01/27/18
partnerships.
a. What are the kinds of persons?
Natural persons
 Natural persons inherently have juridical
capacity which is the fitness to be the subject
of legal relations and may only be lost
through death.
 Natural persons have determined
personality through birth and shall be
considered born for all purposes that are
favorable to it, provided it be born with the
condition of the fetus bring alive at the time
it is completely delivered from the mother’s
womb.
 EXPN: if the fetus had an intra-uterine life of
less than seven months, it is not deemed
born if it dies within 24 hours after its
complete delivery from the maternal womb.
Juridical Persons
1. The state and its political subdivisions
2. Other corporations, institutions and entities
for public interest or purpose, created by
law; their personality begins as soon as they
have been constituted according to law;
3. Corporations, partnerships and associations
for private interest or purpose to which the
law grants a juridical personality, separate
and distinct from that of each shareholder,
partner or member.
 May acquire and possess property of all
kinds, as well as incur obligations and bring
civil or criminal actions, in conformity with
the laws and regulations of their
organization.
 Juridical persons mentioned in Nos. 1 and 2
of the preceding article are governed by the
laws creating or recognizing them.
 Private corporations are regulated by laws of
general application on the subject.
 Partnerships and associations for private
interest or purpose are governed by the
provisions of this Code concerning
Citizens of the PH
(1) Those who were citizens of the Philippines at
the time of the adoption of the Constitution of
the Philippines;
(2) Those born in the Philippines of foreign
parents who, before the adoption of said
Constitution, had been elected to public office in
the Philippines;
(3) Those whose fathers are citizens of the
Philippines;
(4) Those whose mothers are citizens of the
Philippines and, upon reaching the age of
majority, elect Philippine citizenship;
(5) Those who are naturalized in accordance with
law.
 Naturalization and the loss and reacquisition
of citizenship of the Philippines are governed
by special laws.
b. What is Marriage according to the Family
Code or E.0. 209 as amended?
- Art. 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.
c. Distinguish between marriage and an ordinary
contract.
Marriage Ordinary Contract
A special contract A mere contract
Governed by law on Governed by the law
marriage (Family on contracts (Book IV
Code, E.O. 209) of the NCC)
An inviolable social It is not an inviolable
institution social institution
 Not subject to Subject to stipulation force, intimidation or threat- and it must
stipulation except be given in the presence of the
only with regards to solemnizing officer.
marriage settlement - A marriage wherein consent is not free,
(economic regime) but tainted with force or threat is
which the parties may voidable,
agree upon before
f. What are the formal requisites of marriage?
the marriage
 Authority of solemnizing officer
Legal capacity is Minors (below 18)
required may contract thru - Officiating officer must be clothed with
their parents or the power to marry. The authority of the
guardians incumbent member of the judiciary is
The contracting There can be two or conterminous with his incumbency as
parties must only be more parties and the such. Once his membership to the
two and one is male, difference of gender judiciary is terminated for any cause, the
and the other is is not material authority ceases.
female - As regards to ecclesiastical solemnizers,
Terminated by death Terminated upon their authority depends upon the limit
or declaration of expiration of the term imposed in their written authority
nullity or annulment of the contract upon granted them by their respective
due to legal cause fulfillment of the churches or sects.
condition for which it
 A valid marriage license –
was entered into,
rescission, by mutual - The written permission issued by the
agreement of the civil registrar to the contracting parties
parties or through authorizing their marriage before any
other causes. authorized solemnizing officer.
- In brief, it is the authority to marry.
d. Who may contract marriage? - Good for only 120 days from date of
- Any male or female of the age of eighteen years issuance and will be deemed
or upwards not under any of the impediments automatically cancelled if not used
mentioned in Articles 37 and 38, may contract within the same period.
marriage. - Must be valid, otherwise the marriage
will be deemed celebrated without a
d.1 Silverio v. RP (G.R. No. 174689) license = marriage is VOID.
d.2 RP v. Cagandahan (G.R. No. 166676) - A license issued one day after the
celebration of the marriage will not
e. What are the essential requisites of marriage? validate the marriage = marriage is VOID.
