FAMILY CODE LAW FAVORS VALIDITY OF MARRIAGE

REVIEWER
- The law favors the validity of marriage because the State is
interested in the preservation of the family and
MARRIAGE sanctity of the family is a matter of constitutional
concern.
- Special contract of permanent union between a man and a
woman entered into in accordance with law for the REQUISITES OF MARRIAGE
establishment of conjugal and family life.
- It is the foundation of the family and an inviolable social 1. Essential
institution whose nature, consequences, and incidents are 2. Formal
governed by law and not subject to stipulation, except that
ESSENTIAL REQUISITES OF MARRIAGE
marriage settlements may fix the property relations during
the marriage within the limits provided by this Code. 1. Legal capacity
2. Consent
TWO ASPECTS OF MARRIAGE
FORMAL REQUISITES OF MARRIAGE
1. Special contract
2. Social institution 1. Authority of the solemnizing officer;
2. Valid marriage license; and
MARRIAGE AS SPECIAL CONTRACT
3. Marriage ceremony.
- Generally considered that marriage is a civil contract, at
3 COMPONENTS OF LEGAL CAPACITY
least in the sense that it is entered into by agreement of the
parties. 1. Age requirement;
- However, while marriage is a contract and purely civil, it is 2. Sex of the parties;
also and specially a status or personal relation, founded on 3. Absence of legal impediments mentioned in Articles 37 and
contract and established by law, under which certain rights 38 of the Family Code.
and duties incident to the relationship come into being,
irrespective of the wishes of the parties. AGE REQUIREMENT
- Marriage is also a social institution regulated and controlled
by the State. - Both the contracting parties must be at least eighteen (18)
years of age, otherwise, he or she is not legally capacitated
DISTINGUISHED FROM ORDINARY CONTRACT to contract marriage.
- A marriage contracted by any party below eighteen years of
- Marriage is a contract sui generis, differing in notable age is void from the beginning, even if such marriage is
respects from ordinary contracts. It is a contract of peculiar with the consent of the parents or guardians of the minor.
character and subject to peculiar principles, being usually
accorded more dignity than ordinary contracts, and the ABSENCE OF IMPEDIMENTS
rules applicable to ordinary contracts are not ordinarily
applicable to marriage contracts because of the nature of - Impediments which may affect legal capacity are those
marriage relation and for reasons of public policy. mentioned in Articles 37 and 38:
- The following are the distinctions between marriage and an 1. Between ascendants and descendants of any degree,
ordinary contract: whether the relationship between the parties be
1. The marriage contract cannot be revoked, dissolved or legitimate or illegitimate;
otherwise terminated by the parties, but only by the 2. Between brothers and sisters, whether of the full or
sovereign power of the state; half blood, and whether the relationship between the
2. The nature, consequences and incidents of marriage parties be legitimate or illegitimate;
are governed by law and not subject to agreement; 3. Between collateral blood relatives, whether legitimate
while in ordinary contract, the parties are free to or illegitimate, up to the fourth civil degree;
establish such clauses, terms and conditions provided 4. Between step-parents and step-children;
the same are not contrary to law, morals, good 5. Between parents-in-law and children-in-law;
customs, public order or public policy; 6. Between the adopting parent and the adopted child;
3. Only two persons of opposite sex may enter into a 7. Between the surviving spouse of the adopting parent
contract of marriage, and but one such contract and the adopted child;
may exist at the same time; while ordinary 8. Between the surviving spouse of the adopted child and
contracts may be entered into by any number of the adopter;
persons, whether of the same or different sex; 9. Between an adopted child and a legitimate child of the
4. Marriage is not just a contract; it is likewise a social adopter;
institution. 10. Between adopted children of the same adopter;
11. Between parties where one, with the intention to
MARRIAGE AS SOCIAL INSTITUTION marry the other, killed that other person’s spouse,
or his or her own spouse.
- Specifically, the Constitution considers marriage as an
“inviolable social institution,” and is “the foundation of CONSENT
family life which shall be protected by the State.”
- Our Constitution is so committed to the policy of - Necessary in order to create a valid marriage, and
strengthening the family as a basic social institution without consent the purported marriage is a mere
because the state can find no stronger anchor than on good, nullity.
solid and happy families. - Consent of the parties must be mutual, where one party
- The breakup of families weakens our social and moral alone consents to the contract there is no marriage.
fabric and, hence, their preservation is not the concern
alone of the family members. MANIFESTATION OF CONSENT

