1.

How do Philippine Laws define the following:

a. Appearance before the solemnizing officer

The solemnization of a marriage requires that there is a personal

appearance together by the contracting parties before one authorized by law to

solemnize marriages.1

In Mortigo vs. People2, the contracting parties merely signed the marriage

contract on their own. The act of signing was made as a private act in the

absence of the solemnizing officer. The Supreme Court held that such act does

not give rise to a valid marriage as in this case, no marriage ceremony performed

by a duly authorized solemnizing officer.

b. Personal Declaration of the Parties

Under Article 3, paragraph 3 of the Family Code, the parties must have a

personal declaration that they take each other as husband and wife in the

presence of at least two witnesses. This is considered as a way of manifesting

1 Elmer T. Rabuya, 2006, The Law on Persons and Family Relations, (Manila: REX Book Store)
p152.
2 G.R. No. 145226, February 06, 2004.

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consent to the contract of marriage. The contracting parties must in fact assent

and there must be a physical acceptance to the contract.3

This requirement has been reiterated in Article 6, paragraph 1 of the

Family Code which states that:

No prescribed form or religious rite for the

solemnization of the marriage is required. It shall be
necessary, however, for the contracting parties to
appear personally before the solemnizing officer and
declare in the presence of not less than two witnesses
of legal age that they take each other as husband and
wife. This declaration shall be contained in the
marriage certificate which shall be signed by the
contracting parties and their witnesses and attested
by the solemnizing officer.

The aforementioned provision is clear in entailing that for a marriage to

exist, the contracting parties must appear personally before the authorized officer

in declaring that they take each other as husband and wife. Thus, physical

presence and appearance of the contracting parties are vital. The law, however,

does not require that such declaration must be made by word of mouth, or that it

may not be expressed in any other mode.

3Elmer T. Rabuya, 2006, The Law on Persons and Family Relations, (Manila: REX Book Store)
p146.
2