CHAPTER 2HUMAN RELATIONS

Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Reason for the Chapter: A chapter on Human Relations was formulated to present some basic principles that are to be observed for the rightful relationship between human beings and the stability of the social order. The lawmakers make it imperative that everyone duly respect the rights of others.

Stress of the Article

This Article stresses:

1. Acting with justice2. Giving to everyone his due3. Observance of honesty and good faith

Thus, rights must never be abused; the moment they are abused, they cease to be rights

Acting with Justice

Art. 20 – indemnification of another due to illegal actsArt. 21 – indemnification due to immoral actsArt. 24 – unfair competitionArt. 22 – unjust enrichment

Observance of Honesty and Good Faith

Art. 26 – respect for the personality and dignity of othersArt. 25 – restraint of undue extravaganceArt. 31 – independent civil actions

Honesty – careful regard for other’s rights and property

Good Faith – honest intention to avoid undue advantage of another

Bad faith does not simply connote bad judgment or negligence; it imparts a dishonest purpose or some moral obliquity and conscious doing of wrong.

Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.

Willful or Negligent Acts

The article punishes illegal acts whether done willfully or negligently. Thus, in the law of torts or quasi-delicts – “whoever by act or omission causes damage to another, there being

fault or negligence, is obliged to pay for the damage done.”

Negligence – the failure to observe for the protection of the interests of another person that degree of care, precaution and vigilance which the circumstances greatly demand, whereby such other person suffers injury.

Tort - act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages

Art. 20 introduces a broader concept of torts in our country, for it embraces: (a) the Spanish tort – based on negligence; (b) and the American tort – based on malice.

Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

Art. 21 was intended to fill in the countless gaps of the statutes, which leave so many victims of moral wrongs helpless, even though they have actually suffered material and moral injury.

Deals with acts contra bonus mores .

Article 21 Distinguished from Article 20

1. In Art. 21 – the act is contrary to morals, good customs, or public policy.

In Art. 20 – The act is contrary to law.

1. In Art. 21 – the act is done willfully

In Art. 20 – the act is done either willfully or negligently.

e.g. A student willfully humiliates a professor, causing her to have a nervous breakdown. This would be contrary to good customs and morals, and the professor can sue for damages.

Art. 22. Every person who through an act or performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.

Duty in return What Was Acquired Unjustly or Illegally

No person should unjustly enrich himself at then expense of another.

Accion in rem verso – get back what he had intentionally (but unwillingly) paid.

Essential Requisites of an “Accion in Rem Verso”

1. One party must be enriched and the other made poorer

2. There must be a casual relation between the two

3. The enrichment must not be justifiable

4. There must be no other way to recover (so if, for example, a tort or quasi-contract action is proper, it is not necessary to file a claim in rem verso)

5. The indemnity cannot exceed the loss or enrichment, whichever is less.

Art. 23. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.

Duty to indemnify even if the event causing damage was not due to the fault or negligence of the defendant, but because he received

e.g. Without Wolverine’s knowledge, a flood drives his cattle to the cultivated highland of Cyclops. Wolverine’s cattle are saved, but Cyclop’s crops are destroyed. True, Wolverine was not at fault, but he was benefited. It is but right and equitable that he should indemnify Cyclops.

Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.

Reason for the Court’s Protection of the Underdog

The law takes a great interest in the welfare of the weak and the handicapped. Thus, we have “parens patria”.

Parens Patria – literally means “father or parent of his country.” The phrase refers to the sovereign power of the state in safeguarding the rights of person under disability, such as the insane and the incompetent.

The State as parens patriae is under the obligation to minimize the risk to those who because of their minority, are yet to take care of themselves.

Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution.

Reason for Curtailing Thoughtless Extravagance

Thoughtless extravagance during emergencies may incite the passions of those who cannot afford to spend.

Only a charitable institution (whether government or private) may bring the action.

Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The ff. and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

1. Prying into the privacy of another’s residence2. Meddling with or disturbing the private life or family relations of another3. Intriguing to cause another to be alienated from his friends4. Vexing or humiliating another on account of his religious beliefs, lowly

station in life, place of birth, physical defect, or other personal condition.

