The Family Code of the Philippines

(Executive Order No. 209, as amended)

Title 1: Marriage
Chapter 1: Requisites of Marriage

Marriage in General:
Dual Concept:
• Marriage as a contract
• Marriage as a social institution

As a contract:
Article 1. 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.

As a social institution:
Constitutional mandate that the state recognizes the sanctity of family life and affords
protection to the family as a basic autonomous social institution.

Constitutional Provisions Protecting Marriage and Family:

• The Constitution, Article 2, Section 12, provides: “The State recognizes the sanctity of
family life and shall protect and strengthen the family as a basic autonomous social
institution. It shall equally protect the life of the mother and the life of the unborn from
conception.
• The State recognizes the Filipino family as the foundation of the nation. Accordingly, it
shall strengthen its solidarity and actively promote its total development. (Art. XV, Sec.
1)
• Marriage, as an inviolable social institution, is the foundation of the family and shall be
protected by the State. (Art. XV, Sec. 2)
• The State shall defend:
(1) The right of spouses to found a family in accordance with their religious convictions
and the demands of responsible parenthood;
(2) The right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation and other conditions
prejudicial to their development;

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 (3) The right of the family to a family living wage and income; and
(4) The right of families or family associations to participate in the planning and
implementation of policies and programs that affect them. (Art. XV, Sec. 3)

Marriage Contract Ordinary Contract

1. Only two persons of opposite sex may 1. May be entered into by any number
enter into a contract of marriage, and of persons whether of the same or
only one such contract may exist at different sexes.
the same time.

2. The nature, consequences and 2. The parties are free to establish such
incidents of marriage are governed by stipulation, clauses, terms and
law and not subject to an agreement. conditions as they may deem
convenient, provided they are not
Exception: With respect to property contrary to law, morals, good
relations, the parties may fix the same within customs, public order or public policy.
the limits provided under the family code.
3. Cannot be revoked, dissolved or 3. The parties may by mutual
otherwise terminated by the parties, agreement, terminate an ordinary
but only by the sovereign power of contract.
the state.
4. Marriage is not a mere contract, but
also a social institution.

REQUISITES FOR A VALID MARRIAGE:

Rule for Marriages Celebrated Abroad:
All marriages involving Filipino Citizens solemnized outside the Philippines, in accordance with
the laws in force in the country where they are solemnized shall also be valid in the Philippines.
Exception: The following marriages shall remain void even if solemnized outside the Philippines
and valid in the place of celebration: those prohibited under Articles 35 (1), (4), (5) and (6), 36,
37 and 38. (prohibited laws)

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Rule for Marriages Celebrated in the Philippines:
Those marriages must strictly comply with the five requisites for a valid marriage.

Requisites of marriage:

• Essential requisites
• Formal Requisites

Legal Basis:
Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(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. (53a, 55a)

What is the effect of the absence, Defect or Irregularity of the Requisites of Marriage:
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab
initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall render the marriage voidable as provided in
Article 45.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party
or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
(n)

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 Absence, defect or irregularity Effect
1.Absence of any of the essential or formal
requisites:

a.) Absence of legal capacity, authority of Marriage is void.

the solemnizer, or marriage license.
Exception: Even if the solemnizing officer has
no authority, the marriage is valid if either or
both parties believed in good faith that the
solemnizing officer had the legal authority to
do so.

b.) Absence of consent. There is in fact no marriage.

c.) Absence of Marriage Ceremony There is in fact no marriage.

2.) Defect in consent Marriage is voidable.

3.) Irregularity in any of the formal requisites. Does not affect the validity of the marriage
but the party responsible for the irregularity
shall be civilly, criminally and administratively
liable.

Distinction Between NO marriage and Void Marriage:

No marriage Void Marriage

Absence of Essential • Absence of consent • Absence of legal
Requisites • Absence of marriage capacity, authority of
ceremony the solemnizer,
• Absence marriage
license

Remedy Petition for correction and/or Declaration of Absolute

cancellation of entries in the nullity of marriage.
Civil Registry under Rule 108
of the Rules of Court

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Legal Capacity to Contract Marriage:
Requisites:
1. A male and female
2. At least 18 years of age; and
3. Must not be suffering from any legal impediments mentioned in Article 37 and 38

A.Sexes of the parties

• Same-Sex marriage is not recognized as valid here in the Philippines, even if the
marriage is solemnized abroad and valid there as such. Legal Basis: Article 1, family
code
• In Silverio v. republic. It was held that in this jurisdiction there is no law legally
recognizing sex reassignment and its effects. Citing the Civil Register Law (Act 3753), the
court held that the sex of a Filipino is determined at birth, visually done by the birth
attendant by examining the genitals of the infant.
• However, the ruling of Silverio will not apply if the person who underwent sex
reassignment surgery is a foreigner and his national law allows him to have a change of
sex by reason of sex reassignment surgery.
• In Republic V. Cagandahan, the Supreme Court allowed the correction of entries in the
birth certificate of respondent to change her sex or gender from female to male, on the
ground of her medical condition known as Congenital Adrenal Hyperplasia (CAH), and
her name from “Jennifer” to “Jeff.”

