Court Decrees and Legal Instruments Affecting Marriage

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Court Decrees and Legal Instruments
Affecting Marriage
Agnes VST Devanadera Acting Secretary of
Justice Solicitor General
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Topical Outline

• Marriage, Family, and the Philippine Constitution
• Marriage, a Special Contract
• Marriage and the Law
• Marriage, Family Courts and Court Procedure
• Marriage and the Civil Register
• The Role of the Office of the Solicitor General

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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
Article II, Sec. 12 of the 1987 Constitution
SECTION 12. The State recognizes the sanctity of
family life and shall protect and strengthen the
family as a basic autonomous social institution.
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I. Marriage, Family the Phil Constitution
Article XV, Sec. 1 of the 1987 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.
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I. Marriage, Family the Phil Constitution
Article XV, Sec. 2 of the 1987 Constitution
SECTION 2. Marriage, as an inviolable social
institution, is the foundation of the family and
shall be protected by the State.
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II. Marriage, a Special Contract
Article I of the Family Code of the Philippines
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.
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II. Marriage, a Special Contract
Special Contract
Marriage
regulated and controlled by the State, NOT by
the will of the parties
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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

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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