Duty to Respect Dignity and Privacy

This Article enhances human dignity and personality. This is not to sought social equality, but due regard for decency and propriety.

Remedies

1. action for damages

2. an action for prevention

3. any other relief

(1) prying into the privacy of another’s residence – includes by implication respect for another’s name, picture, or personality except insofar as is needed for publication of information and pictures of legitimate news value.

(2) Meddling with or disturbing the private life or family relations of another – includes alienation of the affections of the husband or the wife; intriguing against another’s honor (gossiping, and reliance on hearsay.

(3) Intriguing to cause another to be alienated from his friends – includes gossiping, and reliance on hearsay.

(4) Vexing or humiliating – includes criticism of one’s health or features without justifiable legal cause.

Art. 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken.

Refusal or neglect in the Performance of Official Duty

The purpose of Art. 27 is to end the bribery system, where the public official for some flimsy excuse, delays or refuses the performance of his duty until he gets some kind of “pabagsak.”

Three kinds of bribes:

1. Pabagsak – gift given so that an illegal thing may be done.2. Pampadulas – gift given to facilitate the doing of a legal thing.3. pampasalamat – gift given in appreciation of a thing already done.

Art. 28. Unfair competition in agricultural, commercial or industrial enterprises, or in labor, through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage.

Reason for Preventing Unfair Competition

The provision is necessary in a system of free enterprise. Democracy becomes veritable mockery if any person or group of persons by any unjust or high-handed method may deprive others of a fair chance to engage in business or to earn a living.

While competition is necessary in a free enterprise, it must not be unfair.

Scope:

The Article speaks of unfair competition in:

1. agricultural enterprise

2. commercial enterprises

3. industrial enterprises

4. labor

e.g.

1. strike for trivial, unjust, or unreasonable cause

2. a strike carried out through force, intimidation or other unlawful means

3. cutthroat competition (where one is ready to losa if only to drive somebody else out of business)

4. selling the goods above the maximum prices set by the State

Art. 29. When the accused in criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. (2) If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground.

Criminal and Civil Liabilities

Under the Revised Penal Code (Art. 100) a person criminally liable is also civilly liable. The two liabilities are separate and distinct from each other; the criminal aspect affects the social order; the civil, private rights.

One is for the punishment of the offender; while the other is for reparation of damages suffered by the aggrieved party.

Thus, even if the accused be acquitted because of prescription of the crime, he is released only from criminal liability, not civil liability; otherwise, the victim would be prejudiced

Reason for Art. 29

Criminal liability is harder to prove than civil liability because the former demands proof of guilt beyond reasonable doubt; the other mere preponderance of evidence. Now then if criminal conviction is not obtained because of reasonable doubt, there is still a chance that the civil liability can be held to exist because of preponderance of evidence.

Proof beyond Reasonable Doubt – amount of proof which forms an abiding moral certainty that the accused committed the crime charged. NOT absolute certainty, BUT such degree of proof is more exacting than what is needed in a civil case, which is:

Preponderance of Evidence – as a whole, evidence adduced by one side outweighs that of the adverse party.

Survival of the civil liability depends on whether the same can be predicated on sources of obligations other than delict.

Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.

Civil Liability Arising from an Unprosecuted Criminal Offense (Example)

Wolverine accused Cyclops of stealing his (Wolverine’s) watch, and so He (Wolverine) brought a civil action against Cyclops to get the watch and damages. If the fiscal institutes criminal proceedings against Cyclops the civil case is suspended in the meantime (Rule 110,

Revised Rules of Court), this case not being one of those for which there can be an independent civil action. But if the case

Quantum of evidence still merely preponderance of evidence, even if the civil action arose from a criminal offense

Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.

Independent Civil Action – is one that is bought distinctly and separately from a criminal case allowed for considerations of public policy, because the proof needed for civil cases is LESS than that required for criminal cases; but with the injunction in general that in financially recovering in one case should not prevent a recovery of a damages in the other.

