Void and voidable marriages may be distinguished from each other in the following ways:

necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (Art. 27, Family Code) Marriage in inaccessible place

1. As to nature: A void marriage is inexistent from the time of its performance, whereas a voidable marriage is valid and binding until it is annulled by a competent court. 2. As to susceptibility of convalidation: A void marriage is not susceptible of convalidation, whereas a voidable

If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. ( Duty of solemnizing officer in case of articulo mortis or remote places In the cases provided for in the two preceding articles, the

marriage may be convalidated either by prescription or by cohabitation. 3. As to effect upon relations property: In a void are

solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed inarticulo mortis or that the residence of either party, specifying the barrio orbarangay, is so located that there is no means of transportation to enable such party to appear

marriage, the property

between the parties

governed by the rules of co-ownership, whereas in a voidable marriage, the property relations are, as a general rule, governed by therules on absolute community unless another system is agreed upon in marriagesettlement. 4. As to effect upon children: In a void

personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage. (Art. 29, FC) Affidavit to be sent to the civil registrar The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (Art. 30, FC) Marriage solemnized by ship captain or airplane pilot A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. Marriage solemnized by military commander A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (Art. 32, FC) Marriage by Muslims or cultural communities Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices.

marriage, the children are considered illegitimate under Art. 165 of the FC (subject to exceptions), whereas in a voidable marriage, the children conceived before the decree of

annulment are considered legitimate. 5. As to how marriage may be impugned: The defect of a void marriage may be attacked either directly or collaterally, whereas in a voidable marriage, a judicial declaration is necessary. 6. As to who may impugn marriage: The validity of a void marriage may be impugned by anyone who is directly affected, whereas the validity of a voidable marriage can be impugned only as a general rule by one of the contracting parties. 7. As to when marriage may impugned: A void marriage may be impugned even after the death of one of the contracting parties, whereas a voidable marriage can no longer be impugned after the death of one

of the contracting parties. 8. As to necessity of judicial declaration: In a void marriage, a judicial declaration is not necessary to establish its invalidity but for purpose of remarriage, there must be a judicial declaration of nullity, wheres in a voidable marriage, a judicial declaration is not necessary. (Desiderio P. Jurado, Civil LawReviewer, 2006 ed., pp. 81-82) Marriage in articulo mortis In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without

Marriage by parties who have cohabited for 5 years No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained thequalifications of the contracting parties are found no legal impediment to the marriage. (Art. 34, FC) A valid marriage license is a requisite of marriage under, the absence of which renders the marriage void ab initio. The Constitution considers marriage a an inviolable social institution, and is the foundation of family life which shall be protected by the State. This is why the Family Code considers marriage as a special contract of permanent union and case law considers it not just an adventure but a lifetime commitment. (Nial, et al. vs. Bayadog, G.R. No. 133778, March 14, 2000 [328 SCRA 122]) However, there are several instances wherein a marriage license is dispensed with, one of which is that provided in Article 34 of the Family Code, referring to the marriage of a man and a woman who have lived together and exclusively with each other as husband and wife for a continuous and unbroken period of at least five years before the marriage. Rationale: The rationale why no license is required in such case is to avoid exposing the parties to humiliation, shame and embarrassment concomitant with

each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained thequalifications of the contracting parties and found no legal impediment to the marriage. Requisites: In order that Art. 34 of the Family Code regarding legal ratification of marital cohabitation may apply, the following requisites must concur: 1. The man and woman must have been living together as husband and wife for at least five years before the marriage 2. The parties must have no legal impediment to marry each other; 3. The fact of absence of legal impediment between the parties must be present at the time of marriage; 4. The parties must execute an affidavit stating that they have lived together for at least five years [and are without legal impediment to marry each other]; and 5. The solemnizing officer must execute a sworn statement that he had ascertained the qualifications of the parties and that he had found no legal impediment to their marriage. (Manzano vs. Judge Sanchez, A.M. No. MTJ-00-1329, March 8, 2001) Reckoning of 5-year period This 5-year period should be the years immediately before the day of the marriage and it should be a period of cohabitation characterized by exclusivity meaning no third party was involved at any time within the 5 years and continuity that is unbroken. Otherwise, if that continuous 5-year cohabitation is computed without any distinction as to whether the parties were capacitated to marry each other during the entire five years, then the law would be sanctioning immorality and encouraging parties to

thescandalous cohabitation of persons outside a valid marriage due to the publication of every applicants name for a marriage license. The publicity attending themarriage

license may discourage such persons from legitimizing their status. To preserve peace in the family, avoid

the peeping and suspicious eye of public exposure and contain the source of gossip arising from the publication of their names, the law deemed it wise to preserve their privacy and exempt them from that requirement. (Nial, et al. vs. Bayadog, ibid.) Art. 34 of the Family Code provides:

have common law relationships and placing them on the same footing with those who lived faithfully with their spouse. It should be in the nature of a perfect union that is valid under the law but rendered imperfect only by the absence of the marriage contract. (Nial, et al. vs. Bayadog, ibid.)

No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry