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BOLONTON, LAYCA L.
FEBRUARY 13, 2024

BSED SOCIAL STUDIES – II LAW-REALTED STUDIES (SS26)
Coverage: Article 1-14 of the Family Code of the Philippines
1. Define marriage under the Family Code.

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.
2. What are the two aspects of marriage? Explain.

The two aspects of marriage are the personal aspect and the legal aspect. The personal
aspect involves the emotional, spiritual, and social union between the spouses, while
the legal aspect pertains to the rights, obligations, and responsibilities that come with
marriage under the law.
3. What are the essential requisites of a valid marriage?

(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.
4. What are the formal requisites of marriage?

(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.
5. What are the effects of the following to a contract of marriage:

a. Absence of any of the essential or formal requisites?
The absence of any of the essential or formal requisites shall render the marriage void
ab initio, except as stated in Article 35 (2).
b. Defect in any of the essential requisites?
A defect in any of the essential requisites shall render the marriage voidable as
provided in Article 45.
c. Irregularity in the formal requisites?
An irregularity in the formal 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.
6. What is the form prescribed by law for the marriage ceremony?

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.
7. Who may contract marriage?

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.
8. Is marriage by proxy, whether in the Philippines or abroad valid? Explain.

Marriage by proxy is not valid under Philippine law, whether conducted in the
Philippines or abroad. The presence of both parties during the ceremony is necessary
for validity.
9. Who may solemnize marriages?
(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 him 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 cases 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;
or
(5) Any consul-general, consul or vice-consul in the case provided in Article 10.
10. Explain the requirement of parental consent under our present marriage law. Is
the requirement indispensable for the validity of the marriage?
The rule on parental consent is found under Article 14 of the Family Code. It states that
in case either or both of the contracting parties are between the ages of eighteen and
twenty-one, they shall 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. Non-compliance with the requirement of parental consent
does not make the marriage invalid or void but merely annullable, which means that the
marriage is valid until annulled. As a result, a petition for the annulment of the marriage
may be filed by the parents, guardian or person having substitute parental authority over
the party seeking the annulment, in that order, unless after attaining the age of twenty-
one, such party freely cohabited with the other and both lived together as husband and
wife.

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BOLONTON, LAYCA L.

FEBRUARY 13, 2024

Coverage: Article 1-14 of the Family Code of the Philippines

1. Define marriage under the Family Code.

2. What are the two aspects of marriage? Explain.

3. What are the essential requisites of a valid marriage?

4. What are the formal requisites of marriage?

5. What are the effects of the following to a contract of marriage:

6. What is the form prescribed by law for the marriage ceremony?

7. Who may contract marriage?

8. Is marriage by proxy, whether in the Philippines or abroad valid? Explain.

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