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Court Decrees and Legal Instruments Affecting Marriage

Court Decrees and Legal Instruments Affecting Marriage. Agnes VST Devanadera Acting Secretary of Justice & Solicitor General. Topical Outline. Marriage, Family, and the Philippine Constitution Marriage, a Special Contract Marriage and the Law

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Court Decrees and Legal Instruments Affecting Marriage

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  1. Court Decrees and Legal Instruments Affecting Marriage Agnes VST Devanadera Acting Secretary of Justice & Solicitor General

  2. 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

  3. I. Marriage, Family & the Phil Constitution Marriage is: • foundation of the family • basis of society 1

  4. I. Marriage, Family & the Phil Constitution Constitutional Policy protection of the family as a basic social institution 2

  5. 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. 3

  6. 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. 4

  7. 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. 5

  8. 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. 6

  9. II. Marriage, a Special Contract Special Contract Marriage regulated and controlled by the State, NOT by the will of the parties 7

  10. 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) 8

  11. 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) 9

  12. III. Marriage and the Law • Articles 45 and 46 of the Family Code of the Philippines VOIDABLE MARRIAGES (marriages that may be annulled) 10

  13. 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 11

  14. 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 12

  15. 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 13

  16. 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 14

  17. 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.” 15

  18. 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. 16

  19. THANK YOU

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