DAVOCOL, NICOLE JD-2D

1. Will a divorce law in the Philippines be constitutional or

unconstitutional? Explain and justify your answer by citing
pertinent provisions of the law and/or jurisprudence.

The constitutionality of a divorce law in the Philippines remains a

contentious issue, deeply rooted in the interpretation of the 1987
Philippine Constitution, which underscores the sanctity of marriage
and the family. Introducing a divorce law could be challenged as
unconstitutional, but this is not conclusively determined.

The 1987 Philippine Constitution, particularly Article XV, Section

2, provides that "Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the State." This
implies that the State has a duty to uphold the permanence and
inviolability of marriage. Additionally, the Family Code of the
Philippines, which currently governs marriage, does not provide for
absolute divorce, reflecting the legislative intent to preserve
marriage as an enduring bond.
The absence of a divorce law is consistent with the interpretation
that marriage in the Philippines is intended to be a permanent union.
The Supreme Court in the similar case stringent guidelines for
annulment based on psychological incapacity, further reinforcing the
permanence of marriage. Should a divorce law be enacted, it would
likely face judicial scrutiny to assess whether it undermines the
constitutional mandate to protect marriage as an inviolable.
Hence, while the Constitution does not explicitly prohibit divorce,
a divorce law may be deemed unconstitutional if it is found to violate
the principles enshrined in the Constitution regarding the protection
of marriage. The final determination would rest with the Supreme
Court, which would weigh the law against constitutional protections.

2. What constitutional provisions affect “marriage” and in what ways

do the State involve itself in marriage?

Several constitutional provisions directly affect marriage,

emphasizing the State's role in safeguarding its sanctity. The
Constitution mandates that marriage be treated as a special social
institution, with the State playing an active role in its regulation and
protection.
Article II, Section 12 of the Constitution recognizes the sanctity
of family life and mandates the protection of life, both for the mother
and the unborn from conception. Furthermore, Article XV, Section 2
establishes marriage as an inviolable social institution that the State
is obliged to protect. These provisions form the legal foundation for
the State's involvement in marriage.
The State exercises its role in marriage by implementing laws
that regulate its formation, maintenance, and dissolution. The
Family Code of the Philippines requires couples to adhere to certain
legal formalities, such as obtaining a marriage license, undergoing
a public solemnization by an authorized official, and ensuring that
there are no legal impediments to their union. Additionally, the State
protects marriage by imposing strict grounds for annulment and
legal separation, thus discouraging its dissolution. This regulatory
framework reflects the constitutional mandate to protect marriage
as a fundamental social institution.
Therefore, the constitutional provisions affecting marriage
underscore the State's duty to regulate and protect it, ensuring that
it remains a stable foundation for the family and society. Through
laws and regulations, the State actively involves itself in all aspects
of marriage, from its formation to its potential dissolution, consistent
with the Constitution's directives.

3. Why is marriage considered a “special contract” and how

different and/or similar is this from an ordinary contract?

Marriage is considered a "special contract" under Philippine law

because it is not merely a contractual agreement between two
individuals but also a social institution imbued with public interest,
which the State has a vested interest in regulating and protecting.
Article 1 of the Family Code of the Philippines defines marriage
as a special contract of permanent union between a man and a
woman, entered in accordance with the law for the establishment of
a conjugal and family life. This distinguishes marriage from ordinary
contracts, which are primarily private agreements between parties
that can be freely modified or dissolved based on mutual consent.
Unlike ordinary contracts, marriage has a broader social
purpose that goes beyond the personal interests of the individuals
involved. It requires compliance with specific legal formalities, such
as obtaining a marriage license, and is subject to regulations that
govern its validity, maintenance, and dissolution. Moreover,
marriage imposes obligations that cannot be unilaterally terminated,
such as mutual support, fidelity, and the upbringing of children. The
State's interest in marriage is also evident in the stringent legal
processes required for its dissolution, such as annulment or legal
separation, as opposed to the relatively straightforward termination
of ordinary contracts.
Therefore, marriage is distinct from ordinary contracts due to its
nature as a social institution with significant legal and social
implications. It is governed by laws that reflect the State's interest in
ensuring its stability and permanence, which are not applicable to
ordinary contracts. The classification of marriage as a special
contract underscores its importance in society and the rigorous legal
framework that protects it.

