Persons - July 9, 2012

FAMILY CODE
Article 1
Marriage settlement prior to the celebration of the marriage
Property relation during commencement of marriage property
relation fixed unless: court/judicial approval
Article 2-3
Essential requisites:
1. Legal capacity male & female; at least 18; no legal impediment
prior marriage/relationship of the parties (Art. 37-38)
18-21 year old parental consent needed else voidable
2. Consent freely given by the parties
Formal requisites:
1. Authority of the solemnizing officer (Art. 7) mayor authorized
(LGC)
2. Valid marriage license local civil registrar post application for
10 days
120 days from date of issuance any part of the Philippines
3. Marriage ceremony appear and declare before the solemnizing
officer with 2 witnesses of legal age
*Absence of any of the requisites (essential or formal) - void
Art. 35-38 void marriages; except if any or both parties believe in
good faith that the officer had authority to carry on the marriage
Article 4
Defect or irregularity in essential requisites voidable (Art. 45)
Consent obtain by force shotgun marriage
Defect or irregularity in formal requisites valid but the person who
caused the irregularity may be civilly, criminally or administratively
liable.
Judge solemnize a marriage outside its jurisdiction marriage valid;
considered irregularity in the formal requisite
Article 5
Art. 37-38 incestuous marriage
Article 6
Marriage contract not a requisite
Article 7
Ship captain or airplane chief or military commander- Articulo mortis
(Art. 31-32)

Consul, consul-general or vice consul (Art. 10) solemnize marriage

abroad only - perform the duties of the local civil registrar (marriage
license)
Article 8
Irregularity place of the marriage valid
Request solemnizing officer in writing sworn statement solemnize
somewhere else
Article 9 - Venue of application of marriage license
Exempted from marriage license:
1. Articulo Mortis
2. Marriage in a remote place
3. Living together as husband-wife for at least 5 years affidavit
Article 12
Irregularity marriage still valid