Exceptional Marriage

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This refers to "marriages exempt from the license requirement" which provide under Art. 27 of the Family Code...says: In case either or both of the contracting parties are at the point of death, the marriage maybe solemnized without the necessity of marriage license and shall remain valid even if the ailing party subsequently survives.

Articulo Mortis

The marriage referred to in this Article is the marriage in articulo mortis; i.e., or both of the contracting parties are dying or at the point of death. In such case, there is no need for marriage license because obviously, the dying party would already be dead by the time the license is issued.

What happens if the parties are survives from the point of death?

Under Art. 72 of the civil code, which is the source of the article. Provides that the marriage remains valid even if the ailing or dying party survives or does not dies.

"Corinthian 11:7 A man ought not to cover his head, since he is the image and glory of God; but the woman is the glory of man."

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Foreign Marriages of Filipinos

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Under this Articles provide that all marriages solemnized outside the Philippines in accordance with laws in force in the country where they were solemnized and valid there as such, shall also be valid in this country (Philippines), except those prohibited under art.35, 36, 37 and 38 of the code.

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 likewise have capacity to remarry under Philippines law..E.O No. 227 dated July 17, 1987...art. 26

This rule applies lex loci celebrationis

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Foreigner to get marriage in the Philippines

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This is a question arise when I have a conversation with someone in facebook. So I prefer to publicly details about it. Under Art. 21. of the family code...state that 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 person 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...

1. The capacity of a foreigner to get married in the Philippines is governed by his national law, a foreign law, so that our government offices and courts cannot take judicial notice of said law.

Hence, if he applies for a marriage license to be able to get married in the Philippines, he is required to present a certificate of legal capacity to contract marriage from the embassy or consular office of his country in the Philippines, since they are one know the national law of said foreign and whether he has capacity to marry under the law...

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Requirement for marriage if both parties previously married

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There are cases that some persons get marriage twice due to some reason. In this particular cases; the law provide the requirements to be completed before the contracting parties to get marriage.

Under Art. 13., of the code. 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 in the last preceding article, the death certificate of the deceased spouse or 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 circumstances and his or her actual civil status and the name and date of death of the deceased spouse

If the death certificate of one's spouse cannot be presented. The parties can execute an affidavit stating the facts of the death of his or her spouse.

If the applicant has had a marriage that had been annulled or declared null and void. He or she must present the judicial decision of the court.

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Requirements for the Application of Marriage License

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Under Art. 11 of the family code. Each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which specify the following:

1. Full name of the contracting party;

2. Birth place;

3. Age and date of birth;

4. Civil status;

5. If the previously married, how, when and where the previous marriage was dissolved or annuled;

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 not mother and is under the age of twenty-one years.

The application for marriage license is required to be under oath so that the applicants would tell the truth in their applications. If they lie regarding any detail therein, they will be committing perjury as punishable by law.

Any party who give wrong information would civilly, criminally, and administratively liable.

If the local civil registrar, knowing the falsity of the information in the applications, still issues the license he/she shall be civilly, criminally, and administratively liable, but marriage solemnized pursuant to said license will still valid.

The civil registrar should be careful on this matter even if he/she require to investigate the said application.

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Marriages between Filipino citizens abroad

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Those Filipino citizens abroad who want to get marriage are under art. 10. Provide that: Marriage between Filipino citizens abroad may be solemnized by a consul-general, consul, 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 performed by the said consular official.

By "Filipino citizens abroad" may mean Filipinos permanently residing abroad or who are mere transient or vacationist there.

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The Issuance of Marriage License

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Under Art. 9. A marriage license shall be issued the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriage where no license is required in accordance with law...

This provision is useful in small communities where the people know one another, because the names of the applicants for marriage license are posted by the local civil registrar under Art. 17 of the code, and any one who knows of an impediment to an intended marriage may inform him about it.

The violation of this provision will not, however invalidate the marriage license, but the party who falsified his or her application for marriage license by stating that he or she is a resident of the place where the license was applied for , is criminally liable

The solemnizing officer is not required to investigate whether or not the license was issued in the place required by law

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Public Solemnization Is Required

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The provision of the code under Art. 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 of consul-general, consul or vice consul as the case maybe, and not elsewhere, except in the marriage contracted at the point of death or in remote places in accordance with article 29 of the code or in where both of the parties request the solemnizing officer in writing in which case the marriage maybe solemnized at a house or place designated by them in a sworn statement to that effect

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List of Persons Authorized to Solemnize Marriage

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Art. 7 of the Family code says: Marriage maybe solemnize 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 him by this 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 mention in Art. 31

4. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during the military operation, likewise only in the cases mentioned in Art. 32

5. Any consul-general, consul or vice consul in the case provided in Art.10

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Appearance of the contracting parties to the solemnizing officer necessary

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Under Art. 6. of the family code: No prescribe 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 witness 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 marriage Articulo motis, 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 the said party, which fact shall be attested by the solemnizing officer...

