Arts. 1 26 FC

STUDY GUIDE (Articles 1-26, Chapter I, Title I, The Family Code) 59
THE FAMILY CODE

OF THE PHILIPPINES
TITLE I
MARRIAGE
CHAPTER 1
REQUISITES OF MARRIAGE
(Arts. 1-26)
STUDY GUIDE :
CAVEAT: It will be to your best interest if you make sure that

you finish all reading assignments and/or directives in accordance
with the timeframe outlined in the course syllabus.
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
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relations during the marriage within the limits provided by

this Code. (52a)
Why is marriage a special contract? How do you distinguish it from an

ordinary contract?
Expound on the concept that marriage is an inviolable social institution.
What is the duration of a contract of marriage?
Is there any aspect of marriage which can be the subject of agreement

between the parties?
Is a contract of marriage valid if there is no marriage certificate to prove its

existence?
Every presumption is in favor of the validity and good faith of Philippine

marriage. Semper praesumitur pro matrimonio. The burden of proof to show
the nullity of the marriage rests upon the party seeking its nullity.
APPLICATION/PROBLEMS:
1. Five years after their marriage, Quiana left Kiko due to irreconcilable
differences. She, and the 3 children, went to live with her mother in their old
house. Kiko periodically visited the kids, and continued to give support to his
family. After ten years, while the couple was in good terms, Quaina and Kiko
knew that they could no longer be together; hence, they entered into a contract
allowing each other to enter into other relationships, and permitting them to have
carnal knowledge with third parties. The agreement was made in writing, and
was notarized by a lawyer. Is this agreement valid?
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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. (53a)
What are the essential requisites of marriage?
What are the 3 components that make up legal capacity as an essential

requisite of marriage? (Arts. 5, 37 & 38, FC)
When is the minimum age for marriage required to be possessed by the

contracting parties thereto? Are the parties required to be of legal age at the
time of their application for a marriage license? Are the parties required to be of
legal age at the time of the celebration of the marriage?
Can a homosexual (turned female), who had his sex reassigned (formerly
referred to as sexual change) by medical operation, validly marry a male
partner?
ANSWER: NO. A strict interpretation of Article 2(1) will render such

marriage void because the basis of the sex of a Filipino before the eyes of the
law is what appears in his/her correct record of birth.
In Silverio vs. Republic, G.R. No. 174689, October 22, 2007, the Supreme
Court held that:
Under the Civil Register Law, a birth certificate is a historical record of the
facts as they existed at the time of birth. Thus, the sex of a person is
determined at birth, visually done by the birth attendant (the physician or
midwife) by examining the genitals of the infant. Considering that there is no
law legally recognizing sex reassignment, the determination of a persons sex
made at the time of his or her birth, if not attended by error, is immutable.
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However, you have to READ this case in its original text:

Republic vs. Jennifer Cagandahan, G.R. No. 166676, September 12,
2008, 565 SCRA 72. The Supreme Court in this case affirmed the
decision of the trial court which granted the correction of entries in the
petitioners birth certificate to change her sex or gender from female to
male, and her name from Jennifer to Jeff. While the sex of a
person as appearing in his record of birth can no longer be changed,
find out what was the legal basis for the Supreme Courts ruling in this
case.
How is consent, as an essential requisite, manifested by the parties to the

marriage? (Art. 3[3], FC.)
Under Article 6, there is only one way of manifesting consent to the

contract of marriage, i.e., the contracting parties must appear personally 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.
Based on the marriage ceremony perfomed, consent may also be implied

by the acts of the parties, such as by sign language, if they are deaf and mute.
ART. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided
for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the
appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each
other as husband and wife in the presence of not less than
two witnesses of legal age. (53a, 55a)
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What are the formal requisites of marriage?
Under Article 35(2) of the Family Code, a marriage solemnized by any

person not legally authorized to perform marriages shall be void.
However, if either or both parties believed in good faith that the

solemnizer had the legal authority to solemnize the marriage, then the marriage
shall remain valid despite the solemnizers lack of authority. (Art.35[2], FC.)
Under Article 35(3) of the Family Code, a marriage solemnized without the
requisite marriage license under Article 3(2) shall be void.
What is the importance of requiring a marriage license?

Under Article 20 of the Family Code, a marriage license is effective only
for a period of one hundred twenty (120) days counted from the date of issue and
the same shall be deemed automatically cancelled at the expiration of said
period. As a corollary, a marriage celebrated 120 days after the issuance of the
marriage license is void ab initio.
While there is no prescribed ceremony or rite for the solemnization of

marriage, Article 3(3) requires:
(a) The personal appearance of the contracting parties before the

solemnizing officer;
(b) The personal declaration of the contracting parties that they take each
other as husband and wife; and
(c) The presence of at least two witnesses of legal age during such
solemnization.
(a) and (b) are mandatory requirements, while (c) is merely directory.
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What is a marriage by proxy? Is a marriage by proxy valid in this

jurisdiction?
ART. 4. The absence of any of the essential or formal

requisites shall render the marriage void ab initio, except as
stated in Article 35 (2).
A defect in any of the essential requisites shall render the

marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the

validity of the marriage but the party or parties responsible
for the irregularity shall be civilly, criminally and
administratively liable. (n)
What is the effect of the absence of any of the essential requisites?
What is the effect of the absence of any of the formal requisites?
What is the effect of a defect in any of the essential requisites?
What is the effect of an irregularity in any of the formal requisites?
What are some examples of irregularities in the formal requisites of

marriage? (See the book of Pineda)
Officiating a marriage without requiring the requisite license renders the

judge liable (Cosca vs. Judge Palaypayon, Jr., 237 SCRA 251)
A license issued by the local civil registrar without posting the notice for
the application for a license for a period of ten consecutive days in the prescribed
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bulletin board (Art. 17, FC) is an irregularity, but does not affect the validity of the
marriage. The registrar, however, is administratively liable for the nonfeasance.
The taking of witnesses who are not of legal age, and in the presence of
whom the contracting parties personally declared that they take each other as
husband and wife, will not affect the validity of the marriage. There will be a
sanction, however, for those responsible for the irregularity.
A solemnizing officer who asked the wife whether she takes the man as
her lawful wedded husband and who answered yes, but the officer failed to ask
the same question to the groom, but nevertheless the groom signed the marriage
certificate, the marriage is valid despite the irregularity (Martinez vs. Tan, 12 Phil.
731).
Criminal Liability Incurred by Parties Responsible for the

