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MARRIAGE
A Special Contract
* Permanent Union
* Between Man and Woman
* Not subject to stipulation, except as to Marriage Settlement
* With Penal and Civil sanction for violation
A Civil Status
* Inviolable social institution
II. ESSENTIAL REQUISITES
1. Legal Capacity
* Male and female
* 18 years or more
* If 18-21, with parental consent
* Not incestuous or against Public policy
2. Consent Freely Given
* Knowingly done, Not through fraud, force, intimidation, undue influence
FORMAL REQUISITES
1. Authorized Solemnizing Officer
2. Valid marriage license (120 days)
When license not required:
* Man and woman have lived together as husband and wife for at least 5 years; wi
thout any legal impediment to marry each other
* Point of Death Marriage (Articulo Mortis)
* If either party is in remote/distant place with no means of transportation to
appear before civil registrar
* Marriages among Muslim/ethnic cultural communities solemnized in accordance wi
th their customs, rites, practices
3. Marriage Ceremony
* Contracting parties personally appear before solemnizing officer
* Declaration to take each other as husband and wife
* Not less than two (2) witnesses
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VII. VOID MARRIAGES
1. One party less than 18 years of age
2. No authority of solemnizing officer
Except: When at least one party believes in good faith that officer had authorit
y
3. No Marriage license
4. No Marriage Ceremony (secret marriages/ common law marriage)
5. Bigamous or polygamous marriages
6. Mistake as to identity of one contracting party
7. Incestuous Marriage
* Ascendants and descendants
* Brothers and sisters, whether full or half blood
8. Public policy prohibition
a. Between Collateral Relatives up to 4th Civil Degree;
b. Step-parents and step-children;
c. Parents-in-law and children-in-law
d. Adopting parent and the adopted child
e. Surviving spouse of the adopting parent and the adopted child
f. Surviving spouse of the adopted child and the adopter
g. Adopted child and a legitimate child of the adopter
h. Adopted child of the same adopter
i. Parties where one, with the intention to marry the other, killed that other p
erson s spouse, or own spouse
j.