CONTRACT OF MARRIAGE

Ordinary contract (e.g. sale, lease, partnership) vs. special contract (e.g. marriage,
employment)
Breach of promise to marry
Capacity
o At least 18 years of age
o Between male and female
Consent freely given
Marriage license
o Local civil registrar
o Exempt from the license requirement:
Marriage in articulo mortis
5-year exclusive cohabitation
Living in a remote place
Indigenous customs
Muslim marriage
Solemnizing officer
o Priest
o Judge
o Mayor
o Consul
o Military commander
o Airplane pilot
o Ship captain
Marriage ceremony
o Declaration to be husband and wife
o 2 witnesses
Marriage certificate
Parental consent
o Below 21 years old
Property regimes
o Absolute community
o Conjugal partnership
o Separation of property
Pre-nuptial agreement
Unions without benefit of marriage
Void marriages
o Lack of capacity
o Lack of marriage license
o Lack of authority of solemnizing officer
Except: if parties believe in good faith that solemnizing officer has
authority
 o Bigamy
o Mistake in identity
o Psychological incapacity
o Incestuous marriages
Between ascendants and descendants of any degree
Between brothers and sisters, whether of the full or half blood
o Marriages void by reason of public policy
Between collateral blood relatives whether legitimate or illegitimate, up
to the fourth civil degree;
Between step-parents and step-children;
Between parents-in-law and children-in-law;
Between the adopting parent and the adopted child;
Between the surviving spouse of the adopting parent and the adopted
child;
Between the surviving spouse of the adopted child and the adopter;
Between an adopted child and a legitimate child of the adopter;
Between adopted children of the same adopter; and
Between parties where one, with the intention to marry the other, killed
that other person's spouse, or his or her own spouse
Voidable marriages
o Insanity
o Below 21 years of age without parental consent
o Vitiated consent
o Sexual impotency
o Sexually transmitted disease
o Fraud
Pregnant by another man
Homosexuality
Alcoholism
Drug addiction
Convicted with a crime involving moral turpitude
Legal separation
o Repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner;
o Physical violence or moral pressure to compel the petitioner to change
religious or political affiliation;
o Attempt of respondent to corrupt or induce the petitioner, a common child, or
a child of the petitioner, to engage in prostitution, or connivance in such
corruption or inducement;
o Final judgment sentencing the respondent to imprisonment of more than six
years, even if pardoned;
o Drug addiction or habitual alcoholism of the respondent;
o Lesbianism or homosexuality of the respondent;
 o Contracting by the respondent of a subsequent bigamous marriage, whether
in the Philippines or abroad;
o Sexual infidelity or perversion;
o Attempt by the respondent against the life of the petitioner; or
o Abandonment of petitioner by respondent without justifiable cause for more
than one year.
Presumptive death and subsequent marriage
Family home
Rights and obligations
o Mutual love, respect, and fidelity
o Joint support
o Cohabitation
o Joint parental authority

 SUCCESSION

What may be inherited

o Rights
o Obligations
o Except: strictly personal rights and obligations

Last Will and Testament

o Notarial will
o Holographic will

Legitime

Children

o Legitimate
o Illegitimate
o Legitimated
o Adopted

Estate tax