Tuesday, January 23, 2018

title pic Laws of the Land

Posted by admin on June 24, 2012

After a decision on marriage has been made between two contracting parties, the next phase to consider is confining, and confirming the laws pertaining to the legitimacy in the conduct of a wedding and the subsequent nature of marriage to be recognized officially.

According to the Civil Code of the Philippines, Article 3, ignorance of the law excuses no one from compliance therewith…

The 1987 Philippine Constitution, the supreme law of the land, states in Section 12 under the Declaration of Principles and State Policy states; The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution…

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.  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 property relations during the marriage within the limits provided by this code. Article 1, the Family Code of the Philippines

Before a marriage is contracted between the two parties a marriage license is required.  This is a provision under Article 11 of the Family Code of the Philippines; where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following:

(1) Full name of the contracting party;

(2) Place of birth;

(3) Age and date of birth;

(4) Civil status

(5) If previously married, how, when, and where the previous marriage was dissolved or   annulled;

(6) Present residence and citizenship;

(7) Degree of relationship of the contracting parties;

(8) Full name, residence, and citizenship of the Father

(9) Full name, residence and citizenship of the Mother;

(10) Full name, residence, and citizenship of the guardian or person having in charge, in case the contracting party has neither the father nor mother and is under the age of twenty one (21) years.

The above cited provision is applicable to Filipino citizens of any religious denominations, Roman Catholics and Protestants.  This is stipulated in The Family Code of the Philippines. Article 93 which states, freedom of religion shall be observed by public officials in the issuance of authorization to solemnize marriages.   However, for our Muslim brothers, a different code is provided as a guide in the performance of a ceremonial wedding and marriage.

Marriages among Muslims or among members of any ethnic cultural communities may be performed validly without the necessity of a marriage license, provided they are solemnized with their customs, rites or practice. Article 33, the Family Code of the Philippines.

Presidential Decree No. 1083 the “Code of Muslim Personal Laws of the Philippines under Article 13 states, the provisions of this title shall apply to marriage and divorce wherein both parties are Muslims…

The Muslim Personal Law includes all laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance and property relations between spouses as provided for in the code.

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