Art. 27.
In case either or both of the contracting parties are Purpose of the Affidavit
at the point of death, the marriage may be solemnized
without the necessity of a marriage license and shall remain
valid even if the ailing party subsequently survives.
When No New Marriage Ceremony Is Needed
A marriage remains valid even without need of a new
marriage ceremony if the ailing party survives.
Art. 28. 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, the
marriage may be solemnized without the necessity of a
marriage license.
Rule If Both Parties are at the Point of Death
There can be a valid marriage in articulo mortis even if both
parties are at the point of death, provided, of course, that all the
essential requisites are present. It is clear that the parties
concerned must be conscious of what they are doing.
Signature of Dying Party
In a marriage in articulo mortis, while it is advisable that a
witness to the marriage should sign the dying party’s signature
if the latter be physically unable to do so, still if upon order of
the solemnizing official, another person should so sign, the
marriage is still valid. The law as much as possible intends to
give legal effect to a marriage. As a matter of fact, no particular
form for a marriage celebration is prescribed.
Who Can Perform Marriages in Articulo Mortis
It is erroneous to say that only priests, ship captains, airplane
chiefs or commanding officers (in the particular instances
enumerated in Arts. 31 and 32) are the ones who can perform a
marriage in articulo mortis. A justice, a judge, etc., can also do
so within their respective jurisdictions.
‘Danger of Death’ Distinguished from ‘Point of Death’
If a soldier is about to go to war, he may be in danger of death,
but not at the point of death; hence, a marriage in articulo mortis
would not be applicable to him.
Marriage in a Remote Place
The marriage in Art. 28 is a marriage in a remote place. There
is no prescribed minimum or maximum distance, unlike that in
the Civil Code.
Art. 29. In the cases provided for in the two preceding
articles, the solemnizing officer shall state in an affidavit
executed before the local civil registrar or any other person
legally authorized to administer oaths that the marriage
was performed in articulo mortis or that the residence of
either party, specifying the barrio or barangay, is so located
that there is no means of transportation to enable such
party to appear personally before the local civil registrar
and that the officer took the necessary steps to ascertain the
ages and relationship of the contracting parties and the
absence of a legal impediment to the marriage.
The affidavit is for the purpose of proving the basis for
exemption from the marriage license. Even if there is failure on
the part of the solemnizing officer to execute the necessary
affidavit, such irregularity will not invalidate the marriage for
the affidavit is not being required of the parties. (See Soriano
v. Felix, L-9005, June 20, 1958).
Art. 30. The original of the affidavit required in the last
preceding article, together with a legible copy of the
marriage contract, shall be sent by the person solemnizing
the marriage to the local civil registrar of the municipality
where it was performed within the period of thirty days
after the performance of the marriage.
Civil Registrar Is Given the Original of the Affidavit
This is so for the simple fact that he keeps the records of
marriages taking place. Thus, the local civil registrar is given
the original of the affidavit which takes the place of a marriage
license. Again, failure to comply with said requirement does not
invalidate the marriage.
Art. 31. A marriage in articulo mortis between passengers
or crew members may also be solemnized by a ship captain
or by an airplane pilot not only while the ship is at sea or
the plane is in flight, but also during stopovers at ports of
call.
The marriage may be solemnized during stopovers.
Art. 32. A military commander of a unit who is a
commissioned officer, shall likewise have authority to
solemnize marriages in articulo mortis between persons
within the zone of military operation, whether members of
the armed forces or civilians.
Special Cases of Marriages in Articulo Mortis
(a) The people referred to in Arts. 31 and 32 can celebrate
the marriage only if it is in articulo mortis.
(b) Of course, other people, like a judge or a consul, can
perform a marriage in articulo mortis.
Re: Military Commander
(a) must be a commissioned officer
(b) marriage may be between civilians, also if in articulo
mortis.
Art. 33. Marriages among Muslims or among members of
the ethnic cultural communities may be performed validly
without the necessity of a marriage license, provided that
they are solemnized in accordance with their customs, rites
or practices.
No Judicial Notice
No judicial notice can be taken of Mohammedan rites and
customs for marriage. They must be alleged and proved in
court. (People v. Dumpo, 62 Phil. 246).
Consistency With the Constitution
Art. 33 is but consistent with the constitutional provision which
provides that “the State shall recognize, respect, and protect the
rights of indigenous cultural communities to preserve and
develop their cultures, traditions, and institutions. It shall
consider these rights in the formulation of national plans and
policies.’’
Art. 34. No license shall be necessary for the marriage 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. The contracting parties
shall state the foregoing facts in an affidavit before any
person authorized by law to administer oaths. The
solemnizing officer shall also state under oath that he
ascertained the qualifications of the contracting parties and
found no legal impediment to the marriage.
Ratification of Marital Cohabitation — Requisites
(a) The contracting parties must have lived together as husband
and wife for at least five years before the marriage they are
entering into.
Effect of the New Majority Age of 18
Although A and B were merely 18 years old, they swore to an
affidavit stating they were of legal age. Previously, they had
been living together for more than five years. If they marry
without a marriage license on the strength of such affidavit, the
marriage should be considered as VALID because the age of
majority is now 18.
Reason for the Article
“The publicity attending the marriage license may discourage
such persons from legalizing their status.’’
VOID AND VOIDABLE MARRIAGES
Distinctions Between a Void and a Voidable Marriage
VOID VOIDABLE
(a) Can never be ratified. (a) Can generally be ratified
by free cohabitation. (b) Valid until annulled.
(b) Always void. (c) Cannot be assailed collaterally;
(c) Can be attacked directly there must be a direct proceeding.
or collaterally. (d) There is a conjugal partnership.
(d) There is no conjugal
partnership (Only a coownership).
Two Kinds of Impediments in Marriages
(a) Diriment impediments They make the marriage
VOID.
Examples:
1) Close blood relationship
2) Prior existing marriage
(b) Prohibitive impediments They do not affect the validity
of the marriage, but criminal prosecution may follow.
Art. 35. The following marriages shall be 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 with either or both parties believing in good faith
that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without a license, except those covered
by the preceding Chapter;
(4) Those bigamous or polygamous marriages not falling
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.
Art. 36. A marriage contracted by any party who, at the
time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes
manifest only after its solemnization.
‘Psychological Incapacity’ As a Ground to Render the
Marriage Void
The “psychological incapacity’’ to comply with the essential
marital obligations of marriage is a ground that will render the
marriage void. This incapacity need not necessarily be
manifested before or during the marriage although it is a basic
requirement that the psychological defect be existing during the
marriage. Thus, “a marriage contracted by any party who, at the
time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall
likewise be void even if such incapacity becomes manifest only
after its solemnization.’’
The Concept of “Psychological Incapacity’’
“Psychological incapacity’’ is the condition of a person who
does not have the mind, will, and heart for the performance of
marriage obligations. Said incapacity must be a lasting
condition, i.e., the signs are clear that the subject will not be rid
of his incapacity, considering the peculiar socio-cultural milieu
of his marriage, its actual situation, and the concrete person of
his spouse. However, the incapacity must already be a condition
in the subject at the time of the wedding, although its
manifestation or detection would occur later.
QUERY
Is an unsatisfactory marriage considered a null and void
marriage?
Ans.: No, it is not. (Perez-Ferraris v. Ferraris, 495 SCRA
396 [2006]).
ANOTHER QUERY Is Art. 36 of the Family Code dealing
with “psychological incapacity” the same as that of “divorce”?
ANSWER: No. Said Art. (36) should not be confused with
a divorce law that cuts the marital bond at the time, the causes
therefor manifest themselves, and neither is it to be equated
with legal separation, in which the grounds need not be rooted
in psychological incapacity but on physical violence, moral
pressure, moral corruption, civil interdiction, drug addiction,
habitual alcoholism, sexual infidelity, abandonment, and the
like. (Perez-Ferraris v. Ferraris, supra).
Effect of the Rule ‘Expert Opinion Need Not Be Alleged’
The obvious effect on the new rules providing that “expert
opinion need not be alleged’’ in the petition is that there is also
no need to alleged the root cause of the psychological incapacity
— only experts in the fields of neurological and behavioral
sciences are competent to determine the root cause of
psychological incapacity.
Art. 36 of the Family Code is Not to be Confused with a
Divorce Law
Art. 36 of the Family Code is NOT TO BE CONFUSED
WITH A DIVORCE LAW that cuts the material bond at the
time the causes therefore manifest themselves –– it refers to a
serious psychological illness afflicting a party even before the
celebration of the marriage.
license is obtained (and then postdates the marriage contract)
on the request of the mother of the bride (who had been raped),
he can be said to have acted imprudently, and should be
admonished.
Bigamous Marriage
A girl married a man who, unknown to her, was already married
to another, who was still alive. Is the marriage valid or void?
ANSWER: The marriage is VOID and BIGAMOUS, the good
faith of the girl being immaterial.
Incestuous Marriage
Examples: A person cannot marry his sister, or his
grandmother.
Reason for the law: Contrary to public policy.

