FAMILY CODE 3.

Military Commander (CCC-AMO)

C – Commander of a unit
A. Requisites for Solemnizing Officers C – Commissioned officer
C– Chaplain must be assigned to such unit
1. Priest, rabbi, imam, or minister (WAB)
A – Said chaplain must be absent at the
W – Must act within the limits of the written
time of marriage
authority granted to him
M – Marriage must be in articulo mortis
A – Duly authorized by his church and
O – Contracting parties, whether members
registered with the civil registrar general
of the armed forces or civilians, must be
B – At least 1 of the contracting parties
within the zone of the military operation
belong to the solemnizing officer’s church
4. Consul-General, Consul, Vice-Consul
2. Ship captain or airplane chief (APS)
(FAMP)
A – Marriage must be in articulo mortis
F – Contracting parties must be both
P – Marriage must be between passengers
Filipinos
or crew members
A – Contracting parties shall appear
S – Ship must be at sea, or the plane must
personally before the CG, C, VC’s office
be in flight, or during stopovers at ports of
abroad
call
M – Declaration will be in the marriage
certificate signed by the contracting parties
 & their witnesses & attested by the • Unsworn application for a marriage
solemnizing officer license
P – If contracting parties want their • Failure of the contracting parties to
marriage in a place other than the CG, C, present original birth certificates or
VC’s office, they shall request the said baptismal certificate to the local civil
official in writing registrar who likewise failed to ask for
the same
B. Mere Irregularities
• Failure of the contracting parties
• Absence of two witnesses of legal
between the ages of 18-21 to exhibit
age during ceremony consent of parents or persons having
• Absence of marriage certificate legal charge of them to local civil
• Marriage solemnized in a place other registrar
than publicly in the chambers of the • Failure of the parties between ages
judge or in open court, in church, 21-25 to exhibit advice of parents to
chapel, or temple, or in the office of the local civil registrar
the consul-general, consul or vice- • Failure to undergo marriage
consul counseling
• Issuance of a marriage license in city • Failure of local civil registrar to post
or municipality not the residence of required notices
either of the contracting parties
 • Issuance of a marriage license P – Marriages against public policy
despite absence of publication or
prior to completion of 10-day D. Marriage License
publication period
• Failure of contracting parties to pay 1. Marriages Exempt from License (DRA-
prescribed fees for marriage license AMI)
D – Either or both of the contracting parties
• Failure of the person solemnizing the
are at the point of death
marriage to send copies of the
R – Residence of either party is so located
marriage certificate to the local civil
that there is no means of transportation to
registrar
enable such party to appear personally
C. Article 26 Exceptions (BIMBIP) before the local civil registrar
B – Either of the parties is below 18 years A – Marriage in articulo mortis between
old, even with consent of the parents passengers or crew members
I – Incestuous marriages A – Marriages in articulo mortis between
M – Mistake in identity of one of the persons within the zone of military
contracting parties operation, whether members of the armed
B – Bigamous or polygamous marriages, forces or civilians
even if contracted abroad
I – Psychological incapacity
 M – Marriages among Muslims or among S – Solemnizing officer shall state under
members of the ethnic cultural oath that he ascertained the qualifications
communities of the contracting parties are found no
I – Marriage of a man and a woman who legal impediment to the marriage
have lived together as husband and wife
for at least five years and without any legal
impediment to marry each other E. Void Marriages

