State policy on the inviolability of marriage has been enshrined in Article 1 of the Family Code , hence, any doubt as to the validity of a marriage is to be resolved in favor of its validity. Semper praesumitur pro matrimonio

At this juncture, it is imperative that the parties be reminded of the State’s policy on marriage. Article XV of the Constitution mandates that:

SEC. 1. The State recognizes the Filipino family as the foundation of the  nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

SEC. 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

This State policy on the inviolability of marriage has been enshrined    in  Article 1 of  the  Family  Code  which  states  that:

ART. 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.

Given the foregoing  provisions of constitutional and statutory       law,  this  Court  has  held  fast  to  the  position  that  any  doubt  as  to      the  validity  of  a  marriage  is  to  be  resolved  in  favor  of  its  validity. Semper praesumitur pro matrimonio.

http://sc.judiciary.gov.ph/jurisprudence/2007/august2007/147824.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Civil Law, Family Code, Legal Maxim and tagged , , . Bookmark the permalink.

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