Legal Capacity: sufficient to get married?

     

“The wedding is for the Bride while 
the Honeymoon is for the groom.”

My Tagalog Version:

                         

“Ang babae pinapakasalan , hindi  dinadala  kung saan-saan;
At ang asawang lalaki ang siyang dapat na magwagi sa unang gabi.”

                                     

        I overheard that cliché with impressive figurative language at   702-DZAS long time ago. 

        It is Wedding month.  Hopeless romantics like me are certainly jealous of the June Bride.


      Couples planning to get married are required to secure a valid Marriage License. Obtaining the same requires each party to have a Legal Capacity which is one of the essential requisites of a valid marriage.  Absence of Legal Capacity will render the marriage VOID ab initio or void from the very beginning.  The contracting parties must be:

1.      at least 18 years of age;

2.      a Male AND a Female;  and

3.   lack of legal impediment (each party involved should have no other   subsisting valid marriage)   

    Only a foreigner is required to get a “Certificate of Legal Capacity to Contract Marriage” from his/her embassy in the Philippines since it is his/her national law that will determine his/her capacity to marry.

       Legal capacity is necessary but not of course sufficient to say “I do” to a life-long commitment considering the huge responsibilities of being a spouse and a parent.  Other significant capacities involved are:

1. Spiritual;

2. Financial;

3. Physical;

4. Emotional; and

5. Psychological capacity.

    Contracting parties’ STABILITY of all the above capacities is indispensable to establishing an IDEAL family.  Lack or insufficiency of ANY of these will definitely make us become a burden to our would-be partner instead of a helpmate and our future children might just become a burden to society.

   

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Foreign/Mixed Marriage

Concept of Marriage

Bearing Father’s Surname: How important it is?

Under the provisions on paternity and filiation of the Civil Code, other classes of illegitimate children were recognized e.g. natural children, spurious children, etc.

But now the Family Code recognizes only 2 classes of children: legitimate and illegitimate children.

A child shall be considered legitimate if he is conceived or born during a VALID marriage. Otherwise, he shall be recognized as illegitimate child.

Bearing father’s surname is one of the rights of a legitimate child. An illegitimate child shall generally use the surname of the mother, unless his filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document such as a notarized affidavit or private handwritten instrument as mandated by R.A. 9255, amending Art. 176 of the Family Code. The Law was enacted on February 24, 2004 and has a retroactive effect meaning it applies to all illegitimate children born before or after its effectivity.

Why is the use of father’s surname important?

The giving of father’s surname to a child is more than just a tradition. Bearing the father’s surname is indicative of paternity and filiation. It denotes the father-child relationship. The identification with the father usually has extremely powerful effects on the child since the father plays a crucial role in his intellectual and social development. Moreover, a child shall be entitled to all the benefits of using the father’s surname such as support, inheritance property, good reputation, etc.

Knowing I have a great Father in heaven is quite exhilarating. I can rest in His loving arms for I am His adopted child and I bear His awesome name. The name I should guard and keep it spotless as I do with my biological father’s surname.

Marriage License: may expiration date nga ba?

    YES. Marriage license as one of the formal requisites of a valid marriage has actually an expiration date. Article 20 of the Family Code states:

“Art. 20. The license shall be valid in any part of the Philippines for a period of one hundred twenty (120) 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.”

    Any solemnizing officer who solemnizes a marriage as well as the parties thereto knowing that the license has expired may be held criminally liable UNDER Article 350 of The Revised Penal Code.

    Marriage license gives the solemnizing officer the authority to solemnize marriage and the absence of it renders the marriage void ab initio or void from the very beginning. EXCEPT in cases of: (Arts. 27,28,29 &34)

1. Marriage in Articulo Mortis (at the point of death);

2. Marriage in Remote Place; and

3. Cohabitation for 5years – provided their act of living together must be characterized by exclusivity & continuity and that they must have had no legal impediment to marry one another.

    The recent proposal of the women’s party-list group 1-Ako Babaeng Astig Aasenso (1-ABAA) that marriage license should have a 10-year-validity otherwise the marriage shall be automatically null and void is absolutely irrational.

    Because marriage license is not itself marriage. Marriage per se is a special contract.   How does it differ from any other ordinary contract?

1. The failure to sign the marriage contract will NOT affect the validity of marriage as held in the case of Loria vs. Felix, 5 O.G. 8114.

2. It has NO duration. It is permanent in nature. The parties cannot simply terminate it without legitimate grounds. Philippine jurisprudence contemplates that any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution.