Instances When the Law Grants an Independent Civil Action

Art. 32 – (breach of constitutional and other rights)Art. 33 – (defamation, fraud, physical injuries)Art.34 – (refusal or failure of city or municipality police to give protection)Art. 2177 – (quasi-delict or culpa aquiliana)

Scope of Art. 31 (Obligation Not Arising from a Crime)

It contemplates a case where the obligation does not arise from a crime, but from some other act – like a contract or a legal duty.

Examples

A civil action fro recovery of government funds in the hands of a postmaster can prosper independently of a charge of malversation, since in the first, the obligation arises from law (ex lege), while in the second the obligation to return the money arises ex delicto.

Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:

1. Freedom of Religion2. Freedom of Speech3. Freedom to write for he press or to maintain a periodical publication4. Freedom from arbitrary or illegal detention5. Freedom from suffrage6. The right against deprivation of property without due process of law7. The right to a just compensation when private property is taken for public

use8. The right to equal protection of the laws9. The right to be secure in one’s person, house, papers, and effects against

unreasonable searches and seizures10.The liberty of abode and of changing the same

11.The privacy of communication and correspondence12.The right to become a member of associations or societies for purposes not

contrary to law13.The right to take part in a peaceable assembly to petition the government

for redress of grievances14.The right to be free from involuntary servitude of any form15.The right of the accused against excessive bail16.The right of the accused to be heard by himself and counsel, to be informed

of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf.

17.Freedom from being compelled to be a witness against one’s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a state witness

18.Freedom from excessive fines, or cruel or unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional and

19.Freedom of access to the courts

In any of the cases referred to in this article, whether or not the defendant’s act or omission constitute a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently or any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.

Implementation of Constitutional Civil Liabilities

The civil liberties guaranteed by the Constitution need implementation, hence the necessity for Art. 32.

Additional rights

Freedom of suffrage. Freedom from being force to confess guilt xxxx

Scope

The following can be made liable:

1. Any public officer or employee.2. Any private individual even if he is in good faith.

Remedies

The Article allows am independent civil action, whether or nor a crime has been committed, with indemnification for moral and exemplary damages in addition to other damages. In the case of exemplary damages, award thereof is discretionary with the Court.

Defendant in an Independent Civil Action to Safeguard Civil Liberties

The defendant is not the state, but the public officer involved. Hence, the consent of the state is not required.

Where the State or its government enters into contract, action may be brought in the event of breach of contract. The State may be sued even without its consent. The reason is that by entering into a contract, the sovereign state has descended to the level of the citizen, and its consent to be sued is implied from the very act of entering into such contract.

Art. 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.

Independent Civil Action for defamation, fraud, and Fraud Injuries

Art. 33 speaks of: Defamation (libel, slander or intrigue against honor) Fraud (or estafa or swindling) Physical injuries including consummated, frustrated and attempted homicide.

New Concept of Tort

Two kinds of torts in the Phils:The American concept of tort (which is done maliciously or intentionally).The Spanish concept of tort (culpa aquiliana or quasi-delict, which is based on negligence).

Is there any necessity of reserving the civil aspect of the criminal case

The independent civil action of damages arising from physuical injuries under Art. 33 may be brought by the offended party even if he had not reserved the right to file the same in the criminal case for the same injuries.

Two different courts may at the same time try the same accident, one from the criminal standpoint, the other from the standpoint of Art. 33. The result of the criminal case, whether acquittal or conviction, would be in such a case, entirely irrelevant to the civil action.

Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefore. The civil action herein recognized shall be independent of any criminal proceedings and a preponderance of evidence shall suffice to support such action.

Independent Civil Action for the Liability of City or Municipal Police Force

Primarily liability is assessed against the member of the police force who refuses or fails to render aid or protection.

Subsidiary liability is imposed on the city or municipality concerned in case of insolvency.

Does the Article Apply to the Philippine National Police (PNP) Force and to National Government?

Since Art. 34 speaks merely of a city or municipal police force, it would seem that the answer is in negative.

Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action shall be supported by preponderance of evidence. On the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. (2)If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.