PROOF OF MARRIAGE - Contracting parties must “appear personally before the

solemnizing officer and declare in the presence of not
1. Testimony of a witness to the matrimony; less than two witnesses of legal age that they take each
2. Couple’s public and open cohabitation as husband and wife other as husband and wife.”
after the alleged wedlock;
3. Birth and baptismal certificate of children born during such CONSENT MUST BE FREE OR VOLUNTARY
union; and - Must be given freely, voluntarily and intelligently.
4. The mention of such nuptial in subsequent documents. - When consent is obtained through mistake, fraud, force,
intimidation or undue influence, the marriage is annullable.
 - If either of the contracting party is of unsound mind at the
time of the celebration of the marriage, the marriage is
likewise annullable.
AUTHORITY OF THE SOLEMNIZING OFFICER
- If the solemnizing officer is not authorized under the law to
celebrate marriage, the same is ordinarily considered void
ab initio.
- However, if either or both parties believed in good faith
that the solemnizer had the legal authority to do so, then the
marriage shall remain valid despite the solemnizer’s lack of
authority.
PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGES:
1. Incumbent members of the judiciary within the court’s
jurisdiction;
2. Priest, rabbi, imam or minister of any church or religious
sect duly authorized by his church or religious sect;
3. Ship captain or airplane chief, in cases of articulo mortis;
4. Military commanders of a unit, in cases of Articulo mortis;
5. Consul-general, consul or vice-consul, in limited cases.
6. Mayors.
INCUMBENT MEMBERS OF THE JUDICIARY WITHIN
THE COURT’S JURISDICTION
1. Must be incumbent members;
2. Must solemnize the marriage within their court’s
jurisdiction.
PRIEST, RABBI, IMAM OR MINISTER OF ANY CHURCH
OR RELIGIOUS SECT DULY AUTHORIZED BY HIS
CHURCH OR RELIGIOUS SECT
1. The priest, rabbi, imam or minister of any church or
religious sect must be duly authorized by his respective
church or sect;
2. Must be duly registered with the Civil Registrar General;
3. Must act within the limits of his written authority; and
4. At least one of the contracting parties must belong to the
solemnizing officer’s church or sect.
SHIP CAPTAIN OR AIRPLANE CHIEF, IN CASES OF
ARTICULO MORTIS
1. Marriage must be in articulo mortis;
2. Marriage must be between passengers or crew members.
- Such authority may be exercised not only while the ship is
at sea or the plane is in flight but also during stopovers at
ports of call.
MILITARY COMMANDERS OF A UNIT, IN CASES OF
ARTICULO MORTIS
1. He must be a commissioned officer, or an officer in the
armed forces holding rank by virtue of a commission
from the President;
2. Assigned chaplain to his unit must be absent;
3. Marriage must be in articulo mortis;
4. Marriage must be solemnized within the zone of military
operations.
- The contracting parties may either be members of the
armed forces or civilians
CONSUL-GENERAL, CONSUL OR VICE-CONSUL, IN
LIMITED CASES.
- Extends only to “marriages between Filipino citizens
abroad.”
VALID MARRIAGE LICENSE
- Required in order to notify the public that two persons are
about to be united in matrimony and that anyone who
is aware or has knowledge of any impediment to the union
of the two shall make it known to the local civil registrar.
INSTANCES WHEREIN A MARRIAGE LICENSE IS
DISPENSED WITH, TO WIT:
1. In case either or both of the contracting parties are at the
point of death;
2. 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;
3. Marriages among Muslims or among members of the ethnic
communities, provided these are solemnized in accordance
with their customs, rites or practices;
4. Ratification of marital cohabitation between 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.
MARRIAGE CEREMONY
- Solemnization of a marriage comprehends a personal
appearance together by the contracting parties before
one authorized by law to solemnize marriages, and that
the ceremony be entered into and performed by the parties
together with a person authorized to perform such in the
presence of at least two witnesses.
REQUIRED IN A MARRIAGE CEREMONY:
1. Personal appearance of the contracting parties before the
solemnizing officer;
2. Personal declaration that they take each other as
husband and wife; and
3. Such declaration be done in the presence of the
solemnizing officer and at least two witnesses of legal age.
COMMON-LAW MARRIAGE