3. It is the law that has the sovereign authority over the marital conflicts and obligations thus, the parties cannot stipulate the terms and conditions except the property relationships e.g. Pre-nuptial Agreement, etc.

4. Husband and Wife are obliged: (Art. 68)

- to live together;

- to observe mutual love, respect and fidelity; and

- to render mutual help and support.

5. The two parties become ONE flesh; One entity.

Genesis 2:24-25:

“²⁴ For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh. ²⁵ The man and his wife were both naked, and they felt no shame.’

    According to our Rev. Butch Conde, God has given us the best example of marriage through the marriage of Joseph and Mary. (Luke 1:26-38) Their marriage is:

1. a covenant, a commitment to God’s purpose and plan,

- it is not just a feeling but a commitment to love a spouse eternally;

2. contract to life;  

3. respect to parents;

4. commitment to the community; and

5. long-term relationship.

“KAILANGANG MAGING MAPILI, UPANG HINDI MAGKAMALI."

- Ms. Law

(Translation: It is necessary to be picky in order not to commit a great mistake.)

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I'm Pursuing Another Profession, M.D. - Matandang Dalaga :)

Legitime of the Compulsory Heirs

Filipinos generally adapt the English custom of ultimogeniture by which the youngest son succeeds the family home.

But the Philippine law respects the legitime of the compulsory heirs for the sake of family solidarity and to protect them from the unjustified anger or thoughtlessness of the testator. Article 886 of the New Civil Code defines LEGITIME as part of the testator’s property which he cannot dispose of because the law has reserved it for compulsory heirs.

Thus, the dispositions that deprive a compulsory heir of his legitime cannot be given effect albeit a WILL was validly executed by the testator.

Compulsory heirs: (Art. 887)

1. Legitimate children and descendants;
2. In default of the foregoing, legitimate parents and ascendants;
3. Widow or widower; and
4. Illegitimate Children

Take for instance, the legitime of the legitimate children is one-half (½ ) of the testator’s properties divided by the number of children.

The testator may only disinherit or omit any or all of the compulsory heirs if the causes that are expressly stated in Articles 919-921 of the Code are specified in a will.

Despite the provisions of the law, I would not mind if my legitime from my parents would be impaired. After all, the efforts or monies used to acquire the properties were produced by their very own hands. I believe, God’s blessings will enable me to buy my own property someday.

1 Peter 1:3-5

³Praise be to the God and Father of our Lord Jesus Christ!
In his great mercy he has given us new birth into a living hope through the resurrection of Jesus Christ from the dead,
⁴and into an inheritance that can never perish, spoil or fade—kept in heaven for you, ⁵who through faith are shielded by God's power until the coming of the salvation that is ready to be revealed in the last time.

Donation and Salvation: the similarities & differences

SIMILARITIES:

1.) as a GIFT

Just like Donation, Salvation is a precious GIFT, an act of liberality of God (Ephesians 2:8). Someone says:

“Salvation is not something that we achieved

but it is something that we RECEIVED.”

2.) it requires ACCEPTANCE

In the legal sense, Donation requires ACCEPTANCE by the Donee otherwise, it shall be void (Arts. 745-746, New Civil Code). Salvation likewise requires ACCEPTANCE of Jesus Christ as Lord and Savior (Romans 10:9-10).

3.) it involves giver’s sacrifices

The burden of paying the gift tax/donor’s tax belongs to the DONOR. Same thing with salvation, it costs Jesus Christ his life! (Hebrew 9:11-28)

4.) attitudes of giver

Both the Donor and Jesus Christ demonstrate altruistic and compassionate attitudes.

DIFFERENCES:

1.) Subject matter

The subject matter of donation is THING or RIGHT. Whereas, salvation assures ETERNAL LIFE.

2.) Cause of the value of prestations

Donation may be gratuitous, onerous (conditional) or remunerative. On the one hand, Salvation is always wholly gratuitous and absolute gift bestowed on us by God.

3.) Acceptance during the lifetime

The Acceptance must be made during the lifetime of the donor AND of the donee. While in salvation, acceptance must take place during the lifetime of a saved person only since Jesus’ death and resurrection are indispensable in order to redeem us from our sins.

4.) as to perfection

Donation is perfected from the moment the donor KNOWS of the acceptance by the donee (Art. 734). Conversely, Salvation is perfected at the time a saved person BELIEVES and ACCEPTS Jesus Christ as his personal Lord and Savior (faith).