Art. 37. Marriages between the following are incestuous and Stepbrothers, Etc.
void from the beginning, whether the relationship between
the parties be legitimate or illegitimate: A woman with a child G got married to a man with a child, B.
(1) Between ascendants and descendants of any degree; May G and B get validly married to each other?
and ANSWER: Yes, because although they are considered as
(2) Between brothers and sisters, whether of the full stepbrother and stepsister of each other, still such a marriage,
or half-blood. (81a) while prohibited under the Civil Code, is now allowed under
the Family Code.
How Degrees of Generation Are Computed
(a) In the direct line, count ALL who are included, then minus Example:
one. Herein, a granddaughter is two degrees away from M marries W, who has a daughter D. When W dies, may M
the grandfather (GF-F GD=3-1=2 degrees). marry D?
(b) In the collateral line — go up to the nearest common ANSWER: No, because he is her stepfather.
ancestor, then go down minus one. (Hence, brothers are Question:
2 degrees apart [13,-F-B2 = 3-1=2].) G marries B. May G’s mother marry B’s father?
ANSWER: Yes, because the law provides no impediment
Art. 38. The following marriages shall be void from the for them, assuming that all other requisites are present.
beginning for reasons of public policy:
(1) Between collateral blood relatives, whether legitimate Rule for Roman Catholic Priests
or illegitimate, up to the fourth civil degree; May a Roman Catholic priest get married?
(2) Between step-parents and step-children; ANSWER: Yes, under the civil law, for his being a priest
(3) Between parents-in-law and children-in-law; is not, under our law, a disqualification. Thus, it is legally
(4) Between the adopting parent and the adopted possible for such a priest to have a legitimate child.
child;
(5) Between the surviving spouse of the adopting parent
and the adopted child;
(6) Between the surviving spouse of the adopted child
and the adopter;
(7) Between an adopted child and a legitimate child of
the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to
marry the other, killed that other person’s spouse, or his or
her own spouse.

Other Void Marriages

(a) Marriages in a play, drama, or movie.
(b) Marriages between two boys and two girls.
(c) Marriages in jest.
(d) Common law marriages.

Liability of Solemnizer
Negre v. Rivera
Adm. Matter No. 343-MJ
June 22, 1976
If a Judge signs a marriage contract before the marriage