4. Rule on the validity of the following marriages by citing pertinent

provisions of law and/or jurisprudence:

a. Mayor Vicky of Pasay City solemnized the marriage of A and

B in a private ceremony held in a fancy hotel in Makati City.
Yes. The marriage is valid. Under Article 7 of the Family
Code of the Philippines, a mayor has the authority to solemnize
marriages within their jurisdiction. However, the law does not
specify that the ceremony must take place within the mayor's
jurisdiction.
While Mayor Vicky is the mayor of Pasay City, the law does
not strictly require that the solemnization occur within Pasay. As
long as the other requirements of marriage are fulfilled, such as
the issuance of a valid marriage license and the presence of
witnesses, the marriage remains valid.
Hence, the marriage of A and B, solemnized by Mayor
Vicky in a hotel in Makati City, is valid.

b. A and B’s marriage was solemnized by a religious guru from

an indigenous cultural community.
Yes. The marriage is valid. Article 7 of the Family Code
allows marriages to be solemnized by any priest, rabbi, imam, or
minister of any church or religious sect, provided they are duly
authorized by their church or sect and registered with the civil
registrar general. Furthermore, Article 78 of the Indigenous
Peoples Rights Act (IPRA) recognizes the customs and traditions
of indigenous cultural communities.
If the religious guru is recognized by the indigenous
community and the marriage follows the customs of that
community, the marriage is considered valid under Philippine
law. Additionally, the marriage must comply with the basic
requirements, such as the issuance of a marriage license unless
exempt under the law.
Therefore, the marriage solemnized by the religious guru
from an indigenous cultural community is valid, provided that the
other legal requirements are met.

c. X and Y, Filipinos, married in Hong Kong without a marriage

license.
Yes. The marriage is valid. Article 26 of the Family Code
of the Philippines states that marriages solemnized outside the
Philippines in accordance with the laws of the country where they
were performed are valid in the Philippines, provided they are
valid under the laws of that country.
If X and Y married in Hong Kong, and the laws of Hong
Kong do not require a marriage license or recognize marriages
without one, then the marriage is valid under Hong Kong law.
Consequently, the marriage would also be recognized as valid in
the Philippines.
Hence, the marriage of X and Y, solemnized in Hong Kong
without a marriage license, is valid.

d. X and Y, Filipinos, married in Manila on January 15, 2024 with

a marriage license issued in Tacloban City on November 15,
2022.
No. The marriage is void. Article 20 of the Family Code of
the Philippines states that a marriage license is valid only for 120
days from the date of issue and is considered automatically
canceled at the expiration of the period if the marriage does not
take place.
 The marriage license issued on November 15, 2022,
expired after 120 days, which would have been on March 15,
2023. Since X and Y married on January 15, 2024, their marriage
license was no longer valid at that time.
The marriage of X and Y, solemnized with an expired
marriage license, is void.

e. A, a Chinese national, 17 years old, married B, a Filipino, 21

years old, in a Catholic wedding ceremony in Tacloban.
No. The marriage is void. Article 35 of the Family Code
states that a marriage contracted by any party who, at the time
of the celebration, was below eighteen years of age is void from
the beginning, even with the consent of parents.
Since A was only 17 years old at the time of marriage, the
marriage is void ab initio, regardless of parental consent or the
religious nature of the ceremony.
The marriage of A and B is void because A was under the
age of 18 at the time of the marriage.

f. X, a Filipina, married Y, an American soldier, solely for

citizenship purposes.
Yes. The marriage is valid unless proven otherwise. Under
Philippine law, marriages are presumed valid. However, Article
45 of the Family Code provides grounds for annulment, which
include lack of consent or fraud. Marriages solely for citizenship
purposes could be challenged on these grounds.
Unless it can be proven that the marriage was entered into
without free consent or was fraudulent, it remains valid. The mere
intent of acquiring citizenship is not, by itself, sufficient to nullify
a marriage unless proven.
 The marriage of X and Y is presumed valid unless
successfully challenged in court on grounds such as fraud or lack
of consent.

g. A and B, both 21 years of age, married in Tacloban, despite

the objections of B’s parents.
Yes. The marriage is valid. Article 5 of the Family Code
requires the consent of the parties to the marriage, which must
be freely given. The legal age for marriage in the Philippines is
18, and parental consent is not required once the parties reach
the age of majority.
Since both A and B are 21 years old, they are of legal age
and do not need parental consent to marry. The objections of B’s
parents do not affect the validity of the marriage.
Hence, the marriage of A and B is valid despite the
objections of B’s parents.

h. X and Y, Filipinos, both male, married in Taiwan.

