Batas sa Pinas - Simplified.

July 5 at 10:31pm
Opinion.
Illegal Marriage; Void Marriage
Article 2, Family Code provides, that "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." (emphasis)
Undeniably, absence or non compliance with these requirements, such as marriage between
BOTH males, or BOTH females, otherwise known as "same sex" marriage, renders the marriage
void (Section 4,FC). Because, the same is executed against the provision of a mandatory law,
except the law itself authorizes its validity. (Article 5, Civil code). Unfortunately, as of this
moment, there is NO law authorizing its validity.
How about those who knowingly violated, or deliberately did not comply with these
REQUIREMENTS and, nevertheless, got married, is there any criminal liability for them? Such
as, the parties who knowingly got married in violation of the law, or the pastor or priest who
solemnized such marriage?
Under Article 350, Revised Penal Code, it says, "the penalty of Prision Corectional med-max
shall be imposed upon any person who, ..shall contract marriage knowing that the
requirements of the law have NOT been complied with..."
ERGO, the parties may be prosecuted for the crime under Illegal Marriages under Article 350,
RPC, by not complying with the requirements in Article 2, Family Code---- with imprisonment of
prision corectional med to max period (2yrs,4mo,1day to 6yrs). The solemnizing officer may
likewise be meted with under Article 352, RPC.
NOTE, however, that our criminal laws, as a rule, only operate within our territorial jurisdiction.
So only illegal marriages solemnized within the Philippines may be punished under Art. 350,
RPC.