2. Applicability of PD 1083:
What law shall govern the following marriages?
1. Both parties are Muslims = PD 1083
N.B. There is a presumption that their marriage between both Muslims was solemnized in
accordance with Muslim law or PD 1083. (Zamoranos vs. People)
Q1: Both Muslims got married under civil rites or NOT in accordance with Muslim law, what
law applies?
A: Civil/Family Code applies. (There are differing views for this kind of marriage)
Q2: If Both Muslims got married under Muslim law or PD 1083 then remarried under civil
rites, what law applies?
A: PD 1083 applies as decided by the Supreme Court in the case of Sumagka vs.
Sumagka and Zamoranos vs. People.
Q3: If both Muslims got married under Muslim law or PD 1083 then they subsequently
registered with the Local Civil Registrar, what law applies?
A: PD 1083. Registration of marriage is NOT the same with the act of solemnization of
marriage.
3. Applicability of PD 1083:
What law shall govern the following marriages?
2. Only the male (husband) is a Muslim and the marriage was solemnized in
accordance with Muslim law or PD 1083. = PD 1083
3. Only the male (husband) is a Muslim and the marriage was NOT solemnized in
accordance with Muslim law or PD 1083. = Civil/Family Code
*Article 13 of PD 1083 provides that it governs marriages solemnized at any part of the
Philippines.
Q: What if the marriage was solemnized outside of the Philippines, what law governs?
A: The law where they got married shall govern as to the validity of the marriage. This is based on the
legal maxim lex loci celebrationis and Article 26 of Family Code.
4. Applicability of PD 1083:
Jurisprudence (cases decided by Supreme Court) in relation to Article 13 of PD 1083:
Sumagka vs. Sumagka (June 10, 2019)
- The second marriage (civil rites) does not supersede the first marriage (Muslim rites) where the parties are the same.
The second marriage is merely considered ceremonial.
Tamano vs. Tamano
- New Civil Code (not PD 1083) governs the marriage of Tamano and first wife.
- PD 1083 does not apply retroactively
- PD 1083 (or any jurisprudence) provides for situation where both Muslims were married in Muslim and in civil
rites.
- Therefore, Tamano was liable for bigamy
Nollora vs. Nollora
- PD 1083 does not apply. Second marriage of Nollora was not in accordance with Muslim Code. His conversion
certificate were not accepted as evidence because it conflicts with the marriage certificate. He is then liable for
bigamy.
Zamaranos vs. People (June 1, 2011)
- In combined Muslim-Civil marriages, whichever comes first is the validating rite, the second second rite is
merely ceremonial one.
5. Marriage (Nikah):
- Nikah literally means uniting together. It technically means contract of legalization of
intercourse and the procreation of children.
A. Nature:
1. Civil Contract
- there must be meeting of the minds (consent)
2. Social Institution
- its sanctity is protected by the state (through the government) and Islam itself.
6. Marriage:
B. Essential Requisites:
1.Legal capacity of the contracting parties;
2. Mutual consent of the parties
3. Offer (ijab) and acceptance witnessed by at least two competent persons after the proper
guardian in marriage (wali) has given his consent;
4. Stipulation of customary dower (mahr) duly witnessed by two competent persons.
C. Formal Requisites:
1. Marriage Ceremony
2. Authority to Solemnize Marriage
7. Essential Requisite: Legal Capacity to Marry
Legal capacity to marry – parties should be at the a) right age and b) without legal
impediment.
I. Age
A. Muslim Male:
- At least 15 years old
B. Muslim Female:
- At age of puberty and upwards
If 15 years and above, presumed to have attained puberty.
If less than 15 but not below 12 years of age (12-14 years old) = Shariah District Court, upon petition of
proper wali, may order solemnization of marriage.
If less than 12 years old of age = betrothal which can be annulled.
Requirements for Annulment of Betrothal (khiyar al-bulugh):
1. Married as a minor aged less than 12 years old;
2. Filed within four years after attaining the age of puberty,
3. No voluntary cohabitation has taken place
4. Wali who contracted the marriage was other than the father or paternal grandfather.
II. Absence of Legal Impediment
8. Essential Requisite: Mutual Consent
Mutual consent – must be a) freely given and b) without vice of consent
Vices of Consent:
1. Coercion – by use force or threat
2. Fraud or Deception
Forms of Consent:
1. Express
2. Implied
9. Essential Requisite:
Offer and Acceptance duly Witnessed after Wali gave consent.
1. The offer and acceptance must be witnessed by at least two (2) competent persons.
Competent person – one who can perceive, remember and narrate the event.
Significance of witnesses:
A. For publicity
B. Proof of marriage.
2. The offer and acceptance must be after the guardian (wali) has given his consent.
Who can be a guardian (wali)?
The following can be a guardian (in order of priority):
1. father
2. paternal grandfather
3. brother
4. other paternal male relative
5. paternal grandfather’s executor or nominee
6. the court
10. Essential Requisite: Dowry (Mahr)
Dowry/Dower (Mahr)
- is considered a free gift by the husband to the wife.
- it must be lawful and within the commerce of men.
- Kinds: (Article 20)
1. Mahr Musamma (fixed dower) – fixed by parties
Prompt dower
Deferred dower
2. Mahr mithl (proper dower) – fixed by court based on social standing of the parties
Q: When can dowry be paid?
A: May be paid before, during or after marriage.
Q: What happens if husband died before full payment of dowr?
A: Unpaid dowry shall be claimed from the estate of the husband.
11. Essential Requisite: Dowry (Mahr)
Q: What will make the dowry due and demandable in full and becomes irrevocable?
A: It is immediately due and demandable in full and will become irrevocable by reason of
valid retirement.
Principle of Valid Retirement:
- The spouses were in a place and situation where they are together in seclusion or privacy without
any impediment to consummate the marriage by sexual relation.
Q: What can prevent valid retirement of marriage?
A: The following are impediment to valid retirement:
Corporal impediment – sickness or injury
Legal impediment – e.g. in fasting, in state of ihram,
Natural impediment – e.g. woman is in her monthly period
Religious impediment -
Moral impediment -
12. Formal Requisites: Marriage Ceremony
A. Marriage Ceremony
- ceremony is required but NO particular form is required
- the offer and acceptance must be declared publicly in the presence of the of the guardian (wali)
and at least two competent witnesses.
- Said declaration must be put in writing (in an instrument) in triplicate signed by the parties
and witnesses and attested by the solemnizing person.
Q: Where can the marriage be solemnized?
A: it shall be solemnized publicly in: (Article 19)
1. Mosque
2. Office of the Shari’ah judge
3. Office of the District or Circuit Registrar
4. Residence of the bride or her wali
5. Any other suitable place agreed upon by the parties
13. Formal Requisites: Authority to Solemnize Marriage
B. Authority to Solemnize Marriage
Who are authorized to solemnize marriage?
1. Proper wali of the woman to be wedded.
2. Upon authority of the proper wali, by any person who is competent under Muslim law to
solemnize marriage
3. Judge of the Shariah District or Circuit Court or any person designated by the judge, should
the proper wali refuse without justifiable reason to authorize the solemnization.
14. Breach of Contract to Marry
Breach of contract to marry:
- is NOT the same with breach of promise to marry.
The person who breached the contract to marry is liable for damages if:
1. breach is intentionally done in bad faith (without justifiable cause or excuse);
2. the other party is willing to proceed to the marriage;
The following can be claimed by the person who was stood up:
1. Actual damages
2. Moral damages
3. Other damages as may be granted by the court (e.g. exemplary damages)
