QuestionsQuestions (EXECUTIVE ORDER NO. 209)
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; its nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix property relations during the marriage within the limits of the Code.
1) Legal capacity of the contracting parties (must be male and female, and must have legal capacity); and 2) Consent freely given in the presence of the solemnizing officer.
1) Authority of the solemnizing officer; 2) A valid marriage license (except where exempt under Chapter 2); and 3) A marriage ceremony where the parties appear before the solemnizing officer and declare personally that they take each other as husband and wife in the presence of not less than two witnesses of legal age.
Absence of any essential or formal requisites renders the marriage void ab initio (except as stated in Article 35(2)). A defect in any essential requisites makes it voidable under Article 45. Irregularity in formal requisites does not affect validity of the marriage but the party/s responsible are liable civilly, criminally, and administratively.
Any male or female of the age of 18 years or upwards, provided no impediment under Articles 37 and 38.
No. Article 6 provides that no prescribed form or religious rite is required. However, the parties must personally appear before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife.
1) Incumbent members of the judiciary within their court’s jurisdiction; 2) Priests, rabbis, imams, or ministers duly authorized by their church/religious sect and registered with the civil registrar general, acting within the written authority, and provided at least one party belongs to that church/sect; 3) Ship captains or airplane chiefs in the cases in Article 31; 4) Military commanders in the absence of a chaplain in cases in Article 32; and 5) consuls in the case provided in Article 10.
It must be solemnized publicly either in the chambers of the judge/open court, in a church/chapel/temple, or in the consul’s office, and not elsewhere—except in point-of-death or remote-place situations under Article 29, or when both parties request in writing (sworn statement) in which case it may be solemnized at a house or place they designate.
Each files separately a sworn application stating, among others: full name, place of birth, age and date of birth, civil status, prior marriage details if any, present residence and citizenship, degree of relationship, and parents’ details; and guardian/ person in charge for those under 21 without father/mother.
When either or both parties are between 18 and 21 and have not been emancipated by a previous marriage. They must exhibit consent of the father, mother, surviving parent, or guardian/person having legal charge, in the order mentioned.
They must ask their parents/guardian for advice upon the intended marriage. If not obtained or unfavorable, the marriage license shall not be issued until after three months following the completion of publication. A sworn statement and written advice (if any) must be attached.
A certificate from an authorized priest/minister under Article 7 or a duly accredited marriage counselor must be attached stating that the parties underwent counseling. Failure to attach suspends issuance of the license for three months from completion of publication; issuance within the prohibited period subjects the issuing officer to administrative sanctions but does not affect validity of the marriage.
Void ab initio: (1) Parties below 18 even with parental consent; (2) solemnized by unauthorized person unless both parties in good faith believed officer had authority; (3) solemnized without license except those exempt in Chapter 2; (4) bigamous/polygamous marriages not covered by Article 41; (5) marriages contracted through mistake as to identity; and (6) subsequent marriages void under Article 53.
A marriage is void if a party was psychologically incapacitated at the time of celebration to comply with essential marital obligations, even if incapacity becomes manifest only after solemnization. The action prescribes in 10 years after its celebration.
Article 37 (incestuous): between ascendants and descendants of any degree; and between brothers and sisters (full or half blood). Article 38 (public policy): collateral relatives up to the fourth civil degree; step-parents and step-children; parents-in-law and children-in-law; adopting parent and adopted child; and other enumerated adoptive/related combinations, and marriages where one spouse intentionally killed the other’s spouse (or their own spouse).