FAMILY CODE
Only two persons of opposite sex may
REVIEWER
MARRIAGE
- Special contract of permanent union
between a man and a woman entered into in
accordance with law for the establishment of
conjugal and family life.
- It is the foundation of the family and an
inviolable social institution whose nature,
consequences, and incidents are governed by
law and not subject to stipulation, except
that marriage settlements may fix the
property relations during the marriage
within the limits provided by this Code.
TWO ASPECTS OF MARRIAGE
1. Special contract
2. Social institution
MARRIAGE AS SPECIAL CONTRACT
- Generally considered that marriage is a civil
contract, at least in the sense that it is
entered into by agreement of the parties.
- However, while marriage is a contract and
purely civil, it is also and specially a status
or personal relation, founded on contract and
established by law, under which certain
rights and duties incident to the relationship
come into being, irrespective of the wishes
of the parties.
- Marriage is also a social institution regulated
and controlled by the State.
DISTINGUISHED FROM ORDINARY
CONTRACT
- Marriage is a contract sui generis, differing
in notable respects from ordinary contracts.
It is a contract of peculiar character and
subject to peculiar principles, being usually
accorded more dignity than ordinary
contracts, and the rules applicable to
ordinary contracts are not ordinarily
applicable to marriage contracts because of
the nature of marriage relation and for
reasons of public policy.
- The following are the distinctions between
marriage and an ordinary contract:
1. The marriage contract cannot be
revoked, dissolved or otherwise
terminated by the parties, but only by
the sovereign power of the state;
2. The nature, consequences and incidents
of marriage are governed by law and
not subject to agreement; while in
ordinary contract, the parties are free to
establish such clauses, terms and
conditions provided the same are not
contrary to law, morals, good customs,
public order or public policy;
3.
enter into a contract of marriage, and
but one such contract may exist at
the same time; while ordinary
contracts may be entered into by any
number of persons, whether of the same
or different sex;
4. Marriage is not just a contract; it is
likewise a social institution.
MARRIAGE AS SOCIAL INSTITUTION
- Specifically, the Constitution considers
marriage as an “inviolable social
institution,” and is “the foundation of family
life which shall be protected by the State.”
- Our Constitution is so committed to the
policy of strengthening the family as a basic
social institution because the state can find
no stronger anchor than on good, solid and
happy families.
- The breakup of families weakens our social
and moral fabric and, hence, their
preservation is not the concern alone of the
family members.
PROOF OF MARRIAGE
1. Testimony of a witness to the matrimony;
2. Couple’s public and open cohabitation as
husband and wife after the alleged wedlock;
3. Birth and baptismal certificate of children
born during such union; and
4. The mention of such nuptial in subsequent
documents.
LAW FAVORS VALIDITY OF MARRIAGE
- The law favors the validity of marriage
because the State is interested in the
preservation of the family and sanctity of
the family is a matter of constitutional
concern.
REQUISITES OF MARRIAGE
1. Essential
2. Formal
ESSENTIAL REQUISITES OF MARRIAGE
1. Legal capacity
2. Consent
FORMAL REQUISITES OF MARRIAGE
1. Authority of the solemnizing officer;
2. Valid marriage license; and
3. Marriage ceremony.
3 COMPONENTS OF LEGAL CAPACITY
1. Age requirement;
2. Sex of the parties;
3. Absence of legal impediments mentioned in
Articles 37 and 38 of the Family Code.
AGE REQUIREMENT
- Both the contracting parties must be at least
eighteen (18) years of age, otherwise, he or
she is not legally capacitated to contract
marriage.
- A marriage contracted by any party below
eighteen years of age is void from the
beginning, even if such marriage is with the
consent of the parents or guardians of the
minor.
ABSENCE OF IMPEDIMENTS
- Impediments which may affect legal
capacity are those mentioned in Articles 37
and 38:
1. Between ascendants and descendants of
any degree, whether the relationship
between the parties be legitimate or
illegitimate;
2. Between brothers and sisters, whether of
the full or half blood, and whether the
relationship between the parties be
legitimate or illegitimate;
3. Between collateral blood relatives,
whether legitimate or illegitimate, up to
the fourth civil degree;
4. Between step-parents and step-children;
5. Between parents-in-law and children-in-
law;
6. Between the adopting parent and the
adopted child;
7. Between the surviving spouse of the
adopting parent and the adopted child;
8. Between the surviving spouse of the
adopted child and the adopter;
9. Between an adopted child and a
legitimate child of the adopter;
10. Between adopted children of the same
adopter;
11. Between parties where one, with the
intention to marry the other, killed that
other person’s spouse, or his or her
own spouse.