The marriage is not recognized in the Philippines. Article 1
of the Family Code of the Philippines defines marriage as a union
between a man and a woman. The Philippines does not
recognize same-sex marriages, even if legally performed
abroad.
While the marriage of X and Y may be valid in Taiwan, it is
not recognized under Philippine law because it involves a same-
sex couple.
Therefore, the marriage of X and Y, both male, is not
recognized in the Philippines.

i. X, Filipino, and Y, American, both male, married in Taiwan.

The marriage is not recognized in the Philippines. Article 1
of the Family Code defines marriage as a union between a man
 and a woman. The Philippines does not recognize same-sex
marriages, regardless of the nationality of the parties.
Even though the marriage might be valid under the laws of
Taiwan, it is not recognized in the Philippines because it involves
a same-sex couple.
The marriage of X and Y, both male, is not recognized in
the Philippines

j. A, 70 years old, male, and B, 25 years old, female, both

Filipinos, married in Manila.
Yes. The marriage is valid. Under the Family Code, as long
as both parties meet the essential and formal requisites of
marriage (such as legal capacity and consent), the marriage is
valid. The law does not impose age restrictions beyond the age
of majority for legal capacity to marry.
Despite the significant age difference between A and B,
they both meet the legal requirements to marry under Philippine
law.
Hence, the marriage of A and B is valid.

5. What is/are the duty/duties of a local civil registrar?

The primary duties of a local civil registrar involve the accurate
and timely registration of civil status documents, such as births,
marriages, and deaths, as well as the issuance of certified copies of
these records.
The duties of the local civil registrar are detailed in the Civil
Registry Law (Act No. 3753) and the Family Code of the Philippines.
These laws mandate the registrar to ensure that all acts, events,
and judicial decrees concerning civil status are properly recorded
and reported.
The local civil registrar plays a crucial role in maintaining the
integrity of civil records. This includes ensuring that marriages are
registered within the prescribed period, issuing marriage
certificates, and submitting reports to the National Statistics Office.
The registrar also has a duty to verify the completeness and
accuracy of the records before registration, as any errors or
omissions can have significant legal consequences, such as in
cases of inheritance or legitimacy of children.
The duties of a local civil registrar are vital to the proper
administration of civil status laws. Accurate registration and
issuance of civil status documents ensure the legal recognition of
personal status, which has far-reaching implications for individuals'
rights and obligations.

6. What are the legal consequences of a valid marriage in the

Philippines?
A valid marriage in the Philippines creates a range of legal
consequences, including mutual support obligations, property
relations, legitimacy of children, and succession rights. These
consequences underscore the marriage's status as a legal and
social institution with significant responsibilities and benefits.
The Family Code of the Philippines outlines the legal
consequences of marriage in various provisions, such as Articles 68
to 73, which detail the rights and duties of spouses. Additionally,
Article 147 and 148 govern property relations in marriage, while
Articles 163 to 174 address the legitimacy of children and their
rights.
Upon entering a valid marriage, spouses are bound by law to
provide mutual support and maintain fidelity. Property acquired
during the marriage is typically governed by the regime of absolute
community of property unless a different property regime is
stipulated in a marriage settlement. Children born within the
marriage are presumed legitimate and are entitled to rights of
inheritance. Furthermore, the legal status conferred by marriage
impacts succession rights, as spouses have a right to inherit from
each other under the rules of intestate succession.
The legal consequences of a valid marriage extend far beyond
the personal relationship between the spouses. They establish a
framework of rights and obligations that affect property, legitimacy,
support, and succession, reflecting the marriage's role as a
cornerstone of social and legal order in the Philippines.