 Legal Capacity - Availability and presence of the license
- Means that the parties (man and must be at the time of the celebration of
woman) are at least 18 years of age and the marriage.
are not barred by any impediment to - A license is not required in marriages of
marry each other. exceptional character
 Consent Marriage ceremony
- Conformity. The mandate of the law is - The solemnization of the marriage.
clear. It must be free – not the result of - No prescribed form of religious rite.
 - Necessary for the contracting parties to Marriage officiated vitiated by fraud,
appear personally before the by a solemnizer w/o force or intimidation.
solemnizing officer and declare in the authority (formal
presence of no less than two witnesses requisite) is also void,
of legal age that they take each other as subject to the
husband and wife. exception that if the
parties of either of
them had believed in
g. Is marriage contract an essential or formal
good faith at the time
requisite of marriage? of the marriage that
- It is neither both. It is not included in the said officer has the
requisites of marriage stated in Article 2. The authority to do so the
certificate is just an evidence of the marriage and marriage is valid.
for that purpose is said to be the best evidence
to prove the marriage. j. What is the effect of irregularity in the formal
requisites on the marriage?
g.1 Discuss De Loria v. Felix (G.R. No. L-9005) When a formal requisite is defective or suffers
from any irregularity, the marriage remains valid
h. Discuss Article 4 of the Family Code but the party of parties responsible thereof
Art. 4 incurs civil, criminal, and administrative liability.
The absence of any of the essential or formal
requisites shall render the marriage void ab initio k. Discuss Article 5 of the Family Code
except as stated in Article 35. Any male or female of the age of eighteen years
A defect in any of the essential requisites shall or upwards not under any of the impediments
render the marriage voidable as provided in mentioned in Articles 37 and 38 may contract
Article 45. marriage.
An irregularity in the formal requisites shall not
affect the validity of the marriage but the party l. Discuss Article 6 of the Family Code.
or parties responsible for the irregularity shall be No prescribed form or religious rite for the
civilly, criminally, and administratively liable. solemnization of the marriage is required. It shall
be necessary, however, for the contracting
i. Distinguish between absent and defective parties to appear personally before the
requisites. solemnizing officer and declare in the presence
Absent Requisite Defective Requisite of not less than two witnesses of legal age that
If a requisite is absent When the essential they take each other as husband and wife. This
whether it is essential requisite is defective, declaration shall be contained in the marriage
or formal, the the marriage is certificate which shall be signed by the
marriage is void from voidable. = It is valid contracting parties and their witnesses and
the beginning. until annulled.
attested by the solemnizing officer.
Consequently, a A marriage between
marriage w/o license the age of 18 – below
(formal requisite) and 21 years w/o parental m. What is the rationale behind marriage
a marriage w/o any consent is voidable. ceremony?
marriage ceremony Also when the - The ceremony required in Article 6 is necessary
(formal requisite) are consent of the to prevent the recognition of common law
void. contracting parties is marriages in the Philippines.
 Common-law marriage
– one contracted into by the contracting
parties (man and woman) by entering
into an agreement or arrangement,
whereby they voluntarily take each
other as husband and wife and this
declaration is consummated by their
cohabitation with the assumption of
marital duties and obligations. There is
no solemnizing officer involved.
- A consummated agreement between
persons legally capable of making
marriage contract, per verba de
praesenti, followed by cohabitation.
n. What is a proxy marriage?
Proxy Marriage
- Where a partner who is absent in the
wedding ceremonies is represented by
an authorized representative.
- This is void since personal appearance is
mandatorily required.
- EXP: If solemnized abroad and valid
there as such, it is also valid in the PH.
o. Who may solemnize a marriage?
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;
(5) Any consul-general, consul or vice-consul in
the case provided in Article 10. (56a)
- Members of the judiciary
- Any incumbent member of the judiciary may
solemnize marriage. (only within their respective
territorial jurisdiction)
- All incumbent judges of lower courts and
justices of the appellate courts are included. Also
the justices of the Sandiganbayan.
- However, officers exercising only quasi-judicial
functions are not included.
p. Discuss Article 8 of the Civil Code.
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)

(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;