(A) Requirements of Marriage

(B) Void and Voidable Marriages

Marriage is a 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.
REQUIREMENTS OF
MARRIAGE
 ESSENTIAL FORMAL
REQUISITES REQUISITES

Inherent in the parties, Requirements independent of

carried everywhere the parties

ABSENCE Void ab initio Void ab initio

DEFECT/ Voidable Voidable

IRREGULARITY
1. Legal capacity of the contracting parties who
must be male and female.
• Age
• Freedom from any other marriage
• Relationship of the parties with each other

2. Consent freely given in the presence of the

solemnizing officer.
1. Authority of the Solemnizing Officer

2. Valid Marriage License (except in certain

circumstances)

3. Marriage Ceremony
 SOLEMNIZING OFFICER
1. Incumbent member of the Judiciary within his
jurisdiction.
2. Priest, Rabbi, Imam or Minister of any Church or
Religious Sect. Must be:
• Duly authorized by his church or religious sect
• Registered with the civil registrar general
• Acting within the limits of the written authority
granted to him by his church or religious sect.
• At least one of the contracting parties belongs
to the solemnizing officer’s church or religious
sect.
3. Ship Captain or Airplane Chief may solemnize a
marriage in articulo mortis between passengers or
crew members.
4. A Military commander of a unit may solemnize
marriages in articulo mortis between persons within
the zone of military operation.
5. Consul-general, consul or vice-consul may
solemnize marriages between Filipino citizens
abroad.
6. Municipal and City Mayors.
MARRIAGE LICENSE
General Rule Parties getting married are
required to secure a marriage license.

• Issued by local registrar of city or municipality

where either contracting party habitually
resides.
• Each contracting party should file separately.
• License valid in any part of the Philippines for
120 days from date of issue, automatically
cancelled at the expiration of such period.
Exceptions
1. Marriage held in articulo mortis:
• Between passengers or crew members in a ship
or airplane
• Persons within a military zone
2. Marriage held in remote and inaccessible places
3. Marriages by Muslims and Ethnic cultural
minorities provided they are solemnized in
accordance with their customs, rites or practices.
4. Marriage by parties who have cohabited for at
least 5 years without any legal impediment to
marry each other.
 REQUIREMENTS IN APPLYING FOR
MARRIAGE LICENSE
1. Personal appearance of both applicants.
2. File an application of Marriage License at the
proper local civil registrar.
3. Original Birth or Baptismal certificates of both
applicants.
4. Certificate of No Marriage issued by PSA.
5. If previously married, present the judicial decree
of the absolute divorce, or the judicial decree of
annulment or declaration of nullity of his or her
previous marriage.
6. If widowed, present a copy of the Death
Certificate of deceased spouse.
7. If aged 18-21 years, present parental consent.
8. If aged 21-25, present parental advice.
9. If aged 18-25, present Certificate of Attendance
in a pre-marriage counseling, family planning
and responsible parenthood seminar.
10. Community Tax Certificate
11. Barangay Clearance
12. 2 valid IDs
13. Recent 1x1 photo
MARRIAGE CEREMONY
No prescribed form or religious rite for the
solemnization of marriage is required.

1. Appearance of contracting parties in the

presence of solemnizing officer

2. Personal declaration that they take each other

as husband and wife.

3. Presence of not less than 2 witnesses

4. The declaration shall be contained in the
Marriage certificate.

5. Marriage certificate shall be Signed by the

contracting parties and their witnesses and
attested by the solemnizing officer.
VOID & VOIDABLE
MARRIAGES
 VOID VOIDABLE
MARRIAGES MARRIAGES

Inexistent, as if no Valid until it is

marriage transpired declared annulled
between the couple

Remedy Declaration of Nullity Annulment

of Marriage

XXXX XXXX XXXX

VOID
MARRIAGES
VOID MARRIAGES
1) Contracted by any party below 18 years of age.
2) 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) Solemnized without a valid marriage license.
(Except in marriages under exceptional
circumstances).
4) Bigamous or Polygamous Marriages
5) Marriages contracted through mistake of one
of the parties as to the identity of the other.
6) Void Subsequent Marriages under Article 53
of the Family Code.
7) Contracted by a party who at the time of the
marriage was psychologically incapacitated.
8) Incestuous Marriage.
9) Marriages contrary to public policy.
 MARRIAGES AGAINST PUBLIC POLICY
a) Between collateral blood relatives, legitimate or
illegitimate, up to the fourth civil degree.

b) Between step-parents and step-children.

c) Between parents-in-law and children-in-law.

d) Between adopting parent and adopted child.

e) Between the surviving spouse of the adopting

parent and the adopted child.
f) Between the surviving spouse of the adopted
child and the adopter.

g) Between an adopted child and a legitimate child

of the adopter.

h) Between adopted children of the same adopter.

i) Between parties where one, with the intention

to marry the other, killed that other person's
spouse, or his or her own spouse.
 VOID SUBSEQUENT MARRIAGES
a) No Judicial Declaration of Nullity.

b) No Declaration of Presumptive Death.

c) Both spouses entering a subsequent marriage

after presumptive death, who acted in bad faith.

d) Subsequent marriage of spouses, where the

requirements of recording under Art. 52 have
not have been complied with.
VOIDABLE
MARRIAGES
 GROUNDS FOR ANNULMENT

Marriage may be annulled on the following grounds

existing at time of marriage:

1) One of the parties is 18 or above but below 21

years old, and there is no parental consent.

2) Either party was of unsound mind (Insanity).

3) The consent of either party was obtained
through fraud (different from mistake in
identity):

a. Through non-disclosure of a previous

conviction of a crime involving moral
turpitude;

b. Through concealment by the wife of the fact

that at the time of the marriage she was
pregnant by another man;
c. Through concealment of a sexually
transmitted disease, regardless of its
nature, existing at the time of marriage;

d. Through concealment of drug addiction,

habitual alcoholism or homosexuality/
lesbianism.
4) The consent of either party was obtained
through force, intimidation, or undue influence.

5) Either party is physically incapable of

consummating the marriage (Impotence).

6) Either party has a serious and incurable sexually

transmissible disease, even if not concealed.