- Sometimes termed as “consensual marriage” or “marriage
in fact.”
- A common-law marriage is not recognized as valid in the
Philippines because marriage ceremony is a requisite for
the validity of Philippine marriages
WITNESSES
- The requirement of at least two witnesses of legal age is,
however, merely directory so that a failure to comply
therewith does not invalidate the marriage.
EFFECT OF ABSENCE OF ANY REQUISITE
- Absence of any of the essential or formal requisites shall
render the marriage void ab initio.
- The following marriages are void ab initio:
1. Those marriages contracted by any party who is not legally
capacitated;
2. Those marriages where consent is lacking;
3. Those solemnized by any person not authorized to perform
marriages, except when the marriage will fall under the
exception mentioned in Article 35(2) of the Family Code;
4. Those solemnized without a valid marriage license,
except those marriages exempt from the license
requirement; and
5. Common-law marriages and marriages by proxy.
EFFECT OF DEFECT OR IRREGULARITY IN THE
REQUISITES
- If any of the essential requisites is defective, the marriage is
not void ab initio but merely voidable.
- If there is an irregularity in any of the formal requisites, the
validity of the marriage is not affected but the party or
parties responsible for such irregularity shall be civilly,
criminally or administratively liable.
VENUE OR PLACE OF MARRIAGE
1. If the marriage is to be solemnized by a member of the
judiciary, the marriage must be held in the chamber of the
judge or in his sala in open court;
2. If the marriage is to be solemnized by a religious
solemnizer, the marriage must be held in the church,
chapel or temple of the religious solemnizer concerned;
3. If the marriage is to be solemnized by the consul-general,
consul or vice-consul, the marriage must be celebrated in
his office.
CASES WHERE MARRIAGE MAY BE CELEBRATED
ELSEWHERE:
1. Marriage contracted at the point of death;
2. Marriage contracted in remote places in accordance with
the provisions of Article 29 of the Family Code;
3. Both parties requested the solemnizing officer in writing
and under oath to solemnize the marriage elsewhere.
WHERE TO APPLY FOR ISSUANCE OF MARRIAGE
LICENSE
- Application for issuance of marriage license must be filed
in the local civil registrar of the city or municipality where
either contracting party habitually resides, although a
license obtained elsewhere shall not affect the validity of
the marriage.
WHAT MUST BE SPECIFIED IN THE APPLICATION
1. Full name of the contracting party;
2. Place of birth;
3. Age and date of birth;
4. Civil status;
5. If previously married, how, when and where the previous
marriage was dissolved or annulled;
6. Present residence and citizenship;
7. Degree of relationship of the contracting parties;
8. Full name, residence and citizenship of the father;
9. Full name, residence and citizenship of the mother; and
10. Full name, residence and citizenship of the guardian or
person having charge, in case the contracting party has
neither father nor mother and is under the age of twenty-
one years.
DOCUMENTS ACCOMPANYING THE APPLICATION
1. Birth Certificate or Baptismal Certificate
2. Death Certificate of Spouse, Divorce Decree
3. Parental Consent
- In case either or both of the contracting
parties are between the ages of eighteen and
twenty-one, they shall exhibit to the local civil
registrar, the consent to their marriage of their
father, mother, surviving parent or guardian,
or persons having legal charge of them, in the
order mentioned.
- Consent shall be in writing by the interested
party, who personally appears before the proper
local civil registrar, or in the form of an affidavit
made in the presence of two witnesses and
attested before any official authorized by law to
administer oaths.
4. Parental Advice
- Any contracting party between the age of twenty-
one and twenty-five shall be obliged to ask their
parents or guardian for advice upon the intended
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
therefor.
- A sworn statement by the contracting parties to
the effect that such advice has been sought,
together with the written advice given, if any,
shall be attached to the application for marriage
license.
- Should the parents or guardian refuse to give any
advice, this fact shall be stated in the sworn
statement.
- If a marriage license is issued notwithstanding
the absence of such parental advice or prior to
