Court Decrees and Legal Instruments
Affecting Marriage
Agnes VST Devanadera Acting Secretary of Justice & Solicitor General
Topical Outline
I. Marriage, Family, and the Philippine Constitution
II. Marriage, a Special Contract
III.Marriage and the Law
IV.Marriage, Family Courts and Court Procedure
V. Marriage and the Civil Register
VI.The Role of the Office of the Solicitor General
I. Marriage, Family & the Phil Constitution
Marriage is:
foundation of the family
basis of society
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I. Marriage, Family & the Phil Constitution
Constitutional Policy
protection of the family as a basic social institution
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I. Marriage, Family & the Phil Constitution
SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.
Article II, Sec. 12 of the 1987 Constitution:
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I. Marriage, Family & the Phil Constitution
SECTION 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
Article XV, Sec. 1 of the 1987 Constitution
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I. Marriage, Family & the Phil Constitution
SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
Article XV, Sec. 2 of the 1987 Constitution:
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II. Marriage, a Special Contract
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.
Article I of the Family Code of the Philippines
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II. Marriage, a Special Contract
Marriage
regulated and controlled by the State, NOT by the will of the parties
Special Contract
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III. Marriage and the Law
Articles 2 and 3 of the Family Code of the Philippines
REQUISITES OF A VALID MARRIAGE (essential and formal requisites)
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III. Marriage and the Law
Articles 4, 35, 36, 37, 38, 40, 41, 44, and 53 of the Family Code of the Philippines
VOID MARRIAGES (marriages that are void from the beginning)
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III. Marriage and the Law
Articles 45 and 46 of the Family Code of the Philippines
VOIDABLE MARRIAGES (marriages that may be annulled)
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III. Marriage and the Law
Article 220 of the Civil Code
ARTICLE 220. In case of doubt, all presumptions favor the solidarity of the family. Thus, every intendment of law or fact leans toward the validity of marriage, the indissolubility of the marriage bonds, xxx
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IV. Marriage, Family Courts and Court Procedure
Act No. 3753 or the Civil Registry Law
established the civil register in the Philippines
records: acts, events, legal instruments, and court decrees concerning civil status of persons
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IV. Marriage, Family Courts and Court Procedure
Register of Court Decrees/Orders
Annulment of Marriage Declaration of Absolute Nullity of Marriage Legal Separation Court Order Setting Aside the Decree of Legal
Separation Declaration of Presumptive Death of the Absent
Spouse Judicial Declaration of Absence 13
IV. Marriage, Family Courts and Court Procedure
Rule 69 to 71, Title Nine of NSO Administrative Order No. 1-93, the IRR of Act No. 3753 and Other Laws on Civil Registration
acts and omissions punished under specified law relating to civil
registration
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V. The Role of the Office of the Solicitor General
Republic of the Philippines vs. Crasus L. Iyoy (2005)
“The Solicitor General is authorized to intervene, on behalf of the Republic, in proceedings for annulment and declaration of nullity of marriages.”
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V. The Role of the Office of the Solicitor General
Sections 5, 18, 19 and 20 of A.M. No. 02-11-10-SC, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages
Recognizes the authority of the Sol Gen to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal to higher courts.
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THANK YOU
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