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Minimum Ages to Contract Marriage

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Under Ar. 5. The minimum requirement to enter into marriage are as follows: Any male or female of the age eighteen years or upwards not under any impediments mentioned in Articles 37 and 38, may contract marriage.

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Marriage Void Ab Initio and Voidable Marriage

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Under Art. 4. of the Family Code of the Philippines state; The absence of any of the essential or formal requisites shall render that marriage void ab initio, except as stated in art. 35(2)

A defect in any of the essential requisites shall render the marriage voidable as provided in art. 45

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 administrative liable.

Example of the void marriages because of the absence of essential requisites;:

1. A marriage between a 14-year old girl and 16-year old boy, eve if both have parental consent, since under Art. 5 of the code, the minimum for marriage is 18.

2. A marriage between a boy of 18 and girl of 16, both with parental consent. The girl here still has no legal capacity to get married.

3. A marriage between two girls, or between two boys: Parties of the same sex cannot get married.

4. A marriage between parties who have legal impediment to get married under Arts. 37 and 38 of the code, like first cousins.

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Formal Requisite of Marriage

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Under Art. 3. of the Family code, state the formal requisite 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 the legal age.

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Essential Requisites of Marriage

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Under Article 2. of the Family Code.

No Shall be valid, unless these essential requisite are present:

1. Legal capacity of the contracting parties who must be male and female; and

2. Consent freely given in the presence of the solemnizing officer

Legal Capacity must be male and a female or of different sexes, a requisite that is dictated by biological law, since procreation cannot be realized by two person of the same sex. If through deceit or fraud, a marriage celebrated between two males or two females, therefore, the marriage is void and inexistent, and party guilty of fraud is liable to pay the other damages.

Consent of the Contracting Parties must be the consent of the contracting parties not the consent of the parents.

And the parties must personally appear before the solemnizing officer during the marriage, which requirement exclude "common law marriage" (parties just live together as husband and wife without the celebration of marriage between them) Particularly know as "live in".

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POST YOUR COMMENTS, QUESTIONS, ANSWER

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This place where you post questions, comments and answer. Please share your opinion regarding Domestic Helpers.

Ask any questions for relevant topics which affect domestic helper lifestyle abroad. Marriage problem, love affair problem, and any legal matters which affect family life...

Just click on "NO COMMENT/COMMENTS" to post

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New Domestic Helper Requirements for Abroad

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There is new REQUIREMENTS FOR DOMESTIC HELPERS TO GO ABROAD. This requirements will standardize the qualification of those who aspiring to work as Domestic Helper abroad. This will uplift the quality and help them for better salary.

These are;

1. TESDA training

This is not a new requirements for OCW's(overseas contract workers, these are skilled workers. Like; welders,canpenters,laborer,electricians, etc.)

But the requirements for Domestic Helpers is new. which is now required for them to take training at TESDA (Technical Education Skills and Development Authority). This is applicable to all whether new, former Domestic Helper, or returning Domestic Helper to their employer.

2. PDOS (Pre-Departure Orientation Seminars)

This requirements is not new but for those who work as Domestic Helpers is now required for them to have it.

3. OWWA training

The Overseas Worker Welfare Administration is also set requirements. This is requiring all Domestic Helpers to take training in six (6) days. For language proficiency depending on the language being used to which country they go.

Take Note:

For those agency base, domestic helper. This is required for them before all their papers to be process. Singapore is one of the agency base system. Because when they finished their contract they need to renew it to their agency and pay again depending on the procedures and agreement to the employers...

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REQUISITE OF MARRIAGE in the Philippines

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Under Article 1. of this code state the legal requisite of marriage. Which is;
Marriage is a special contract of permanent union between a man and a woman enter into in accordance with law for the establishment of conjugal and family life.

Summary:
1. Marriage is a "Special" contract.
2. It is a "Permanent" union
3. A union is "between a man and a woman".
4. The union must be "enter into in accordance with law."
5. The purpose of the marriage is "the establishment of conjugal and family life."

This is the basic requisite of marriage that every person should know before deciding to get marriage

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Foreign male engage to a married domestic helper

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I don't know why most foreign male, did not investigate if the Filipina Domestic Helper they engage with is married or not?

These foreign male that engage into a relationship with those Filipina Domestic Helper in Singapore, which is married don't think about family values. But they only think to have sexual relationship to those married domestic helper.

We don't blame those foreign male. Because those domestic helper lure them to make a mortal sin and do something which is against their husband. They only think about their sexual desire and not think about sin...they are committed and a shameful things to their children and family.

I wish that foreign male did not abuse their parts for not taking for granted to the weakness of those Filipina maid which after about money and sex.

They should think about the family to be broken...Domestic helper should respect themselves in that way. I am not referring to all Domestic helper but there are some which is not doing this acts of evil...

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