Marriage in The Law Essay

What is marriage in the law?
Mutual consent. —No particular form for the ceremony of marriage is required, but
the parties with legal capacity to contract marriage must declare, in the presence of
the person solemnizing the marriage and of two witnesses of legal age, that they
take each other as husband and wife.
According to the [ Act No. 3613, December 04, 1929 ]

THE MARRIAGE LAW
SEC. 15. Marriage certificate.—The marriage certificate in which the contracting parties shall
state that they take each other as husband and wife, referred to in section three of this Act,
shall also contain:
(a) The full names and domiciles of the contracting parties;
(b) The age of each; and
(c) A statement that the proper marriage license has been issued under this Act and that
the contracting parties have the consent of their parents in case the male is under
twenty or the female under eighteen years of age.
SEC. 34. Authorization of priests and ministers.—Every priest or minister authorized by his
church, sect, or religion to solemnize marriage shall send to the Philippine National Library a
sworn statement setting forth his full name and domicile, and that he is authorized by his
church, sect, or religion to solemnize marriage, attaching to said statement a certified copy of
his appointment. The Director of the Philippine National Library, upon receiving such sworn
statement containing the information required, and being satisfied that the church, sect, or
religion of the applicant in the Philippine Islands and is in good repute, shall record the name
of such priest or minister in a suitable register and issue to him an authorization to solemnize
marriage. Said priest or minister shall be obliged to exhibit his authorization to contracting
parties, to their parents, grandparents, guardians, or persons in charge demanding the same.
No priest or minister not having the required authorization may solemnize marriage.
SEC. 10. Issuance of marriage license.—The municipal secretary or the clerk of the Municipal
Court of Manila, as the case may be, shall post during ten consecutive days in a conspicuous
place in the building where he has his office, a notice setting forth the full names and
domiciles, of the applicants for marriage licenses, their respective ages, and the names of
their parents if living or of their guardians if otherwise. The license applied for shall be issued
at the expiration of said period; but if either of the applicants and a priest or minister of the
religion professed by such applicant state in writing and under oath that the rules and
practices of the church; sect, or religion under which such applicant desires to contract
marriage require banns or publications prior to the solemnization of the marriage, and that
said church, sect, or religion complies with said rules and practices and has obtained the
proper certificate from the Director of the Philippine National Library, it shall not be
necessary for the municipal secretary or the clerk of the Municipal Court of Manila to
make the publication required in this paragraph, and in this case the license shall issue
immediately after the filing of the application and shall state the church, sect, or
religion in which the marriage is to be solemnized. Neither shall such publication be
necessary if the father, mother, guardian, or person in charge of each of the
contracting parties, whether the latter be over or under twenty, if male, or eighteen
years of age, if female, accompany the same when they apply for the license, in which
case such license shall be issued immediately, after preparation of a document in
duplicate signed by the persons above mentioned, the duplicate to be attached to the
license and the original to be filed.
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE II
Section 6. The separation of Church and State shall be inviolable.

STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In its relations with other
states, the paramount consideration shall be national sovereignty, territorial integrity, national
interest, and the right to self-determination.
EXECUTIVE ORDER NO. 209
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. It is the
foundation of the family and an inviolable social institution whose nature, consequences, and
incidents are governed by law and not subject to stipulation, except that marriage settlements
may fix the property relations during the marriage within the limits provided by this Code.
Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer.
TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and
fidelity, and render mutual help and support.
Same Sex Marriage
Base on INQUIRER NET in April 26, 2023 news
 MANILA, Philippines — The Philippine government is firm against same-sex marriage.

Same-sex marriage was among the recommendations made by member-states of the United Nations
Human Rights Council on the Legalization of Abortion and Divorce that was rejected by the country.
Over the weekend, Remulla also said that the country is rejecting measures such as the Sexual
Orientation, Gender Identity, and Expression Equality (SOGIE) bill.
“I think, culturally, we are not ready for that,” Remulla said.
Gender Inequality
Human Rigths Watch (Manila, June 22, 2017) – ]
Students across the Philippines experience bullying and discrimination in school because of their
sexual orientation and gender identity, Human Rights. While Philippine law provides protections
against discrimination and exclusion in schools, lawmakers and school administrators need to take
steps to ensure they are fully implemented.
The 68-page report, “‘Just Let Us Be’: Discrimination Against LGBT Students in the Philippines,”
documents the range of abuses against lesbian, gay, bisexual, and transgender (LGBT) students in
secondary school. It details widespread bullying and harassment, discriminatory policies and practices,
and an absence of supportive resources that undermine the right to education under international
law and put LGBT youth at risk.

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What is marriage in the law?

According to the [ Act No. 3613, December 04, 1929 ]

(a) The full names and domiciles of the contracting parties;

(b) The age of each; and

Section 6. The separation of Church and State shall be inviolable.

EXECUTIVE ORDER NO. 209

THE FAMILY CODE OF THE PHILIPPINES

Same Sex Marriage

Base on INQUIRER NET in April 26, 2023 news

 MANILA, Philippines — The Philippine government is firm against same-sex marriage.

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