I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
A marriage contract is a special contract of permanent union between a man and woman that has been entered into in accordance with law in order to establish a conjugal and family life. As a social institution, it is inviolable, and its nature, consequences and incidents are governed by law and not subject to stipulation -the exception is that the property relations between the husband and wife can be agreed on.
A marriage has 2 sets of requisites: essential and formal.
Essential Requisites:
1.) The contracting parties must be male and female and have legal capacity
2.) Their consent must be made freely in the presence of the solemnizing officer (priest, pastor, etc.)
Formal Requisites:
1.) A valid marriage license
2.) The solemnizing officer must be authorized
3.) A ceremony where the parties take each other as husband and wife in the presence of the solemnizing officer and at least 2 witnesses of legal age
If any of the essential or formal requisites are absent, the marriage is void; the exception is the solemnizing officer if both parties believed in good faith that he was authorized. Note that not all priests or clergymen can automatically perform a marriage if asked. They have to get a license to officiate a marriage.
If there is a defect in any of the requisites, the marriage is voidable. If there is an irregularity in the requisites the marriage is valid but the guilty party will suffer criminal, administrative and civil charges.
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