Ephesians 2:8-10

⁸For it is by grace you have been saved, through faith—and this not from yourselves, it is the gift of God— ⁹not by works, so that no one can boast. ¹⁰For we are God's workmanship, created in Christ Jesus to do good works, which God prepared in advance for us to do.

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Property Relations of Spouses

Art. 74 of the Family Code. The property relationship between husband and wife shall be governed in the following order:

(1) By marriage settlements or antenuptial agreement executed BEFORE the marriage;
(2) By the provisions of the Family Code; and
(3) By the local custom.

The future spouses may, in their marriage settlement, agree on:

(1) the System of ABSOLUTE Community of Property;
(2) Conjugal Partnership of GAINS;
(3) Complete SEPARATION of Property
(4) a combination of the above regimes;
(5) any other regime, like the dowry system

Notwithstanding the provisions, I shall never enter into an antenuptial agreement just in case the man of my dreams proposes marriage to me. The “one flesh” term in the Bible is much more than sex. They are “one” not only physically but also emotionally, spiritually, intellectually, financially, and in every other way; living together to meet each other’s needs. They shall become one entity sharing their lives with each other, no longer two individuals. I also believe that contracting a marriage settlement is in anticipation of divorce.

Accordingly, in the absence of a marriage settlement, or when the regime agreed upon is void, the System of Absolute Community of Property as established in the Family Code shall govern. In this regime, the husband and wife are co-owners of ALL the properties that they bring into the marriage and those acquired during the marriage EXCEPT those exclusive property of each spouse expressly provided by Article 92, FC, such as:

(1) Property acquired during the marriage by gratuitous title;
(2) Property for personal and exclusive use of either spouse except jewelry; and
(3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage.

System of Absolute Community of Property vs. Conjugal Partnership of Gains

(1) The System of Absolute Community of Property shall govern if the husband and wife have no marital settlement agreement. The regime of the Conjugal Partnership of Gains shall govern the property relations during marriage as agreed upon in the marriage settlement.

(2) In the Absolute Community, the ENTIRE common mass of property is divided equally between the spouses, each spouse losing the ownership of the properties brought into the marriage. While in the Conjugal Partnership of Gains, only the NET PROFITS of the partnership are divided between the spouses.

Related Article:

Concept of Marriage

Foreign/Mixed Marriage

      Foreign/Mixed Marriage refers to a marriage contracted between a local (Filipino) and a Foreign national.   This phenomenon has been more widely accepted in the Philippines.

       
     But it is heartbreaking to note that some Filipina women desperately seek a foreign marriage as a means to improve their lives and rise out of poverty.        I hope they grasp what Dr. Jose Rizal said that “Edukasyon ang sagot sa kahirapan” (Education is the answer to overcome poverty) and his Letter to Blumentritt (24 December 1886), “Is it not sad, I said to my countrymen, that we have to learn from a foreigner about ourselves?”

    There are, however, Filipinos who are merely enchanted with Caucasian look and eventually fall in love with that White monkey. (ooppss sorrry :)  Heck,  I get mesmerized  with their pointed nose, brown hair, white skin, and brown, blue or green eyes!

      Foreigners should, however, be aware of our laws, particularly “Anti-Trafficking in Persons Act of 2003 -  R.A. No. 9208" that punishes a person who offers or contracts marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage.

  
        With respect to our family law, the capacity of the foreigner to get married in the Philippines is governed by his national law, a foreign law.                    Thus, he is required to secure a Certificate of Legal Capacity to contract marriage from his embassy in the Philippines in applying for a marriage license.

        If a foreign marriage (all marriages actually) is solemnized abroad in accordance with the formal requirements of the country where celebrated, it shall also be valid in the Philippines pursuant to the rule of lex loci celebrationis.

EXCEPT:

1. Either or both the parties did not have the legal capacity;
 
2. The marriage is bigamous or polygamous;
 
3. Consent of either or both parties is lacking;
 
4. One the parties is psychologically incapacitated;
 
5. Incestuous marriage; or
 
6. Void by reason of public policy.

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The Condominium Act (R.A. 4726)

I would rather live in a nice and comfortable Bahay Kubo (nipa hut) than in a condo unit no matter how luxurious and elegant it is because the latter would not permit me to have:
 

1. beautiful and lushy garden (both vegetables and ornamental plants)

 

2. clotheslines :)

 

3. yard or lawn

 

4. koi pond

               
As defined in Section 2 of The Condominium Act (R.A. 4726), a Condominium is an INTEREST in real property consisting of a separate interest in a unit in a residential, industrial or commercial building and an UNDIVIDED INTEREST in common directly or indirectly, in the land of which it is located and in other common areas of the building.

