (1)…

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    Marriages Abroad by Filipinos, A10 Family Code

    1. Authority of consul-general, consul, vice-consul Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines. x x x 1) The authority of the consul-general, consul, or vice-consul (the “consul officials”) is limited only to marriages between Filipino citizens. Thus, they are not…