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Marriage and Annulment in Philippines

by Sophia

Is wedding ceremony necessary?

 

According to the 2013 Family and Fertility Survey commissioned by the Philippine Statistics Authority, Filipinos marry for love and self-fulfillment, to establish a family, and to ensure that children are legally recognized. Survey participants expressed that love was by far the most important reason for them to marry. However, the survey also found that rising costs of marriages and a perceived lack of jobs and income cause many Filipinos to delay getting married until later points in their lives. The report and work by trend analysts also indicates that the marriage trend has been toward less formality for a National Capital Region (Metro Manila) pool covering all social classes. National percentages do not show this, and it is possible that this trend will result in an increasing percentage of the 4 million Filipino births and 1.6 million “live” marriages ducking the requirement for a marriage license. Do Filipinos place too much importance on weddings and not enough on love and partnership to build lasting, happy marriages?

In the Philippines, a formal wedding ceremony is still the most common way of marrying. However, a separate or formal marriage ceremony is not as important as the mutual consent of the husband and wife to be husband and wife, at present and in the future. Under Philippine law, marriage is not only a contract but also creates an inviolable social institution—a relationship that is more than just a personal bond. Thus, a mere oath of current consent that both parties are husband and wife, made to each other, though not in the presence of a public official or clergy, is also a valid marriage. However, should a marriage contract or wedding ceremony occur, the absence of a required marriage license, bigamy, psychological incapacity and other grounds do exist and can be proven to void that contract. It is not easy to know how Philippine marital partnerships begin, if the government counts only those with licenses, ceremonies, or both? How common are an exchange of marital consent and a marriage agreement without a separate wedding ceremony? Why do people marry? Would a law that broadens the acceptable moment for foundational words of husband and wife to be spoken help or hurt the development of durable Filipino marital partnerships? Understanding “is wedding ceremony necessary” depends on legal, cultural, and personal preferences, as some jurisdictions require it for a marriage to be legally recognized.

 

Marriage license validity

 

Pioneer case: Nuque vs Nuque, G.R. No. 138630 August 15, 2000. The waiting period is prima facie correct. It is reckoned from the date of licensure to the date of marriage, without the possibility of variations on the rules, such as the bride’s pregnancy. Such allegation may be probed on the trial court on varied religious, religious, and other factual considerations. (Nuque v. Nunque, G.R. 138691, Apr. 10, 2000). The appellate court is reversed for the most part, for it is not legally compliant with the position of the Family Code, in any indication or prerogative with some dentist or ophthalmologist. The bride’s license expiry for overseas Filipino would suffice, as well as her Judean wedding. (Nuque v. Nuque, G.R. No. 138691, Apr. 10, 2000).

The 3-month rule for the validity of a marriage license begins on the day the marriage license is issued, which means the marriage must be celebrated in a period not less than the statutory 3-month waiting period from the issuance of the marriage license. Article 76 of the Family Code may (if liberally interpreted) be considered to prepare the couple to adapt to married life. However, in the longer period of 300 days after the celebration of the marriage, Article 73 of the Family Code provides that “The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.”

In a recent Supreme Court case, the lawyer of a party claimed that the couple still underwent the ceremony even if there was no marriage license and pointed out that there was no law requiring the presentation of an original alleged marriage license. The Supreme Court had to reiterate how parties learned from high school that a marriage license was the marriage law bent on making couples live together first. Philippine Supreme Court Jurisprudence. Knowing the marriage license validity period is essential for planning your wedding, as it dictates the timeframe within which the marriage must be solemnized

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