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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

I. Marriage, Family & the Phil Constitution


Constitutional Policy

protection of the family as a basic


social institution

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.

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.

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.

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.

II. Marriage, a Special Contract


Marriage

Special
Contract

regulated and controlled by


the State, NOT by the will of the
parties

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)

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)

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

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