CONSENT
- Necessary in order to create a valid
marriage, and without consent the
purported marriage is a mere nullity.
- Consent of the parties must be mutual,
where one party alone consents to the
contract there is no marriage.
MANIFESTATION OF CONSENT
- Contracting parties must “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.”
CONSENT MUST BE FREE OR VOLUNTARY
- Must be given freely, voluntarily and
intelligently.
- 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 MARRIAGES VOID FROM THE BEGINNING
required to execute an affidavit
1. Those contracted by any party below
stating that the residence of either
eighteen years of age even with the consent
party is so located that there is no
of parents or guardians;
means of transportation to enable
2. Those solemnized by any person not legally
such party to appear personally
authorized to perform marriages unless such
before the local civil registrar and
marriages were contracted with either or
that he took the necessary steps to
both parties believing in good faith that the
ascertain the ages and relationship
solemnizing officer had the legal authority
of the contracting parties and the
to do so;
absence of legal impediment to the
3. Those solemnized without license, except
marriage.
those covered by the preceding Chapter;
3. Marriages among Muslims or among
4. Those bigamous or polygamous marriages
members of ethnic cultural communities
not failing under Article 41;
provided the same are solemnized according
5. Those contracted through mistake of one
to their customs, rites or practices;
contracting party as to the identity of the
4. Marriages of a man and a woman who have
other; and
lived together as husband and wife for at
6. Those subsequent marriages that are void
least five years and without any legal
under Article 53
impediment to marry each other.
CHARACTERISTICS OF PSYCHOLOGICAL
REQUISITES FOR COMMON LAW
INCAPACITY
COHABITATION
1. Gravity
1. The man and woman must have been
- The incapacity must be grave or
living together as husband and wife for
serious that the party would be
at least five years before the marriage;
incapable of carrying out the
2. The parties must have no legal impediment
ordinary duties required in marriage.
to marry each other;
2. Juridical antecedence
3. Fact of absence of legal impediment
- The incapacity must be rooted in the
between the parties must be present at
history of the party antedating the
the time of marriage;
marriage, although the overt
4. Parties must execute an affidavit stating that
manifestations may emerge only
they have lived together for at least five
after the marriage.
years
3. Incurability
5. Solemnizing officer must execute a sworn
- The incapacity must be incurable or,
statement that he had ascertained the
even if it were otherwise, the cure
qualifications of the parties and that he had
would be beyond the means of the
found no legal impediment to their marriage.
party involved.
VOID MARRIAGES
GUIDELINES IN THE INTERPRETATION
- Is deemed never to have taken place at all AND APPLICATION OF ART. 36 (MOLINA
and cannot be the source of rights. DOCTRINE)
- Can be attacked collaterally.
1. The burden of proof to show the nullity of
- Have no legal effects except those declared
the marriage belongs to the plaintiff.
by law concerning the properties of the
2. A petition under Article 36 of the Family
alleged spouses, regarding co-ownership or
Code shall specifically allege the complete
ownership through actual joint contribution,
facts showing that either or both parties
and its effect on the children born to such
were psychologically incapacitated from
void marriages
complying with the essential marital
VOIDABLE MARRIAGE obligations of marriage at the time of
the celebration of marriage even if such
- Considered valid and produces all its civil
incapacity becomes manifest only after its
effects, until it is set aside by final judgment
celebration.
of a competent court in an action for
3. The incapacity must be proven to be existing
annulment.
at the time of the marriage.
- Can be generally ratified or confirmed by
4. Such incapacity must also be shown to be
free cohabitation or prescription while a
medically or clinically permanent or
void marriage can never be ratified and is
incurable.
not subject to prescription.
5. Such illness must be grave enough to bring
- Can be assailed only in a direct proceeding
about the disability of the party to assume
for that purpose and not collaterally 224
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.