Irregularities in Formal Requisites.
Under the Revised Penal Code, priests or ministers of any religious

denomination or sect or civil authorities who shall perform or authorize any illegal
marriage ceremony shall be punished in accordance with the provisions of the
Marriage Law.1 The offender under Art. 352, Revised Penal Code, who is not
authorized to solemnize marriage but performs an illegal marriage ceremony is
also liable for usurpation of authority or official functions (Art. 177, RPC).
Under Article 350 of the Revised Penal Code, any person who
contracts marriage knowing that the requirements of the law have not been
complied with or that the marriage is in disregard of a legal impediment shall
suffer the penalty of prision correccional in its medium and maximum periods.
And if either of the contracting parties shall obtain the consent of the other by
means of violence, intimidation, or fraud, he shall be punished with the maximum
period of the foregoing penalty.
Conviction of the respondent under Art. 350 of the Revised

Penal Code involves moral turpitude and is disqualified from being admitted to
the bar (Villasanta vs. Peralta, 101 Phil. 313).
1
Under Section 39, Act 3613 (Marriage Law), the penalty is imprisonment for not less than one
month nor more than two years, or a fine not less than P200.00 nor more than P2,000.
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1. On June 24, 2015, Ben and Sarah were married by Fr. John at the St.
Joseph Parish in Paraaque. Fr. Ben, however, inadvertently failed to let the
couple and their witnesses sign the marriage certificate. Hence, the fact of
marriage was never subsequently registered in the Office of the Civil Registry of
Paraaque. Is this marriage valid?
2. In the problem in No. 1 above, assume that the couple and their witnesses
did sign the marriage certificate. However, the parish office failed to
subsequently register the certificate in the Civil Registry of Paraaque. Is this
marriage valid?
3. Jenny and Jonah, twin sisters, will be celebrating their 18th birthday in two
weeks. Today, they stood as witnesses to the marriage of their cousin Maria to
Pedro in the chambers of Judge Masinop. Is this marriage valid?
4. On October 1, 2015, Jun and Jean applied for a marriage license. The
license was supposed to be issued after the 10-day publication period required
by law. Two days before the issuance of the marriage license, Jun and Jean
decided to exchange their marriage vows before Judge Makupad in Quezon City
because Juns mother was leaving for the U.S. the following day. The parties,
and their sponsors, including the solemnizing officer affixed their signature to the
marriage contract, which was subsequently registered in the Civil Registry of
Quezon City. Is this marriage valid?
5. Tsing and Cha, both 19 years old got married before Judge Marimba of
Caloocan City. Five of their friends witnessed the wedding. Their parents never
attended the wedding because both disapproved of their relationship. Is this
marriage valid?
6. On September 30, 2015, Craig married Nina. Craig did not really want to
marry Nina, but was forced to do so only because the brothers of Nina
threatened to rape his sister if he did not marry Nina. Is this marriage valid?
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ART. 5. Any male or female of the age of eighteen years

or upwards not under any of the impediments mentioned in
Articles 37 and 38, may contract marriage. (54a)
1. Pacifico was born on July 2, 1997. Tsina was born on June 25, 1997. On
June 20, 2015, Pacifico and Tsina applied for the issuance of a marriage license.
On July 2, 2015, they were duly wedded before Judge Maagap in Paraaque
City. Is this marriage valid?
2. Since they were still babies, the parents of Jorge and Jody, who were born
on the same day, had agreed to have them wedded when they became adults.
After Jody turned 15 years old, she got pregnant by Jorge. Their parents then
made preparations for the wedding, and everybody was happy about Jody and
Jorge expecting a baby. Jorges parents donated a house and lot for the couple
to live in after the wedding. Jorge and Judy were then wedded, with the
blessings of their parents, before a family friend, Judge Quimbo. Is this marriage
valid?
ART. 6. No prescribed form or religious rite for the

solemnization of the marriage is required. It shall be
necessary, however, for the contracting parties to appear
personally 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. This declaration shall
be contained in the marriage certificate which shall be signed
by the contracting parties and their witnesses and attested
by the solemnizing officer.
In case of marriage in articulo mortis, when the party at

the point of death is unable to sign the marriage certificate,
it shall be sufficient for one of the witnesses to the marriage
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to write the name of said party, which fact shall be attested

by the solemnizing officer. (55a)
What is the rationale of the law in requiring as a formal requisite a marriage

ceremony? (See the book of Pineda)
The ceremony required in Article 6 is necessary to prevent the

recognition of common-law marriages (consensual marriages) in the Philippines,
and also of representative or proxy marriages.
A common-law marriage is one contracted into by the contracting parties

(man and woman) by entering into an agreement or arrangement, whereby they
voluntarily take each other as husband and wife and this declaration is
consummated by their cohabitation with the assumption of marital duties and
obligations. There is no solemnizing officer involved.
A proxy marriage is one where a partner who is absent in the wedding

ceremonies is represented by an authorized representative. The personal
appearance of the parties being mandatorily required, a marriage by proxy is
void.
EXCEPTION: If the marriage is solemnized abroad and is valid

there as such proxy marriages being allowed there, the marriage is also valid in
the Philippines. (See Art. 17 in correlation with Art. 26, par. 1.)
1. Maria was 3 months pregnant during her wedding day. She felt nauseated at
the ceremony in church. When she was about to make her personal declaration
in the altar before Fr. Freddie, that she was taking Joseph as her husband to
hold and to cherish, till death do they part, she fainted before she could utter a
word. After 10 minutes, when she regained consciousness, Fr. Freddie just let
the couple sign the marriage certificate, and allowed the bride to rest. She stood
up again during the picture taking. Is this marriage valid?
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2. Pam and Joe was engaged to be married on September 1, 2015 before

