1 Family Code of the Philippines | Ernestine Eusebio

Title I. MARRIAGE Chapter 1 Requisites of Marriage Marriage a special contract of permanent union between a man and a woman entered into in accordance with the law for the establishment of conjugal and family life. Nature and Importance of Marriage By the contract of marriage, a man and a woman enter a joint life acting, living, and working as one. Whether under the common law or under the single moral, spiritual and social being, not only for the purpose of procreation, but also for the purpose of mutual help and protection physically, morally and materially. According to the Constitution, Marriage, as an inviolable social institution, is the foundation of family and shall be protected by the State. Note: A man and a woman would mean biologically man and biologically woman. Marriage cannot be restricted by discriminatory policies or private individuals or corporations. ESSENTIAL REQUISITES OF MARRIAGE 1. Legal capacity of the contracting parties a.18 years old and above b. Necessary consent of parents in certain cases. c. No legal impediment 2. Consent freely given Consent refers to the consent of contracting party, not parental consent. Requirements: a. Freely given b. Intelligently given c. The same must be made in the presence of the solemnizing officer. NOTE: Total absence of content makes the marriage void ab initio. Consent obtained through fraud, force, intimidation, ir undue influence makes such marriage merely annullable or voidable. FORMAL REQUISITES OF MARRIAGE 1. Authority of the solemnizing officer NOTE: In certain cases where the contracting party at the time of marriage believed in good faith that the solemnizing officer was actually empowered to do so, the marriage is valid. 2. Valid marriage license a. Must be issued by the local civil registrar b. It has a lifetime of 120 days from the date of issue and is effective in any part of the Philippines. 3. Marriage ceremony a. No particular ceremony as long as the marriage is in the presence of the solemnizing officer and at least two witnesses of legal age. b. In case of articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one witness to write the name of the said party. c. NOTE: Common-law marriages are not recognized in the Philippines. The absence of any of the essential or formal requisites shall render the marriage void ab initio except as stated in Article 35. Defects or Irregularities in the essential requirements of marriage make the marriage voidable. A marriage license must be shown to solemnizing officer at the time of the marriage. practice of requiring the parties to sign marriage contract first before solemnizing of marriage is highly improper and irregular, if illegal but will not invalidate the marriage. the The the the not

IRREGULARITIES WHICH DO NOT AFFECT THE VALIDITY OF A MARRIAGE: 1. Absence of two witnesses of legal age during the marriage ceremony 2. Absence of marriage certificate 3. Marriage solemnized in a place other than publicly in the chambers of the judge or in an open court, in church, chapel, or temple, or in the office of the consulgeneral, consul, or vice-consul 4. Issuance of marriage license in city or municipality not the residence of either contracting 5. Unsworn application for a marriage license. 6. Failure of the contracting parties between the ages eighteen and twenty-one to exhibit

2 Family Code of the Philippines | Ernestine Eusebio

consent of parents or persons having legal charge of them to the local civil registrar. Failure of the contracting parties to present original birth certificate or baptismal certificate to the local civil registrar who likewise failed to ask for the same. Failure of the contracting parties between the ages of twenty one to twenty five to exhibit advice of parents to local civil registrar. Failure to undergo marriage counseling Failure of the local civil registrar to post the required notices Issuance of marriage license despite absence of publication or prior to the completion of the 10-day period for publication. Failure of the contracting parties to pay the prescribed fees for the marriage license. Failure of the person solemnizing the marriage to send copies of the marriage certificate to the local civil registrar. Failure of the local civil registrar to enter the application for marriage license filed with him in the registry book in order in which they were received. b. The marriage must be between passengers or cre members c. Generallt, the ship must be at sea or plain in flight. 4. Any military commander of a unit to which a chaplain is assigned REQUISITES: a. He or she must be a military commander of a unit b. He or she must be a commissioned officer c. A chaplain must be assigned to such unit d. The said chaplain must be absent at the time of the marriage e. The marriage must be one in articulo mortis f. The contracting parties, whether members of the armed forces or civilian must be within the zone of military operations NOTE: 1. UNIT refers to the battalion under the present table of organization and not a mere company. (Civil Code Revision Committee) 2. A military commander may solemnize a marriage even if the contracting parties do not belong to his or her unit. (Minutes of the 147th joint Civil Code and Family Law) 3. Within the zone of military operation it implies widespread military activity over an area and does not refer to a simulated exercise because it requires absence of civilian authorities 5. Any consul-general, consul or vice-consul HEADS of CONSULAR POST ARE DIVIDED INTO: a. Consul-general b. Consul c. Vice-consul d. Consul agents - Only the first three are authorized to solemnize the marriage. NOTE: A marriage between a Filipino and a foreigner abroad solemnized by a Philippine consul is void. The limits his authority to

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MARRIAGE MAY BE SOLEMNIZED BY: 1. Incumbent member of the judiciary within the courts jurisdiction NOTE: Judges can solemnize marriage only within their courts jurisdiction. 2. Priest, Rabi, Imam, minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general. REQUISITES: a. Must be duly authorized by his or her church or religious sect b. Must act within the limits of the written authority granted to him or her by church or religious sect. c. Must be registered with the civil registrar general d. At least one of the contracting parties whose marriage he or she is to solemnize belongs to his/her church or religious sect. 3. Any ship captain or airplane chief REQUISITES: a. The marriage must be in articulo mortis

3 Family Code of the Philippines | Ernestine Eusebio

solemnize, and he can only do so if both the contracting parties are Filipinos. MARRIAGE LICENSE - Shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except marriages where no license is required. CONTRACTING PARTIES BETWEEN AGES 21 AND 21 - The parties must obtain an advice from their parents or guardian for the 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. DUTY OF THE LOCAL CIVIL REGISTRAR - He/she shall post a notice for inform everybody of the impending marriage. The notice must be posted on a bulletin board outside the office of the local civil registrar located in a place where it is accessible to the general public. - The local civil registrar shall note down any legal impediments.