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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSF. Marriage, General Principles (Family Code, Art. 1)1. Essential and Formal Requisites - Family Code, arts. 1-3, 5-11, 20-21, 26 and 31-35

Question

Subject: Marriage
Topic: Essential and Formal Requisites - Family Code, Arts. 1-3, 5-11, 20-21, 26, and 31-35

Diana and Mark have been living together for several years and have decided to get married. Prior to the wedding, they sought legal advice to ensure that their marriage will be valid and in accordance with the Family Code. However, certain issues arose during the consultation. Analyze the following scenarios and determine whether the essential and formal requisites for a valid marriage have been complied with or not, based on the provisions of the Family Code.

  1. Diana and Mark, both 25 years old, obtained a marriage license from the local civil registrar in their city. A week later, they had a simple wedding ceremony at a beach resort witnessed by their close friends and family members. However, they failed to secure the required parental advice or consent since both sets of parents were against their marriage.
  2. Maria and John, both 30 years old, decided to get married and went to the local civil registrar to apply for a marriage license. They were informed that they needed to undergo a pre-marriage counseling and seminar before their application can be processed. Maria and John skipped the counseling and proceeded with their wedding ceremony at a church, officiated by a priest, without securing the required certificate of attendance from the counseling seminar.
  3. Emily and Daniel, both 20 years old, had been in a long-distance relationship for two years. Due to the COVID-19 pandemic, they were unable to secure a marriage license from the local civil registrar in Daniel's hometown. However, they discovered that they can apply for a marriage license online, and through this process, they obtained the necessary document. They had a solemn and intimate wedding ceremony in Emily’s hometown shortly after.



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Bar Review Question: Subject: Marriage Topic: Essential and Formal Requisites - Family Code, Arts. 1-3, 5-11, 20-21, 26