Judge Santos of Makati City. On the scheduled wedding day, while the couple
was 30 minutes earlier than their scheduled appointment, Judge Santos was
stuck in traffic due to a multiple vehicular collision. Judge Santos then instructed
his Clerk of Court to direct the couple to sign the marriage contract while he was
in transit. When Judge Santos arrived in his chambers, he himself signed the
marriage certificate and advised the couple to make God the center of their
marriage. The marriage certificate was subsequently registered in the Civil
Registry of Makati. Is this marriage valid?
3. Three days before the wedding date, the bride contacted german measles.
Because of the danger that she might pose to a lot of her guests who were
pregnant, she asked her twin sister to wear her wedding dress and attend the
marriage ceremony at the Manila Cathedral. She also informed the groom about
the plan. They all agreed not to tell the guests about it, since they would not
notice anyway. The twin sister then attended the wedding, and signed the
marriage certificate with the proper authorization of the bride. Is this marriage
valid?
4. Under the laws of Czechoslovakia, if one of the parties to a marriage is

unable to attend the marriage ceremony on the designated date, that party can
authorize another person in his stead to attend the marriage ceremony. The
authority, however, is required to be embodied in a notarized document to be
presented to the solemnizing officer on the wedding day. Leo and Pia, both
Filipinos, decided to get married in Czechoslovakia. On the day of the wedding,
Leo, who broke his leg in a soccer tournament, could not personally attend the
ceremony. Hence, he authorized his brother Lou to attend the ceremony instead.
Leo then executed a special power of attorney for such authorization, which was
notarized by a lawyer in Czechoslovakia. The wedding then pushed through. Is
this marriage of the Filipino couple valid?
ART. 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the
courts jurisdiction;
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(2) Any priest, rabbi, imam, or minister of any church or

religious sect and registered with the civil registrar general,
acting within the limits of the written authority granted him
by his church or religious sect and provided that at least one
of the contracting parties belongs to the solemnizing officers
church or religious sect;
(3) Any ship captain or airplane chief only in the cases

mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain

is assigned, in the absence of the latter, during a military
operation, likewise only in the cases mentioned in Article 32;
or
(5) Any consul-general, consul or vice-consul in the case

provided in Article 10. (56a)
Who are the persons authorized to solemnize marriages under Article 7?
The enumeration of the authorized solemnizers of marriage in Article 7 is

exclusive.
By the principle of inclusio unios exclusio est alterius (what the law does
not include, it excludes), no other persons, no matter how high their positions in
government are, are authorized to perform marriages.
The President of the Philippines, the Chief of Staff of the Armed Forces,
Ambassadors, Senators, Congressmen, Governors, among others, cannot
therefore solemnize marriages.
However, the Local Government Code, which took effect on January 1,

1992, gives the mayors of cities and municipalities authority to solemnize
marriages.
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What is the effect on the validity of a marriage solemnized in

Manila by the City Mayor of Pasay City?
ANY INCUMBENT MEMBER OF THE JUDICIARY WITHIN THE COURTS

JURISDICTION.
The authority of the members of the judiciary to solemnize marriages is

subject to the following requisites:
(a) They must be incumbent members; AND

(b) They must solemnize the marriage within their courts
jurisdiction.
If a marriage is solemnized by a judge outside his territorial jurisdiction,

the marriage will be considered void ab initio for lack of a formal requisite in
such marriage. (Art. 4, FC.)
Under Article 35 (2), if a judge solemnized a marriage outside of his

territorial jurisdiction, may the marriage be nonetheless considered as valid
because either or both of the contracting parties believed in good faith that the
judge had the legal authority to solemnize the marriage? We distinguish.
(a) The marriage is void ab initio if the good faith of the parties
consists in their mistaken belief that a judge has the authority to solemnize
marriages outside of his courts jurisdiction. This amounts to ignorance of
the law which is inexcusable.
(b) The marriage is valid if the good faith of the parties consists in
their mistaken belief that the solemnizer is a judge of the locality where the
marriage is celebrated. This amounts to ignorance of a fact which is
excusable.
NOTE: Good faith means after reasonable inquiry

and investigation on the part of the parties.
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ANY PRIEST, RABBI, IMAM, OR MINISTER OF ANY CHURCH OR

RELIGIOUS SECT.
Under Article 7(2), before a religious solemnizer can solemnize marriage,

the following requirements must be complied with:
(a) He must be duly authorized by his church or religious sect;

(b) He must be duly registered with the Civil Registrar General;
(c) He must act within the limits of the written authority given by his
church or religious sect; AND
(d) At least one of the contracting parties must belong to the religious
solemnizers church or sect.
A marriage is considered void ab initio if it is solemnized by a religious

solemnizer who does not possess the requisite authority in Article 7(2). In
addition, such religious solemnizer who solemnizes marriage without the
requisite authority may be held criminally liable under the old Marriage Law (Art.
352, RPC; Section 39, Act 3613).
Under Article 35 (2) of the Family Code, the marriage is valid if either or
both parties to the marriage believed in good faith that the religious solemnizer
was authorized to solemnize the marriage in accordance with the requisites from
(a) to (c) above. ignorance of fact
However, the marriage is void ab initio if none of the parties belonged to

the religious solemnizers church or sect. Good faith becomes immaterial.
ignorance of law
Under Article 33, even marriage among Muslims or among members of

the ethnic cultural communities (which may be solemnized without need of
securing a marriage license) must be solemnized ONLY by those solemnizing
officers enumerated in Article 7(2) of the Family Code and duly registered with
the Civil Registrar General.
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ANY SHIP CAPTAIN OR AIRPLAIN CHIEF, BUT ONLY IN THE CASES

MENTIONED IN ARTICLE 31.
Not every ship officer or airplane pilot can solemnize marriages under this
article. He must be the captain of the ship, or the chief pilot of the airplane.
Under Article 7(3), in correlation with Article 31, the authority of the ship
captain or airplane chief to solemnize marriages is subject to the following
requisites:
(a) The marriage must be in articulo mortis; AND

(b) The marriage must be between passengers or crew members.
The authority to solemnize may be exercised when:

(a) The ship is at sea.
(b) The plane is in flight.
(c) The ship or plane is on a stop-over at ports of call.
ANY MILITARY COMMANDER OF A UNIT, BUT ONLY IN THE CASES