the three-month suspension period under
Article 15 of the Family Code, the same shall be
considered as mere irregularity in the issuance of
the license and shall not affect the validity of the
marriage.
5. Certificate of Marriage Counselling
- Issued by a religious solemnizer or a marriage
counsellor duly accredited by the government is
required in cases where parental consent or
parental advice is needed.
6. Certificate of Legal Capacity
- When either or both the contracting parties are
citizens of a foreign country it shall be necessary
for them before a marriage license can be
obtained in the Philippines, to submit a certificate
of legal capacity to contract marriage, issued by
their respective diplomatic or consular
officials.
NOTICE AND PUBLICATION OF APPLICATION
- Local civil registrar shall prepare a notice which shall
contain the full names and residences of the applicants for a
marriage license and other data given in the applications.
- The notice shall be posted for 10 consecutive days on a
bulletin board outside the office of the local civil registrar
located in a conspicuous place within the building and
accessible to the general public.
VALIDITY OF MARRIAGE LICENSE
- Marriage license shall be valid in any part of the
Philippines for a period of 120 days from the date of issue.
MARRIAGE CERTIFICATE
- Best documentary evidence of a marriage.
- However, the absence thereof is not proof that no marriage
took place since other evidence may be presented to prove
the existence of marriage.
CONTENTS OF MARRIAGE CERTIFICATE
1. the full name, sex and age of each contracting party;
2. their citizenship, religion and habitual residence;
3. the date and precise time of the celebration of the marriage;
4. that the proper marriage license has been issued according
to law, except in marriage provided for in Chapter 2 of this
Title;
5. that either or both of the contracting parties have secured
the parental consent in appropriate cases;
6. that either or both of the contracting parties have complied
with the legal requirement regarding parental advice in
appropriate cases;
7. That the parties have entered into marriage settlement, if
any, attaching a copy thereof.
DISTRIBUTION OF COPIES
- Marriage certificate shall be accomplished by the person
solemnizing the marriage in quadruplicate copies and each
copy shall be distributed, as follows:
1. the original copy shall be given to either of the
contracting parties;
2. the duplicate and triplicate copies shall then be sent to
the local civil registrar of the place where the marriage
was solemnized; and
3. the quadruplicate copy shall be retained by the
solemnizing officer, together with the original of the
marriage license and, in proper cases, the affidavit of
the contracting party regarding the solemnization of
the marriage in a place other than those
mentioned in Article 8.
MARRIAGES THAT ARE VOID AB INITIO EVEN IF VALID
IN THE PLACE WHERE IT WAS CELEBRATED:
1. If both parties are Filipinos and either one or both of them
is below 18;
2. If one of the parties to a marriage is a citizen of the
Philippines and he or she is below 18;
3. If the marriage is bigamous or polygamous;
4. If the marriage is contracted through mistake of one
contracting party as to the identity of the other;
5. If one of the parties in a subsequent marriage is a party to a
prior marriage which has been annulled or judicially
declared void but fails to comply with the requirement of
article 52 of the Code;
6. If one of the parties to a marriage, at the time of the
celebration, was psychologically incapacitated to comply
with the essential marital obligations of marriage;
7. If the marriage is incestuous;
8. If the marriage is void by reason of public policy.
MARRIAGES BETWEEN FILIPINOS CELEBRATED
ABROAD CONSIDERED AS VALID IN THE PHILIPPINES,
IF VALID IN THE PLACE WHERE IT WAS CELEBRATED
1. A marriage celebrated without a marriage license if such is
not a requirement in the place where the marriage was
celebrated. However, if the marriage is celebrated before
the Philippine consular officials under article 10 of the
Code, the requirement of a valid marriage license cannot be
dispensed with and the absence of which shall render the
marriage void.
 2. A marriage celebrated by a person not included in the
enumeration in article 7 of the Code if, under the
laws of the place where the marriage is celebrated, he has
the authority to solemnize marriages.
3. A proxy marriage
MARRIAGES EXEMPT FROM THE LICENSE
