1.

Legal Capacity
2.Consent Freely Given
 This means that the parties must have the
necessary age and there must be no
impediment caused by a prior existing
marriage or by a certain relationship, whether
on account of affinity or consanguinity.
1. Marriageable age for either male or female shall
be 18 years or upwards. (Art.5, FC)
2. If either or both of the contracting parties (not
having been emancipated by previous
marriage) are between 18 and 21 years old,
there must be consent to the marriage by the
father, mother, surviving parent or guardian or
persons having legal charge of them, in the
order mentioned. (Art.14, FC)
3. Any contracting party between the age of 21
and 25 shall be obliged to ask their parents or
guardian for advice, or if it be unfavorable, the
marriage license shall not be issued till after
three (3) months following the completion of
the publication of the application therefore.
(Art.15,FC)
4. If parental consent or parental advice is needed,
there must be a certificate that the contracting
parties have undergone marriage counselling.
Failure to attach certificate of marriage
counselling shall suspend the completion of the
publication of the application. (Art.16, FC)
5. Marriage celebrated without the required
license, except when otherwise provided by
law like marriage in articulo mortis, shall be null
and void. (Art.35,par.3, FC)
6. Marriage contracted by any party below 18
years of age, even with parental consent, shall
be null and void. (Art.35,par.1, FC)
 The consent referred to in Article 2 of the
Family Code refers to the consent of the
contracting parties. If there is no consent or
when the parties do not have the intention to
be bound, the marriage is void. If there is
consent, but there was error, fraud,
intimidation or force, the marriage is voidable.
(Art.45, FC)
 Article 46 of the Family Code answers this
question. It provides as follows:
1. Non-disclosure of a previous conviction by
final judgment of the other party of a crime
involving moral turpitude;
2. Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a
man other than her husband;
3. Concealment of sexually transmissible disease,
regardless of its nature, existing at the time of
the marriage; or
4. Concealment of drug addiction, habitual
alcoholism or homosexuality or lesbianism at
the time of the marriage.
No other misrepresentation or deceits as to
character, health, rank, fortune or chastity shall
constitute such fraud as will give grounds for
action for the annulment of marriage.
 It has four effects namely:
1. With respect to education and support-

The court shall provide for their education and

support. (Art.49, FC)
2. With respect to Custody of Children-
The custody of children is provided for as the
court deems best. (Art.49, FC)
3. With respect to attorney’s fees and litigation
expenses-
They are taken from the community property, if
the action is successful. (Art.90, NCC)
4. With respect to the guilty party-
Damages are assessed against the guilty party in
case of annulment due to:
a. Lack of authority of the solemnizing officer
concealed from one party;
b. Concealment of impotence, or of a prior
marriage still in force;
c. Concealment of incestuous relationship or of
quasi-incestuous disqualification under Art.82;
d. Knowledge of insanity of one party. (Art.91)
 They are illegitimate children except as
provided under Art.54 of the Family Code.
 It depends. Those conceived BEFORE an
appealable decree of annulment are legitimate
children. Those conceived AFTER such decree
are illegitimate children.
Art.48. In all cases of annulment or declaration
of absolute nullity of marriage, the court shall
order the prosecuting attorney or fiscal
assigned to it to appear on behalf of the state to
take steps to prevent collusion between the
parties and to take care that evidence is not
fabricated or suppressed.
Case: Republic of the Philippines vs.
Cipriano Orcebido II
GR No. 154380, Oct. 5, 2005
(Reading assignment)