The ownership over the unit is the “separate interest” of the owner which makes him automatically a shareholder in the condominium. The most common types of condominium is referred to as a combination of both perpendicular and horizontal co-ownership. While a horizontal condominium offers the benefits of a townhouse, it is when the various units are in one place - as when one-story units all set on the ground.

The common areas and facilities are “portions of condominium property not included in the units”, whereas, a unit is “a part of the condominium property which is to be subject to private ownership.” The BOUNDARY of the unit granted are the INTERIOR surfaces of the perimeter wall, floors ceilings, windows and door thereof. The common areas are held in common by the holders of units, in equal shares one for each unit. The law mandates that said common areas shall remain UNDIVIDED, and there shall be no judicial partition thereof.

Further, it is mandated that ALL incorporators of a condominium project must be an owner of a condominium unit.

Excerpt Image http://id.tixik.com/image-101742.htm Author: Dan Aquino

Concept of Marriage

"Marriage is 100% commitment to a DEFECTIVE individual."
- George MacDonald-

Hundreds of thousands of singles just like me are longing to get married. But before considering marriage, it is indispensable to have a better understanding of its concept and the marriage per se.

Article 1. of THE FAMILY CODE OF THE PHILIPPINES defines marriage as:

“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.”

Now, let us scrutinize the aforementioned provision of the law that defines a VALID marriage as:

1. A special contract

- it is not an ordinary contract, that means parties cannot stipulate terms and conditions except in their property relations e.g. Pre-nuptial Agreement, etc. because their rights and duties are fixed by law. Hence, the law prescribes penal and civil sanctions for breach of the obligations of husband and wife.

2. Permanent

- the parties cannot simply terminate it without legitimate grounds. Philippine jurisprudence contemplates that any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution.

3. Between a Man and Woman

- The sex of the parties must be Male and Female because procreation of children through sexual cooperation (a marital obligation) is the basic end of marriage. Hence, same sex-marriage is an absolute taboo.

4. In accordance with law

- The contracting parties must comply with the essential and formal requisites provided by The Family Code.

5. For the establishment of conjugal and family life

- A mutual promise to live together in the relationship of Husband and Wife in law for life.

6. Foundation of the Family

- Marriage preserves the family unit.

7. Inviolable Social Institution

- marriage has been viewed as vital to the preservation of morals and civilization.

8. Governed by law and NOT subject to stipulation

- It is the law that has the sovereign authority over the marital conflicts and obligations thus, the parties cannot stipulate the terms and conditions except the property relationships e.g. Pre-nuptial Agreement, etc.

Is the Family Code of the Philippines in conformity with the biblical principles of marriage?

*YES.

The Bible says in Genesis 2:24-25:

“²⁴ For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh. ²⁵ The man and his wife were both naked, and they felt no shame.’

1. A special contract

- The contracting parties in an ordinary contract do not become one flesh since it is merely a meeting of minds.

2. Permanent

- Romans 7: 2

²For example, by law a married woman is bound to her husband as long as he is alive, but if her husband dies, she is released from the law of marriage.

- Marriage is a covenant with God; a lifetime commitment to ONE person.

- Malachi 2:16 ¹⁶ "I hate divorce," says the LORD God of Israel.

- Matthew :32 ³²But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become an adulteress, and anyone who marries the divorced woman commits adultery.

3. Between a Man and Woman

- Genesis 2:22

“²² Then the LORD God made a woman from the rib ^[i] he had taken out of the man, and he brought her to the man.”

- When God created a partner for Adam He created Eve - not another Adam. Apparently, God had intended the human race to be fulfilled through heterosexual marriage only, (a union between male and female) because it corresponds to the design of our bodies and because it is the normal means by which offspring are created.

4. In accordance with law

- Marriage must be in accordance with the biblical standards. The whole chapter 7 of 1 Corinthians provides essential principles for eternal marriage.

5. For the establishment of conjugal and family life

- Procreation is part of God's plan (Genesis chapters 1 and 2).

6. Foundation of the Family

Genesis 2:8

^“8 The LORD God said, "It is not good for the man to be alone. I will make a helper suitable for him."

- God’s ideal for family is participation of both mother and father in the procreation and raising of children.

7. Inviolable Social Institution

- Marriage must be a community of life.

8. Governed by law and NOT subject to stipulation

- The bible says we must submit to the authority of men.

Hebrews 13: 17

^“17Obey your leaders and submit to their authority.”