2. Cohabitation for 5 Years (FITAS) 1. Void Marriages (CALBIS)

F – They must live as such for at least five C – Contracted by any party below
years characterized by exclusivity & eighteen years of age even with the
continuity that is unbroken consent of parents or guardians
I – They must be without any legal A – Solemnized by any person not legally
impediment to marry each other authorized to perform marriages unless
T – Without any legal impediment to marry such marriages were contracted with either
each other at the time of the actual or both parties believing in good faith that
marriage celebration the solemnizing officer had the legal
A – Must state the foregoing facts in an authority to do so
affidavit before any person authorized by L – Solemnized without license, except
law to administer oaths those covered the preceding Chapter
 B – Bigamous or polygamous marriages I – Incurability: must be incurable in a legal
not failing under Article 41 sense as incapacity is so enduring and
I – Contracted through mistake of one persistent with respect to a specific partner
contracting party as to the identity of the and the couple’s respective personality
other structures are so incompatible and
S – Subsequent marriages that are void antagonistic
under Article 53
3. Contrary to Public Policy Contracted
2. Elements of Psychological Incapacity between: (COS-PAAS2A-K)
(GAI) CO – Collateral blood relatives whether
G – Gravity: must be grave/serious such legitimate or illegitimate, up to the fourth
that the party would be incapable of civil degree
carrying out the ordinary duties required in S – Step-parents and step-children
a marriage P – Parents-in-law and children-in-law
A – Juridical antecedence: must be rooted A – Adopting parent and adopted child
in the history of the party antedating the A – Adopted child and a legitimate child of
marriage, although the overt the adopter
manifestations may emerge only after the S – Surviving spouse of the adopting
marriage parent and the adopted child
 S – Surviving spouse of the adopted child A – Without judicial declaration of
and the adopter presumptive death of absent spouse
A – Adopted children of the same adopter A – Where the absent spouse was
K – Parties where one, with the intention to presumed dead, and both the present
marry the other, killed that other person’s spouse and would-be spouse were in bad
spouse, or his or her own spouse faith in contracting marriage
P – Failure to comply with Art. 52 requiring
4. Can Marry Each Other: (LSG-CA) the partition and distribution of properties
L – Brother-in-law and sister-in-law and delivery of children’s presumptive
S – Stepbrother and stepsister legitimes which should be recorded in the
G – Guardian and ward appropriate civil registry and registry of
C – Parties who have been convicted of property after obtaining judgment for
adultery and concubinage declaration of nullity or annulment
A – Adopted and illegitimate child, parents
and relatives by consanguinity or affinity of 6. Declaration of Presumptive Death (ARBS)
the adopter A – Absence of the other spouse must
have been missing for 4 consecutive
5. Void Subsequent Marriages (NAAP) years, or 2 years where there was danger
N – Without judicial declaration of nullity of of death under circumstances laid down in
previous void marriage Art. 391 of the NCC
 R – That the present spouse wishes to with the other and both lived together as
remarry husband and wife
B – Well-founded belief of the present U – Either party was of unsound mind,
spouse who wishes to remarry that absent unless such party after coming to reason,
spouse is already dead freely cohabited with the other as husband
S – Present spouse must file a summary and wife
proceeding for the declaration of the F – Consent of either party was obtained
presumptive death of the absentee without by fraud, unless such party afterwards,
prejudice to the latter’s reappearance with full knowledge of the facts constituting
the fraud, freely cohabited with the other
F. Voidable Marriages as husband and wife
F – Consent of either party was obtained
1. Voidable Marriages (AUFFIS)
by force, intimidation or undue influence,
A – Absence of consent to contract
unless the same having disappeared or
marriage from the parents, guardian or
ceased, such party thereafter freely
person exercising substitute parental
cohabited with the other as husband and
authority (in that order) over one or both of
wife
the parties between 18 years old to 21
I – Either party was physically incapable of
years old, unless after attaining the age of
consummating the marriage with the other,
twenty-one, such party freely cohabited
 and such incapacity continues and U – Unknown to the other party at the time
appears to be incurable of the marriage
S – Either party was afflicted with a
sexually transmissible disease found to be 4. Fraud (NPSD)
serious and appears to be incurable N – Non-disclosure of a previous
conviction by final judgment of the other
2. Requisites for Impotence (Not-U-PIE) party of a crime involving moral turpitude
E – It exists at the time of the celebration P – Concealment by the wife of the fact
of the marriage that at the time of the marriage, she was
P – It is permanent pregnant by a man other than her husband
I – It is incurable S – Concealment of sexually transmissible
U – It is unknown to the other spouse disease, regardless of its nature, existing
Not – The other spouse must not also be at the time of the marriage
impotent D – Concealment of drug addiction,
habitual alcoholism or homosexuality or
3. Requisites for STD (SEASU) lesbianism existing at the time of the
S – Sexually transmissible disease marriage
E – Existing at the time of marriage
A– Appears incurable
S – It is serious
G. Legal Separation

1. Grounds (RPC-6-ADL-BS-LA)
R – Repeated physical violence or grossly
abusive conduct directed against the
petitioner, a common child, or a child of the
petitioner
P – Physical violence or moral pressure to
compel petitioner to change religious or
political affiliation
C – Attempt of the respondent to corrupt or
induce the petitioner, a common child, or a
child of the petitioner, to engage in
prostitution, or connivance in such
corruption or inducement
6 – Final judgment sentencing the
respondent to imprisonment of more than 6
years even if pardoned
 AD – Habitual alcoholism or drug Addiction constituting a ground for denial of the
of the respondent petition
L – Lesbianism or homosexuality of the M – Mutual guilt or where both parties
respondent have given ground for legal separation
B – Contracting by respondent of a C – Collusion between parties
subsequent bigamous marriage; P – Action is barred by prescription
S – Sexual infidelity or perversion D – Death of either party during the
L – Attempt by the respondent against the pendency of the case
life of the petitioner R – Reconciliation of the spouses during
A – Abandonment of the petitioner by the the pendency of the case
respondent without justifiable cause for
more than 1 year 3. Effects of Decree of Legal Separation
(LDC-DDDS)
2. Denial or Defenses (C3MC-PDR) L – Spouses shall be entitled to live
C – Condonation of the offense or act separately from each other, but the
complained of marriage bonds shall not be severed
C – Consent to commission of offense or D – ACP or CPG shall be dissolved and
act complained of liquidated but the offending spouse shall
C – Connivance between parties in have no right to any share of the net profits
commission of an offense or act earned by the ACP or CPG, which shall be
forfeited in accordance with the provisions S – Obligation of mutual support between
of Article 43(2) the spouses ceases
C – Custody of the minor children shall be
awarded to the innocent spouse, subject to
the provisions of Article 213 of the Family
Code
D – Offending spouse shall be disqualified
from inheriting from the innocent spouse
by intestate succession. Moreover,
provisions in favor of the offending spouse
in the will of the innocent spouse shall be
Revoked by operation of law
D – Innocent spouse may revoke the
donations made by him or by her in favor
of the offending spouse
D – Innocent spouse may revoke the
designation of the latter as a beneficiary in
any insurance policy, even if such
designation be stipulated as irrevocable