Rule if No Independent Civil Action is Granted

This Article applies to cases when there is no independent civil action (such as when the liability sought to be recovered arises from a crime); and not to a tortious action such as that provided from under Art 33.

Art. 36. Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by the rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code.

Prejudicial Question – is one which must be decided first before a criminal action may be instituted or may proceed because a decision therein is vital to the judgment in the criminal case.

Two essential elements of a prejudicial question

1. The civil action involved an issue similar or intimately related to the issue raised in the criminal action

2. The resolution of such issue determined whether or not the criminal action may proceed.

CHAPTER IREQUISITES OF MARRIAGE

Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)

Characteristics

(a) A special contract between parties who, it is emphasized must be a man and a woman (no valid marriage being permissible between the same sexes.

(b) A foundation of the family; and

(c) An inviolable social institution.

Some Principles in Marriage

(a) union – physical and spiritual(b) of one man with one woman(c) reciprocal blessings(d) birth (procreation)(e) rearing(f) education of children

Marriage Distinguished from Ordinary Contract

Marriage Ordinary Contract

(a) both a contract and a social institution

(b) generally, stipulations are fixed by law

(c) can be dissolved only by death or annulment

(a) Merely a contract

(b) stipulations are generally fixed by the parties

(c) can be ended by mutual agreement and by other legal causes

Art. 2. 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 presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer ;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(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. (53a, 55a)

Essential Requisites No. 1 – Legal Capacity of the Contracting Parties

The parties must have the necessary age or the necessary consent of parents in certain cases.

There must be no impediment caused by a prior existing marriage or by certain relationships by affinity(law) or consanguinity (blood).

Essential Requisites No. 2 – Their Consent Freely Given

If there vitiated consent, the marriage is not void, it is merely voidable.

Formal Requisites No. 1 – Authority of Solemnizing Officer

Under the Family Code, even if the solemnizing officer is not authorized, the marriage would be valid if either or both parties believe in good faith in his authority to solemnize the marriage.

Formal Requisites No. 2 – Valid Marriage License

What is required is the marriage license, not the marriage certificate. In fact, a marriage may be proved by oral evidence.

Formal Requisites No. 3 – Marriage Ceremony

The ceremony must be witnessed by not less than two persons of legal age.

Note: Absence of any formal requisites, the marriage is void ab initio, unless one or both of the parties are in good faith.

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio , except as stated in Article 35 (2).

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)

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)

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a)

The husband and wife are presumed to be validly and legally married and could not be rebutted by a mere denial by the man (or woman of the fact of marriage.

Common-law Marriage – is one where the man and the woman just live together as husband and wife without getting married.

Marriage by proxy – one where the other party is merely represented by a delegate or friend. Rules:

if performed here in the Philippines, the marriage is void because physical presence of both parties is required under Art. 6 of the Family Code.

If performed abroad, ordinarily, is valid if the marriage is valid where it was celebrated.

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 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)

a marriage in articulo mortis between passengers or crew memberes may also be solemnized by a ship captain or 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.

a military commander of a unit 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.

Under the Family Code, governors, mayors, and ambassadors are not authorized to perform marriages.

Under the Local Government Code, however, mayors are now authorized to perform marriages within their jurisdictions.

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 of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. (57a)

Reason for Public Solemnization

It is based on the premise that the state takes an active interest in the marriage.

Instances Where Public Solemnization is Not Needed

(a) marriages in chambers of the Justice or Judge

(b) marriages in articulo mortis

(c) marriages in a remote place

(d) when both of the parties request in writing for solemnization in some other place

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)

Where Marriage License Should be Issued

Marriage license should be issued by the local civil registrar of the municipality where either contracting party habitually resides.

Marriages of Exceptional Character (No Marriage License is Required)

(a) in articulo mortis

(b) in a remote place

(c) marriage of people who have previously cohabited for at least five (5) years

(d) marriages between pagans or Mohammedans, who live in non-Christian provinces, and who are married in accordance with their customs.

Religious ratification of a valid marriage does not require a marriage license.

Art. 10. 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)

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) 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.