REQUIREMENT
1. Cases where either or both of the contracting parties are at
the point of death;
- Marriage shall remain valid even if the ailing
party subsequently survives.
- Solemnizing officer is required to execute an
affidavit stating that the marriage was performed
in articulo mortis and that he took the necessary
steps to ascertain the ages and relationship of the
contracting parties and the absence of legal
impediment to the marriage.
2. 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;
- 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
- Solemnizing officer is likewise required to
execute an affidavit stating that 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 and that
he took the necessary steps to ascertain the ages
and relationship of the contracting parties and the
absence of legal impediment to the marriage.
3. Marriages among Muslims or among members of ethnic
cultural communities provided the same are solemnized
according to their customs, rites or practices;
4. Marriages 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.
REQUISITES FOR COMMON LAW COHABITATION
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. Fact of absence of legal impediment between the parties
must be present at the time of marriage;
4. Parties must execute an affidavit stating that they have
lived together for at least five years
5. 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.
with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so;
3. Those solemnized without license, except those covered by
the preceding Chapter;
4. Those bigamous or polygamous marriages not failing under
Article 41;
5. Those contracted through mistake of one contracting party
as to the identity of the other; and
6. Those subsequent marriages that are void under Article 53
CHARACTERISTICS OF PSYCHOLOGICAL INCAPACITY
1. Gravity
- The incapacity must be grave or serious that the
party would be incapable of carrying out the
ordinary duties required in marriage.
2. Juridical antecedence
- The incapacity must be rooted in the history of
the party antedating the marriage, although the
overt manifestations may emerge only after the
marriage.
3. Incurability
- The incapacity must be incurable or, even if it
were otherwise, the cure would be beyond the
means of the party involved.
GUIDELINES IN THE INTERPRETATION AND
APPLICATION OF ART. 36 (MOLINA DOCTRINE)
1. The burden of proof to show the nullity of the marriage
belongs to the plaintiff.
2. A petition under Article 36 of the Family Code shall
specifically allege the complete facts showing that either or
both parties were psychologically incapacitated from
complying with the essential marital obligations of
marriage at the time of the celebration of marriage
even if such incapacity becomes manifest only after its
celebration.
3. The incapacity must be proven to be existing at the time of
the marriage.
4. Such incapacity must also be shown to be medically or
clinically permanent or incurable.
5. Such illness must be grave enough to bring about the
disability of the party to assume essential obligations of
marriage.
6. The essential marital obligations must be those embraced
by Articles 68 up to 71 of the Family Code as regards the
husband and wife as well as Articles 220, 221 and 225 of
the same Code in regard to parents and their children.
7. Interpretations given by the National Appellate
Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling or decisive, should be
given respect in our court.

VOID MARRIAGES

- Is deemed never to have taken place at all and cannot be the

source of rights.
- Can be attacked collaterally.
- Have no legal effects except those declared by law
concerning the properties of the alleged spouses, regarding
co-ownership or ownership through actual joint
contribution, and its effect on the children born to such
void marriages

VOIDABLE MARRIAGE

- Considered valid and produces all its civil effects, until it is

set aside by final judgment of a competent court in an
action for annulment.
- Can be generally ratified or confirmed by free cohabitation
or prescription while a void marriage can never be ratified
and is not subject to prescription.
- Can be assailed only in a direct proceeding for that purpose
and not collaterally 224

MARRIAGES VOID FROM THE BEGINNING

1. Those contracted by any party below eighteen years of age

even with the consent of parents or guardians;
2. Those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted