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March 27, 2012

Requisites of a Valid Marriage in the Philippines


March 27, 2012 By Admin Leave a Comment

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From the inception of the Family Code in August 1988, the requisites of a valid marriage in the Philippines had been divided into two major classifications: the Essential and the Formal. The essential requisites include: 1. Legal capacity of the contracting parties, who must be male and female; and 2. Consent freely given in the presence of the solemnizing officer. On the other hand, the formal requisites are: 1. Authority of the solemnizing officer; 2. A valid marriage license except in the certain circumstances; 3. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. Theabsenceofanyoftheessentialorformalrequisitesmakethemarriagevoidabinitio.However, the distinction between the classifications become material in case there are defects or irregularities in the requisites. Defects apply to the essential requisites of marriage, while irregularities pertain to the formal requisites.Anydefectintheessentialrequisitesrenderthemarriagevoidableorvaliduntilannulled. Anirregularityinanyoftheformalrequisitesdoesnotaffectthevalidityofthemarriage.However, the party responsible for such irregularity will be subject to criminal, civil or administrative liability.
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