MENTIONED IN ARTICLE 32.
Under Article 7(4), in correlation with Article 32, the authority of any
military commander of a unit to solemnize marriages is subject to the following
requisites:
(a) He must be a commissioned officer, or an officer in the armed

forces holding rank by virtue of a commission from the President, and not a
mere corporal or sergeant;
(b) The assigned chaplain to his unit must be absent;
(c) The marriage must be in articulo mortis; AND
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(d) The marriage must be solemnized within the zone of military

operations.
The unit of the military commander must be a battalion, not just a

company.
The contracting parties may either be members of the armed forces or
civilians.
1. While the mayor and vice-mayor were both in Singapore to attend a local
executives convention, Councilor Ella, the number one member of the
Sangguniang Bayan was designated acting Mayor. On this occasion, Hon. Ella
solemnized the marriage of Enteng and Tina. Is this marriage valid?
2. Private Ryan belongs to a military unit headed by Major Pain. While in a

place of military operation, Ryan was shot, and is at the point of death. Jenny,
his girlfriend, requested Major Pain to marry them right then and there. Major
Pain then married Ryan and Jenny in the presence of two witnesses, the
assigned priest in the unit Fr. Malcolm, and Ryans best friend Private
Emerson. Is this marriage valid?
ART. 8. The marriage shall be solemnized publicly in

the chambers of the judge or in open court, in the church,
chapel or temple, or in the office of the consul-general,
consul or vice-consul, as the case may be, and not elsewhere,
except in cases of marriages contracted at the point of death
or in remote places in accordance with Article 29 of this
Code, or where both of the parties request the solemnizing
officer in writing in which case the marriage may be
solemnized at a house or place designated by them in a sworn
statement to that effect. (57a)
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Article 8 requires the public solemnization of marriage, and therefore fixes

the venue or place of marriage depending on who the solemnizing officer is, to
wit:
(a) In the chamber of the judge, or in his sala in open court, if solemnized
by a member of the judiciary;
(b) In the church, chapel or temple of the religious solemnizer concerned;
(c) In the office of the consul-general, consul or vice-consul.
What is the effect of violation of Article 8?

The provision, which refers merely to the venue of the solemnization, is
only directory, not mandatory. Therefore, non-compliance therewith will not
affect the validity of the marriage, but will subject the solemnizer to criminal and
administrative sanctions. However, if in addition to non-compliance with the
foregoing venues, the marriage is also solemnized outside the territorial
jurisdiction of the solemnizing officer, then the marriage becomes void ab initio.
Exceptions to the Rule on Venue under Article 8.

(a) Marriages contracted in articulo mortis.
(b) Marriages contracted in remote places in accordance with the
provisions of Article 29 of the Family Code.
(c) Where both of the parties to the marriage requested the solemnizing
officer in writing and under oath to solemnize the marriage elsewhere.
ART. 9. A marriage license shall be issued by the local

civil registrar of the city or municipality where either
contracting parties habitually resides, except in marriages
where no license is required in accordance with Chapter 2 of
this Title. (58a)
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The contracting parties must apply for a marriage license in the city or
municipality where either or both of them habitually reside.
A license issued in a place different from the habitual residence of the

contracting parties does not affect the validity of the marriage, since this is a
mere irregularity in the issuance of the said license.
If the application for license was made in bad faith in the improper civil
registry, the parties can be liable for violation of Article 350 of the Revised Penal
Code. If the registrar is also at fault, he can be charged criminally and
administratively.
1. Kate is a resident of Caloocan City, while Jonel is a resident of Quezon City.

On June 1, 2015, Kate and Jonel applied for a marriage license with the Civil
Registrar of Manila, since both of them were employees of the Office of the
President. On the basis of this license, they were married on August 6, 2015. Is
their marriage valid?
2. In the immediately preceding problem, assume that Kate and Jonel applied
for a marriage license with the Civil Registrar of Quezon City, which issued them
the marriage license after the required 10-day publication period. If the couple
gets married in Tarlac City, will their marriage be valid?
ART. 10. Marriages between Filipino citizens abroad

may be solemnized by a consul-general, consul or vice-consul
of the Republic of the Philippines. The issuance of the
marriage license and the duties of the local civil registrar and
of the solemnizing officer with regard to the celebration of
the marriage shall be performed by said consular official.
(75a)
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Under Article 7(5), marriages between Filipino citizens abroad may be

solemnized by a consul-general, consul or vice-consul of the Republic of the
Philippines.
Article 10 is applicable only if the contracting parties are both Filipino

citizens who may be domiciled or sojourning abroad.
If the marriage is between a Filipino citizen and an alien, our consular

officials abroad are not clothed with authority to solemnize such marriage.
The consular officer shall take charge of the issuance of the marriage
license and shall perform the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration of the marriage.
Consuls on home assignment in the Philippines cannot solemnize

marriages.
1. Carlo Diaz is the consul-general of the Philippines to Saudi Arabia. He has a

residence in Mactan, Cebu City. While vacationing therein, he solemnizes the
marriage between Choi and Chai. Is this marriage valid?
ART. 11. Where a marriage license is required, each of

the contracting parties shall file separately a sworn
application for such license with the proper local civil
registrar which shall specify the following: (29a)
(1) Full name of the contracting party;

(2) Place of birth;
(3) Age and date of birth;
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(4) Civil status;

(5) If previously married, how, when and where the
previous marriage was dissolved or annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother;
and
(10) Full name, residence and citizenship of the
guardian or person having charge, in case the
contracting party has neither father nor mother
and is under the age of twenty-one years.
The applicants, their parents or guardians shall not be

required to exhibit their residence certificates in any
formality in connection with the securing of the marriage
license. (59a)
The Application For Marriage License Must Be Under Oath. Article 11

enumerates the necessary data in the parties separate sworn applications for
marriage license which are under oath.
Since the application is under oath, any falsification therein will subject the
applicant to perjury.
Falsities on substantial matters (i.e., those affecting legal capacity) will

invalidate the marriage.
The forms for applications for marriage license and all related documents
are provided by the local civil registrar (LCR). (Art. 24) The parties merely fill
them up and then swear them before the registrar.
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The LCR will not require the presentation of residence certificates in any
formality in securing the marriage license.
ART. 12. The local civil registrar, upon receiving such

application, shall require the presentation of the original
birth certificates or, in default thereof, the baptismal
certificates of the contracting parties or copies of such
documents duly attested by the persons having custody of
the originals. These certificates or certified copies of the
documents required by this Article need not be sworn to and
shall be exempt from the documentary stamp tax. The
signature and official title of the person issuing the
certificate shall be sufficient proof of its authenticity.
If either of the contracting parties is unable to

produce his birth or baptismal certificate or a certified copy
of either because of the destruction or loss of the original, or
if it is shown by an affidavit of such party or of any other
person that such birth or baptismal certificate has not yet
been received though the same has been required of the
person having custody thereof at least fifteen days prior to
the date of the application, such party may furnish in lieu
thereof his current residence certificate or an instrument
drawn up and sworn to before the local civil registrar
concerned or any public official authorized to administer
oaths. Such instrument shall contain the sworn declaration
of two witnesses of lawful age, setting forth the full name,
residence and citizenship of such contracting party and of
his or her parents, if known, and the place and date of birth
of such party. The nearest of kin of the contracting parties
shall be preferred as witnesses, or, in their default, persons of
good reputation in the province or the locality.
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The presentation of birth or baptismal certificate shall

