1. What is marriage?
2. What makes marriage a special contract?
3. Who is a male? Who is a female? (biological def)
4. Pursuant to Silverio, if it is by surgery, it cannot justify a change in the entry or records
of the civil registrar. The only exception is if the person is both, at least in appearance, of
both (Cagandahan).
5. Case of Atty. Falcis re the constitutionality of Art 1?
6. If you are to argue the petition to allow same sex marriage in the Philippines, how would
you have argued?
7. Will a same sex marriage celebrated abroad between two Filipinos be valid in the
Philippines?
8. What do you understand about a “permanent union”?
9. What is the purpose of marriage?
10. Is it accurate to say that marriage is for “procreation”?
11. What do you understand by a marriage being a “social institution”?
12. What are the essential requisites of a valid marriage?
13. In the absence of one or two, what is the status of the marriage?
14. Can there be “defect” in legal capacity? (no, either you have capacity or you don’t. Only
consent may have a “defect”)
15. Example of an absence of consent?
16. What are the formal requisites?
17. What does legal capacity refer to? (age, sex, absence of legal impediment)
18. Legal impediments under what articles? (37 and 38)
19. If one is considered psychologically incapacitated in connection with a previous
marriage, is he barred from marrying for lack of legal capacity? (no, di naman daw siya
kasama sa art 5 as to what constitutes legal capacity)
20. What are the formal requisites?
21. Who are authorized to solemnize marriages?
22. Does the governor have authority? (no)
23. Vice-mayor? (only if acting mayor)
24. Suppose one or more of the contracting parties believed in good faith that the Vice
Mayor has legal authority, is the marriage valid? (will this not be considered an ignorance of
the law?)
25. Can Justice Tang solemnize a valid marriage? (presiding justice of Sandiganbayan)
26. Can Judge Palamos of the RTC, can she solemnize a marriage?
27. How about a Justice of the CTA?
28. Navarro v. Domagtoy, SC said that if the Judge will solemnize a marriage outside the
jurisdiction of his court, it would be an irregularity but not tantamount to lack of authority.
Is that correct (i.e. does this mean that the last part of paragraph one is not a constitutive
element to the judiciary’s authority)? (note: case is an obiter)
29. Requirements for par 2? If there is non-compliance, will it be an irregularity or absence
of authority?
30. Requirements for par (or number) 3?
31. What are the requirements in Article 31?
32. When is there articulo mortis? When is a party at the point of death?
33. Who will determine if a party is at the point of death?
34. Does the authority of the captain of the ship with the contracting parties went to the
Diamond Hotel and the ship is somewhere is Batangas, Cavite or Manila Bay, can Article 31
be applied?
35. May an ambassador solemnize a marriage?
36. In all cases in Article 7, will the non-compliance with a requisite result to an absence or
irregularity in a formal requisite? (personal stand ni sir, absence notwithstanding the ruling
in Domagtoy)
37. Third formal requisite? Is there a prescribed ceremony?
38. Can there be a valid marriage through Zoom?
39. If one of the contracting parties is in Room 512, and the other is in 514 because one
was afflicted with Covid. Solemnizing officer goes to 512 and 514 to ask each of them if
they take each other as husband and wife, is there a valid marriage?
40. If one of the requirements in Article 6 are not present, is it an absence or an
irregularity? (view ni sir, at the very least both contracting parties should be before the
solemnizing officer)
41. If you will marry, where will you get your license?
42. Can the parties apply for a marriage license in different civil registrars?
43. If you applied in a place other than residence of either of the contracting party? Absence
or irregularity?
44. If you got a marriage license from Recto? Absence or irregularity?
45. Obtained from the Office of the Civil Registrar but the Janitor signed it. Absence or
irregularity?
46. What information should be provided by the parties in their application for marriage
license?
47. Does the registrar have discretion to deny the issuance of the license?
48. Where should the application be published? Newspaper of general circulation? (bulletin
board lang)
49. Suppose no posting, absence of requisite or irregularity?
50. Validity period?
51. Can you use the license anywhere in the Philippines?
52. What are the documentary requirements you have to submit in connection with your
application?
53. Professor Adonis Gabriel is applying for marriage license, should he be required to
submit the documentary requirements?
54.If there is a need for parental consent, may the civil registrar give the license without it?
What is the effect on the marriage? (voidable)
55.Should the instrument be formally given?
56.If there is a need for parental advise and/or counselling, may the civil registrar give the
license without it? What is the effect on the marriage? (irregularity only)
57.When may the marriage be solemnized without marriage license?
58.What do you think is the justification for Article 28? Why not require the parties to walk
to the civil registrar? (in line with the policy of the state to favor marriage)
59.May a justice of the CA solemnize a marriage in articulo mortis? (yes, art 27)
60.What are the requisites for Article 34?
61.Will the requirement that they suffer no legal impediment apply to the whole 5-year
period? (yes, ninal v bayadong)
62.Manzano-Sanchez case, there was a mention of requisites in Article 34, one of which is
“at the time of the celebration, there must be no impediment”, does this mean absence of
the 5-year period is no longer necessary?
63.If you marry outside the Philippines without a license, is you marriage valid?
64.What are the responsibilities of the solemnizing officer with respect to the issuance of a
marriage certificate?
65.If it is a marriage in articulo mortis, what are required of the solemnizing officer?
66.If one of the contracting parties is a foreigner, what is the additional requirement for the
issuance of the marriage license?
67.In the filing of a Paid a bribe, will it affect the validity of the marriage?
68.Gen rule marriage celebrated abroad in accordance with the laws abroad is valid in the
Philippines (art 26), what are the exceptions? (35 par 1, 4, 5, 6, art 35, 37, 38)
69.If marriage by proxy is allowed in a foreign country where the marriage was celebrated,
valid in the Philippines? (yes)
70.Second paragraph of art 26?
71.What is the purpose of the inclusion of paragraph 2? (to avoid the absurdity of a Filipino
who would remain married to an alien who under his national law is already capacitated to
remarry)
72.Republic v. Manalo?
73.Corpuz v Sto Tomas? Was recognition of foreign judgment recognized by the SC as a
requisite before the registration of the divorce decree in the civil register?
74.May a foreigner avail of the benefits of paragraph 2 of art 26?
75.Does it follow that the best action to file to avail of par 2 art 26 is rule 108? (yes)
76.What is the advantage of Rule 108?
77.Suppose it is an action for recognition of a foreign judgment. It was recognized by the
court. Can you then ask for the cancellation of the marriage in the civil registry?
78.What are the requirements under Rule 108? Is there a need to implead the civil
registrar? Where should it be filed? (place where the civil registrar where the marriage is
recognized sits)
79.Racho v. Tanaka? If the divorce is by agreement will it be recognized in the Philippines?
(yes, ruling in the case)
80.One of the issues in Racho was that there was no “decree of divorce” presented in court
(notice of acceptance of divorce only). How did the court rule? (sufficient for the party to
have submitted the notice even on appeal and was authenticated in accordance with the
rules of court)
81.Arreza v. Toyo, what was the issue?
