Civil Law

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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…

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    Marriage License by LCR, Exceptions: A9 Family Code

    1. Concept Art. 9. 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) Marriage license – refers to “a legal document that is needed for…

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    Places for Marriage Solemnity, A8 Family Code

    1. Venue of marriage ceremony Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point…

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    Solemnizing Officers, A7 Family Code

    1. Solemnizing Officers Art. 7. 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…

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    Marriage Celebration or Solemnity, A6 Family Code

    1. Concepts Articulo mortis – means at the point of death. Marriage declaration – refers to the parties categorically declaring that they take each other as husband and wife. Marriage certificate – refers to the documentary evidence establishing the marriage between the parties. 2. No required formalities or religious rites Art. 6. No prescribed form…

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    Legal Capacity to Marry, A5 Family Code

    1. Concept Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a) Impediments – refer to obstacles, prohibitions, or limitations. 2. Legal age 18 years of age is the minimum legal age to marry. However,…