not be required if the parents of the contracting parties
appear personally before the local civil registrar concerned
and swear to the correctness of the lawful age of said parties,
as stated in the application, or when the local civil registrar
shall, by merely looking at the applicants upon their
personally appearing before him, be convinced that either or
both of them have the required age. (60a)
ART. 13. In case either of the contracting parties has

been previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required
in the last preceding article, the death certificate of the
deceased spouse or the judicial decree of the absolute
divorce, or the judicial decree of annulment or declaration of
nullity of his or her previous marriage. In case the death
certificate cannot be secured, the party shall make an
affidavit setting forth this circumstance and his or her actual
civil status and the name and date of death of the deceased
spouse. (61a)
Article 12 sets forth the rules by which the LCR shall determine as to
whether the parties have the required age for marriage.
Upon receipt of the parties application for marriage license, the LCR will
require the parties to submit the following documents:
(a) An original or certified true copy of their birth certificates or baptismal

certificates (if there is no birth certificate).
(b) The current residence certificates of the parties, in case of their inability
to produce the documents required in the preceding letter (a).
80
(c) A sworn statement of two witnesses of legal age, preferably close

relatives, indicating the required information needed by the LCR to determine the
legal capacity of the contracting parties, in case of their inability to produce the
documents in letter (b).
The presentation of the documents above-enumerated in No. (a), (b)

or (c) will not be required by the LCR if the parents personally appear before the
LCR, and swear to the correctness of the legal age of the parties as stated in
their application.
Even without the parents personal appearance and attestation, if by the

parties looks alone the LCR is convinced that both of them have the required
age, the LCR will no longer require the submission of documents to ascertain
their legal age.
Under Article 13, if either or both of the contracting parties have been
previously married, they shall submit to the LCR, depending on the cause of
dissolution of the previous marriage, the following documents (in lieu of the
documents required under Article 12):
(a) Death Death certificate.

(b) Divorce Judicial decree of absolute divorce. (This applies to a spouse
divorced by a foreign spouse in a foreign venue as sanctioned by Art. 26, par. 2.)
(c) Annulment of a voidable marriage Judicial decree of annulment.
(d) Declaration of nullity of a void marriage Judicial declaration of nullity.
In case the death certificate cannot be obtained, as when the death is

due to an airplane crash where the passengers could no longer be identified or
the bodies could no longer be recovered, an affidavit to that effect will suffice to
be submitted to the LCR.
ART. 14. In case either or both of the contracting
parties, [not having been emancipated by a previous
81
marriage], are between the ages of eighteen and twenty-one,

they shall, in addition to the requirements of the preceding
articles, exhibit to the local civil registrar, the consent to
their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order
mentioned. Such consent shall be manifested in writing by
the interested party, who personally appears before the
proper local civil registrar, or in the form of an affidavit made
in the presence of two witnesses and attested before any
official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for
marriage license, and the affidavit, if one is executed instead,
shall be attached to said applications. (61a)
PARENTAL CONSENT, WHEN REQUIRED.
In case either or both contracting parties are between the ages of 18

and below 21, they must secure the consent to their marriage of their father,
mother, surviving parent or guardian, or persons having legal charge of them, in
the order mentioned; otherwise, their marriage is voidable. (Article 45[1], Family
Code.)
To prove compliance with the requisite parental consent:
(a) The parents or guardians may appear personally before the LCR and
accomplish the written consent before him.
(b) If the parents or guardians do not appear personally before the LCR,
their parental consent may be in the form of an affidavit made in the
presence of two witnesses and attested before any official authorized
by law to administer oaths.
In addition to the requirements in Articles 12 or 13, the personal

manifestation shall be recorded in both applications for marriage license, and the
affidavit, if one is executed instead, shall be attached to such applications.
82
The parental consent must be for the child to marry a specific person; it
cannot be consent to marry anyone.
If the marriage license is issued notwithstanding the absence of such

parental consent, the same shall not affect the validity of the license so issued.
However, the absence of such parental consent is a ground to annul the
marriage pursuant to Article 45(1) of the Family Code.
1. Tarzan, 20, and Jane, 19, applied for a marriage licence before the LCR. In
their respective application, they attached, among others, the affidavits of their
parents which gave them consent to marry in this tenor: That we are giving our
child consent to marry a person of his or her choice according to his or her wise
judgment. A marriage license was then issued to the couple, who were
subsequently wedded. Is their marriage defective?
2. Onyok and Anya, both 21 years old, were married without the required
parental consent. Is their marriage defective?
ART. 15. Any contracting party between the ages of

twenty-one and twenty-five shall be obliged to ask their
parents or guardian for advice upon the intended marriage.
If they do not obtain such advice, or if it be unfavorable, the
marriage license shall not be issued till after three months
following the completion of the publication of the application
therefor. A sworn statement by the contracting parties to
the effect that such advice has been sought, together with
the written advice given, if any, shall be attached to the
application for marriage license. Should the parents or
guardian refuse to give any advice, this fact shall be stated in
the sworn statement.
83
Any contracting party who is 21 and above but below 25 years of age is
obliged to ask the advice of his parents or guardians upon the intended marriage.
If parental advice was sought, but it was unfavorable, the issuance of the
license will be suspended for three (3) months counted from the completion of
the 10-day publication of the application for marriage license that is, ninety (90)
days from the eleventh (11th) day following the posting of the notices for the
marriage applications at the bulletin board outside the office of the registrar (Art.
17, FC).
If the parties get married without a license, their marriage is void.