The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license. (59a)

Art. 12. The local civil registrar, upon receiving such application, shall require the presentation of the original birth certificates or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. These certificates or certified copies of the documents by this Article need not be sworn to and shall be exempt from the documentary stamp tax. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity.

If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application, such party may furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age, setting forth the full name, residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of such party. The nearest of kin of the contracting parties shall be preferred as witnesses, or, in their default, persons of good reputation in the province or the locality.

The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. (60a)

The Article sets forth the rules by which the civil registrar shall determine as to whether the parties have the required age for marriage.

Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage.

In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse. (61a)

Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. (61a)

Without the needed consent, the marriage is voidable.

Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. (62a)

if the parents refuse to give the advice and this fact is stated in sworn statement with the Civil Registrar, marriage would of course be still possible.

If the parties refuse to obtain parental advice, the marriage license must not be issued till after three months from the end of the 10-day publication. If they marry without the license, the marriage will be null and void.

Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.

Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph. (n)

Marriage is now a requirement. It is implicitly done by a priest, imam or minister, or duly accredited marriage counselor.

Art. 17. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period of publication. (63a)

Art. 18. In case of any impediment known to the local civil registrar or brought to his attention, he shall note down the particulars thereof and his findings thereon in the application for marriage license, but shall nonetheless issue said license after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance or that of any interest party. No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order. (64a)

Art. 19. The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. It shall, however, be issued free of charge to indigent parties, that is those who have no visible means of income or whose income is insufficient for their subsistence a fact established by their affidavit, or by their oath before the local civil registrar. (65a)

Art. 20. The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue, and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters on the face of every license issued. (65a)

Art. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials. Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage. (66a)

Who Can Issue the Certificate of Legal Capacity?

Diplomatic officials: ambassador, minister plenipotentiary and envoy extraordinary, resident minister, charge d'affaires

Consular Officials: consul-general, consul, vice-consul, consular agent

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 contracting party;

(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 in marriage provided for in Chapter 2 of this Title;

(5) That either or both of the contracting parties have secured the parental

consent in appropriate cases;

(6) That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases; and

(7) That the parties have entered into marriage settlement, if any, attaching a copy thereof. (67a)

This article deals with the “marriage certificate.” It is not an essential requisite of marriage

The best evidence of the existence of a marriage is the marriage certificate--- but it is not the only evidence that can be admitted to prove the existence of a marriage. Testimony of the witnesses may be admitted o this point.

Q: A man and a woman lived together as husband and wife for many years, but in the office of the Manila Civil Registry, there was no record that marriage between them had ever been celebrated. Are we to presume that they are married?

A: Yes, because of their cohabitation for many years. Moreover, the lack of marriage record in Manila does not rebut the presumption of marriage, for the marriage could have been celebrated elsewhere.

Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8. (68a)

Copies of the Marriage Certificate

(a) one for the contracting parties(b) two for the local civil registrar(c) one for the person solemnizing

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 documentary stamp tax. (n)

Art. 25. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the order in which the same are received. He shall record in said book the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary. (n)

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), 3637 and 38. (17a) Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

General Rule

If valid where celebrated, it is also valid here (lex loci celebritionis doctrine, the law of the place of celebration)

The Exceptions

(1) those contracted by any party below eighteen (18) years of age even with the consent of parents or guardians

(2) those bigamous or polygamous marriages

(3) those contracted through mistake of one contracting party as to the identity of the other

(4) those subsequent marriages that are void

(5) a marriage contracted by any party who, at the time of celebration, was psychologically incapacitated

(6) incestuous marriages (between ascendants and descendants; between brothers and sisters, whether of the full or half-blood)

(7) marriages void for reasons of public policy

Q: Wolverine, a citizen of Turkey, is validly married there simultaneously to three wives, by each whom he has children. Will the marriage be considered as valid in the Philippines?

A: For the purpose of cohabitation in the Philippines, only the first marriage should be considered as valid; but for the purpose of considering legitimacy of children, the

marriage are all to be considered as valid.

Effect of Divorce of Marriage Between a Filipino Citizen and a Foreigner

If validly obtained by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

However, if the foreign divorce is obtained by the Filipino spouse, the divorce is void.