However, if they were able to get a license without the required parental
advice, the marriage is still valid, but they will be held criminally and civilly liable
for falsifying their applications for marriage license.
ART. 16. In the cases where parental consent or

parental advice is needed, the party or parties concerned
shall, in addition to the requirements of the preceding
articles, attach a certificate issued by a priest, imam or
minister authorized to solemnize marriage under Article 7 of
this Code or a marriage counsellor duly accredited by the
proper government agency to the effect that the contracting
parties have undergone marriage counselling. Failure to
attach said certificate of marriage counselling shall suspend
the issuance of the marriage license for a period of three
months from the completion of the publication of the
application. Issuance of the marriage license within the
prohibited period shall subject the issuing officer to
administrative sanctions but shall not affect the validity of
the marriage.
84
Should only one of the contracting parties need

parental consent or parental advice, the other party must be
present at the counselling referred to in the preceding
paragraph. (n)
Marriage counselling is a new requirement for the issuance of a marriage

license under the Family Code in cases where the parties need parental consent
or parental advice.
Who will do the counselling? The religious solemnizer of the sect to

which the party concerned belongs, or a marriage counsellor duly accredited by
the government will conduct the pre-marital counselling, and thereafter issue the
certificate of marriage counselling.
Effect of lack of certificate. The failure to attach the certificate of

marriage counselling in the parties application will have the same effect as the
lack of parental advice i.e., suspension of the issuance by the LCR of the
parties marriage license for three (3) months.
If the license is issued within the three-month suspension period, such

irregularity shall subject the issuing officer to administrative sanctions, but shall
NOT affect the validity of the marriage.
ART. 17. The local civil registrar shall prepare a notice

which shall contain the full names and residences of the
applicants for a marriage license and other data given in the
applications. The notice shall be posted for ten consecutive
days on a bulletin board outside the office of the local civil
registrar located in a conspicuous place within the building
and accessible to the general public. This notice shall
request all persons having knowledge of any impediment to
the marriage to advise the local civil registrar thereof. The
85
marriage license shall be issued after the completion of the

period of publication.
Upon receipt of the parties application and the requirements attendant

thereto, it shall be the duty of the LCR to post a notice informing everybody of
the impending marriage, and requesting all persons having knowledge of any
impediment to the marriage to advise the local civil registrar thereof.
10-day publication. This notice shall be posted for ten consecutive days
on a bulletin board outside the office of the LCR located in a conspicuous place
within the building and accessible to the general public.
If a license is issued prior to the lapse of the 10-day publication period, or

without the requisite publication, the marriage is still valid. However, the LCR
who did not comply with this requirement on publication will be liable criminally,
civilly, and administratively.
ART. 18. In case of any impediment known to the local

civil registrar or brought to his attention, he shall note down
the particulars thereof and his findings thereon in the
application for marriage license, but shall nonetheless issue
said license after the completion of the period of publication,
unless ordered otherwise by a competent court at his own
instance or that of any interested party. No filing fee shall be
charged for the petition nor a corresponding bond required
for the issuances of the order. (64a)
In case of any impediment known to the LCR or brought to his attention by

any person, the LCR shall note down the particulars thereof and his findings
thereon; BUT he is still duty-bound under Article 18 to issue the marriage license
after the completion of the period of publication.
86
The LCR has no quasi-judicial authority to investigate any information he

receives of any legal impediment to the intended marriage, and to withhold the
issuance of the license if he is convinced that such impediment exists.
The LCR can be prevented from issuing the marriage license ONLY on the
basis of a court order restraining its issuance obtained by the LCR itself, or by
any interested party.
The prohibition on the LCR on issuing the marriage license after publication
cannot refer to an impediment appearing on the application (e.g., age is below
18, or both parties are of the same sex). Also not covered by the prohibition are
instances of non-compliance with specific requirements (e.g., proof of parental
consent). Here, the marriage license will not issue.
ART. 19. The local civil registrar shall require the

payment of the fees prescribed by law or regulations before
the issuance of the marriage license. No other sum shall be
collected in the nature of a fee or tax of any kind for the
issuance of said license. It shall, however, be issued free of
charge to indigent parties, that is, those who have no visible
means of income or whose income is insufficient for their
subsistence, a fact established by their affidavit, or by their
oath before the local civil registrar. (65a)
Marriage License Fees. There is a prescribed fee for the issuance of a

license. The amount is minimal. No other fee or tax shall be collected for the
issuance thereof. Many people will be discouraged and would rather take a
common law cohabitation if high fees will be imposed for issuance of a marriage
license. It is for the same reason that it should be issued for free to indigent
parties.
87
ART. 20. The license shall be valid in any part of the

Philippines for a period of one hundred twenty days from the
date of issue, and shall be deemed automatically cancelled at
the expiration of the said period if the contracting parties
have not made use of it. The expiry date shall be stamped in
bold characters on the face of every license issued. (65a)
Effectivity of the Marriage License. The license is valid for a period of

120 days from the date of issue. Its expiry date must be stamped in bold
characters on its face. This will serve as a warning or reminder to the parties
and to solemnizing officers.
The license is valid in any part of the Philippines (not abroad), and is
deemed automatically cancelled at its expiration date if the parties have not
made use of it.
The LCR has no authority to extend the effectivity of a marriage license.
ART. 21. When either or both of the contracting parties

are citizens of a foreign country, it shall be necessary for
them before a marriage license can be obtained, to submit a
certificate of legal capacity to contract marriage, issued by
their respective diplomatic or consular officials.
Stateless persons or refugees from other countries

shall, in lieu of the certificate of legal capacity herein
required, submit an affidavit stating the circumstances
showing such capacity to contract marriage. (66a)
The capacity of a foreigner to get married in the Philippines is governed by

his national law, a foreign law, so that our government offices and courts cannot
take judicial notice of said law. (Article 15, NCC.)
88
Example: Annechka, 17 years old, is a national of Russia. Let us

assume that in Russia the legal age to marry is 17 years old. If she comes to the
Philippines and marries her boyfriend Anatolio here, will their marriage be valid?
YES, because it is the laws of Russia, the national law of Annechka, which will
determine her legal capacity to marry in the Philippines, or in any other place, for
that matter.
Certificate of Legal Capacity, Required of Foreigners. If a foreigner

applies for a marriage license to be able to marry in the Philippines, he is
required to submit a certificate of legal capacity to contract marriage issued by
the embassy or consular office of his country in the Philippines.
If the foreigner is stateless, or is a refugee from another country, it is

enough that he executes an affidavit stating the circumstances showing his
capacity to contract marriage.
The absence of a certificate of legal capacity is merely an irregularity

which does not affect the validity of the marriage.
ART. 22. The marriage certificate, in which the parties

shall declare that they take each other as husband and wife,
shall also state:
(1) The full name, sex and age of each contracting

party;
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the
marriage;
(4) That the proper marriage license has been issued
according to law, except in marriage provided for in
Chapter 2 of this Title;
89
(5) That either or both of the contracting parties have

secured the parental consent in appropriate cases;
(6) That either or both of the contracting parties have
complied with the legal requirement regarding
parental advice in appropriate cases; and
(7) That the parties have entered into marriage
settlement, if any, attaching a copy thereof. (67a)
Article 22 enumerates the required data in the marriage certificate.
The marriage certificate is not an essential or formal requisite of

marriage, without which the marriage will be void. An oral marriage is, therefore,
valid. Even the failure of a party to sign the marriage certificate, or the omission
of the solemnizing officer to send a copy of the marriage certificate to the proper
local civil registrar does not invalidate the marriage.
Best Evidence to Prove Marriage. Although a marriage contract is

considered a primary evidence of marriage, its absence is not always proof that
no marriage in fact took place. This is because the existence of marriage may
be proved by other pieces of evidence. Thus,
The testimony by one of the parties or witnesses to the marriage, or by

the person who solemnized the same, is admissible and competent to prove
marriage.
The public and open cohabitation as husband and wife after the alleged
marriage, birth and baptismal certificates of children borne by the alleged
spouses, and a statement of such marriage in subsequent documents are
competent evidence to prove the fact of marriage.
A solemn statement in the will of a deceased as to the fact of his
marriage is also admissible proof of such a marriage.
Peregrina Macua Vda. de Avenido vs. Tecla Hoybia Avenido, G.R.

No. 173540, January 22, 2014.
90
ART. 23. It shall be the duty of the person solemnizing

the marriage to furnish either of the contracting parties the
original of the marriage certificate referred to in Article 6
and to send the duplicate and triplicate copies of the
certificate not later than fifteen days after the marriage, to
the local civil registrar of the place where the marriage was
solemnized. Proper receipts shall be issued by the local civil
registrar to the solemnizing officer transmitting copies of the
marriage certificate. The solemnizing officer shall retain in
his file the quadruplicate copy of the marriage certificate,
the original of the marriage license and, in proper cases, the
affidavit of the contracting party regarding the solemnization
of the marriage in a place other than those mentioned in
Article 8. (68a)
Holders of Marriage Certificates. The marriage certificate is prepared by

the solemnizer in quadruplicate and distributed as follows:
(a) Original copy to be given to either of the contracting parties;

(b) Duplicate and Triplicate copies to be filed with the LCR of the locality
where the marriage was solemnized, which must receive it within 15 days after
the celebration; and
(c) Quadruplicate copy to be retained by the solemnizer, together with
the original marriage license, and in proper cases the affidavit of the contracting
parties for the celebration of the marriage outside the regular venue provided
under Article 8.
Effect of Non-Recording of Copies of the Marriage Certificate. The

mere fact that no record of the marriage can be found in the LCR does not
invalidate the marriage; provided, all the requisites for its validity under Articles 2
and 3 of the Family Code are present.
91
ART. 24. It shall be the duty of the local civil registrar

to prepare the documents required by this title, and to
administer oaths to all interested parties without any charge
in both cases. The documents and affidavits filed in
connection with applications for marriage license shall be
exempt from documentary stamp tax. (n)
The preparation of documents and administration of oaths by the local civil

registrar in connection with marriages are all free from fees and documentary
stamp tax.
ART. 25. The local civil registrar concerned shall enter

all applications for marriage licenses filed with him in a
registry book strictly in the order in which the same are
received. He shall record in said book the names of the
applicants, the date on which the marriage license was
issued, and such other data as may be necessary.
The Marriage Register.
Entries Strictly Chronological. The entries in the Registry Book of all

applications for marriage license filed with the LCR must be recorded
chronologically stating the dates thereof, and also the dates of issuance of the
marriage licenses to discourage unlawful insertions or antedating of documents.
Necessary Data to be Recorded. In the marriage register, there shall

be entered the full name and address of each of the contracting parties, their
ages, the place and date of the solemnization of the marriage, the names and
addresses of the witnesses, the full name, address and relationship with the
contracting party or parties of the person or persons who gave their consent to
the marriage, and the full name, title, and address of the person who solemnized
the marriage (Section 7, Civil Registry Law, Act No. 3753).
92
Abbas vs. Abbas, G.R. No. 183896, January 30, 2012.

ART. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there as such,
shall also be valid in this country, except those prohibited
under Articles 35(1), (4), (5) and (6), 36, 37 and 38. (17a)
Where a marriage between a Filipino citizen and a

foreigner is validly celebrated and a divorce is thereafter
validly obtained abroad by the alien spouse capacitating him
or her to remarry, the Filipino spouse shall have capacity to
remarry under Philippine law. (As amended by Executive
Order 227)
Validity of Marriages Solemnized Abroad. Philippine law, following

the principle of lex loci celebrationis, adheres to the rule that marriages
solemnized abroad that are valid in the country where they were solemnized are
also valid in the Philippines, EXCEPT:
(1) Marriages where one or both parties are below 18 years old
[Art. 35(1), FC].
(2) Marriages that are bigamous or polygamous [Art. 35(4), FC].
(3) Marriages contracted through mistake of one contracting party as
to the identity of the other [Art. 35(5), FC].
(4) Subsequent marriages where the judgment of annulment or
declaration of nullity of the previous marriage, the partition and
distribution of the properties of the spouses, the delivery of the
childrens presumptive legitime have not been beforehand recorded
in the civil registry and registries of property. [Art. 35(6), FC].
(5) Marriages where one party is afflicted with psychological incapacity
[Art. 36, FC].
(6) Marriages that are incestuous [Art. 37, FC].
93
(7) Marriages that are void for reasons of public policy in the instances
enumerated in Article 38 of the Family Code.
Instances of Valid Marriages Abroad Pursuant to the Doctrine of Lex

Loci Celebrationis.
A marriage celebrated without a marriage license, if a marriage

license is not a requirement in the place where the marriage was celebrated.
However, if the marriage is celebrated before the Philippine consular officials
under Article 10 of the Family Code, the requirement of a valid marriage license
cannot be dispensed with, and the absence of which shall render the marriage
void.
A marriage celebrated by a person not included in the enumeration

in Article 7 of the Code if, under the laws of the place where the marriage is
celebrated, he has the authority to solemnize marriages.
A proxy marriage.
Proof of Foreign Marriages. To prove the existence of a foreign

marriage, two things must be proven by convincing evidence, namely:
(1) The existence of the foreign law; and

(2) The existence of the alleged foreign marriage.
In the absence of proof of the foreign law, it should be presumed that it is the
same as that provided under Philippine Law.
Mixed Marriages under Paragraph 2 of Article 26. In marriages

between a Filipino and an alien, a divorce obtained by the alien spouse abroad
capacitating him/her to remarry will capacitate the Filipino spouse to remarry
under Philippine law.
It is only in this instance where a divorce obtained abroad involving

a Filipino is recognized in the Philippines. And this is applicable only if it is the
94
alien spouse who validly obtained the divorce decree abroad, and more, by
virtue of such decree, the alien spouse becomes capacitated to remarry.
If the alien spouse is NOT rendered capacitated to marry despite

the divorce due for instance to some prohibitions in his or her national law, the
aliens marriage with the Filipino subsists and the latter in turn is NOT rendered
free to remarry.
EXAMPLE 1: John, an American citizen married Maria, a Filipino

citizen. The marriage was validly celebrated in New York. Later, John obtained
a divorce decree against Maria in New York. John subsequently married Chloe.
Thereafter, Maria married her childhood sweetheart Pedro in the Philippines.
Under Article 26, paragraph 2, the ensuing marriage of Maria to Pedro is valid.
EXAMPLE 2: Luis and Celia, both Filipinos married in the United

States. Not long after, Luis divorced Celia. Then Celia married Juanito. The
marriage of Celia to Juanito is void for being bigamous. The divorce obtained by
Luis is not recognized in the Philippines. Before the eyes of the Philippine law,
Luis and Celia are still married to each other. Article 26, paragraph 2 requires
that the Filipino is married to a foreigner, and it was the foreign spouse who
sought and obtained a divorce decree.
EXAMPLE 3: Igme and Dalisay are both Filipinos. They got

married in the Philippines. Igme went to the U.S. and became an American
citizen by naturalization. Thereafter, Igme divorced Dalisay, and married Bituin.
(a) Is the marriage between Igme and Bituin valid? YES, the
marriage of Igme and Bituin is valid. At the time Igme married Bituin, Igme
was no longer a Filipino citizen. Article 15 of the New Civil Code is no longer
applicable to him. The reckoning point is the citizenship of Igme at the time
a valid divorce was obtained by him and not his citizenship at the time of the
celebration of the marriage.
(b) Can Dalisay validly remarry another party? YES. Dalisay,

the divorced Filipino spouse can validly remarry having been set free by the
valid divorce obtained by Igme at a time when he was already a foreigner - a
naturalized American citizen.
95
Twin Elements for the Application of Paragraph 2 of Article 26.
1. There is a valid marriage that has been celebrated between a Filipino citizen
and a foreigner.
2. A valid divorce is obtained abroad by the alien spouse capacitating him or
her to remarry.
Republic vs. Orbecido III, G.R. No. 154380, October 5, 2005, 472
SCRA 114.
END OF THE TOPIC REMINDERS:

1. Study and master the principles under each topic.
2. Know the answer to the application/problems.
3. Memorize the provisions required to be committed to
memory.
4. When a case is required in this study guide to be read in
its original text , be ready to recite the case or to
prepare a case digest thereof in class.
The discussions outlined in this study guide have

been collectively lifted from the cases cited and
commentaries made by the authors in the references
cited in our course syllabus.
FOOD FOR THOUGHT
It does not matter how slowly you go as long as you do not stop.
Confucius
96
The man who moves a mountain begins by carrying away small stones.
Confucius
It is not enough that we do our best; sometimes we must do what is required.

Winston Churchill
HRL/31Dec2015
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STUDY GUIDE (Articles 1-26, Chapter I, Title I, The Family Code) 59

THE FAMILY CODE

CAVEAT: It will be to your best interest if you make sure that

ART. 1. Marriage is a special contract of permanent

relations during the marriage within the limits provided by

Why is marriage a special contract? How do you distinguish it from an

Expound on the concept that marriage is an inviolable social institution.

What is the duration of a contract of marriage?

Is there any aspect of marriage which can be the subject of agreement

Is a contract of marriage valid if there is no marriage certificate to prove its

Every presumption is in favor of the validity and good faith of Philippine

ART. 2. No marriage shall be valid, unless these

(1) Legal capacity of the contracting parties who must be

(2) Consent freely given in the presence of the

What are the essential requisites of marriage?

What are the 3 components that make up legal capacity as an essential

When is the minimum age for marriage required to be possessed by the

ANSWER: NO. A strict interpretation of Article 2(1) will render such

However, you have to READ this case in its original text:

How is consent, as an essential requisite, manifested by the parties to the

Under Article 6, there is only one way of manifesting consent to the

Based on the marriage ceremony perfomed, consent may also be implied

ART. 3. The formal requisites of marriage are:

What are the formal requisites of marriage?

Under Article 35(2) of the Family Code, a marriage solemnized by any

However, if either or both parties believed in good faith that the

What is the importance of requiring a marriage license?

While there is no prescribed ceremony or rite for the solemnization of

(a) The personal appearance of the contracting parties before the

What is a marriage by proxy? Is a marriage by proxy valid in this

ART. 4. The absence of any of the essential or formal

A defect in any of the essential requisites shall render the

An irregularity in the formal requisites shall not affect the

What is the effect of the absence of any of the essential requisites?

What is the effect of the absence of any of the formal requisites?

What is the effect of a defect in any of the essential requisites?

What is the effect of an irregularity in any of the formal requisites?

What are some examples of irregularities in the formal requisites of

Officiating a marriage without requiring the requisite license renders the

Criminal Liability Incurred by Parties Responsible for the

Under the Revised Penal Code, priests or ministers of any religious

Conviction of the respondent under Art. 350 of the Revised

ART. 5. Any male or female of the age of eighteen years

ART. 6. No prescribed form or religious rite for the

In case of marriage in articulo mortis, when the party at

to write the name of said party, which fact shall be attested

What is the rationale of the law in requiring as a formal requisite a marriage

The ceremony required in Article 6 is necessary to prevent the

A common-law marriage is one contracted into by the contracting parties

A proxy marriage is one where a partner who is absent in the wedding

EXCEPTION: If the marriage is solemnized abroad and is valid

2. Pam and Joe was engaged to be married on September 1, 2015 before

4. Under the laws of Czechoslovakia, if one of the parties to a marriage is

ART. 7. Marriage may be solemnized by:

(2) Any priest, rabbi, imam, or minister of any church or

(3) Any ship captain or airplane chief only in the cases

(4) Any military commander of a unit to which a chaplain

(5) Any consul-general, consul or vice-consul in the case

Who are the persons authorized to solemnize marriages under Article 7?

The enumeration of the authorized solemnizers of marriage in Article 7 is

However, the Local Government Code, which took effect on January 1,

What is the effect on the validity of a marriage solemnized in

ANY INCUMBENT MEMBER OF THE JUDICIARY WITHIN THE COURTS