Age of the Parties:

a. If any party is below 18 years of age, the marriage is void even if the same is with
consent of the parents, and even if the marriage is solemnized outside the Philippines.
b. The minimum age for marriage should be reckoned

Consent:
a. If no consent is given, there is IN FACT NO MARRIAGE. Legal Basis: marriage is also a
contract. Hence, in the absence of consent, there is in fact no marriage.
b. If consent was given, but the one who contracted the marriage committed a mistake
with respect to the actual physical identity of the other, there is marriage but the same
is VOID.
c. If consent was given by a party who is at least 18 but below 21 but without parental
consent, such consent is defective, thus rendering the marriage voidable.

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 • Parental Consent- 18 but below 21
• Parental advice- 21 but below 25 years old
D. If consent was given by a party who was of unsound mind at the time of the celebration of
the marriage, the same is defective, rendering marriage voidable.
e. If consent was given but it was vitiated by fraud, force, intimidation, or undue influence, the
marriage is voidable because the consent is defective.
f. “Consent” in marriage is simply the personal declaration made by the groom and the bride
that they take each other as husband and wife.
g. The absence of love does not affect the validity of the marriage. (Take note of the case of
Republic Vs. Albios) where the Filipina married the American citizen solely for the purpose of
sum of money.

Valid Marriage License:

a. If the marriage is celebrated without a marriage license, the same is void.
b. If the marriage license was spurious or fake, the marriage is void.
c. If there is mere irregularity in the issuance of the marriage license, the validity of the
marriage shall not be affected but the party or parties responsible for the irregularity
shall be civilly, criminally and administratively liable.
d. Presumption of regularity on the part of the solemnizing officer. No need to investigate.

Rules with respect to Issuance of Marriage License and Effects of Non-compliance:

Subject Matter Rule Effect of Non-compliance

1. Place of Issuance (1.) If local, in the local If obtained elsewhere, the
civil registrar of the marriage is still valid --- this is
city or municipality mere irregularity.
where either
contracting party
habitually resides.

(2.) If abroad, in the In case of non-compliance, the

office of the consular marriage is still valid in the
officials. Philippines if the same is valid
in the place where the
marriage is solemnized.

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 Take Note: A marriage license
shallbe valid in any part of the
Philippines.
2. Period of effectivity 120 days from date of issue A marriage celebrated after
and is deemed the expiry date of the license is
automatically cancelled at void.
the expiration of said
period.
3. Requirement of If any party is below 21, If the license is issued
parental consent: parental consent must be notwithstanding the absence
exhibited to the local civil of parental consent, the
registrar. marriage becomes voidable
because of lack of parental
consent, not because of the
irregualarity in the issuance of
the license.
4. Requirement of If any party is between 21 If not obtained, the marriage
parental advice and 25, parental advice is license shall be issued only
required. after 3 months following the
completion of publication of
the application.

If issued earlier, the marriage

is still valid because this is just
a mere irregularity.
5. Requirement of Required if any party is 25 Absence of the certificate shall
Certificate of Marriage and below suspend the issuance of the
Counseling: marriage license for 3 months
following the completion of
the publication of application.

If issued earlier, the marriage

is still valid because this is just
a mere irregularity.
6. Publication of Must be published for 10 If issued earlier, the marriage
application for issuance consecutive days is still valid because this is just
of license: a mere irregularity.
The license must be issued
only after the completion of
thereof.

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 7. Requirement of If either or both of parties The absence thereof is merely
certificate of legal are citizens of other and irregularity thus the
capacity to contract countries, a certificate of marriage is still valid.
marriage: legal capacity to contract
marriage must be
submitted.
8. Requirement of No marriage license shall be
Certificate of issued by the Local Civil
Compliance in Registrar unless the
attending Family applicants present a
Planning Seminar Certificate of Compliance
issued for free by the Local
Family Planning Office,
certifying that they had duly
received adequate
instructions and
information on responsible
parenthood, family
planning, breastfeeding and
infant nutrition.

Duty of Local Civil Registrar in Case there is Impediment:

-The local civil registrar isa required to issue the marriage license after the completion of the
10-day period of publication even if any impediment is known to him or brought to his
attention, unless the court orders otherwise at the instance of the local civil registrar or that of
any interested party.

Marriages Exempt from License requirement:

Nature of Marriages Requisites/Reminders
1. Marriages in Articulo Mortis Reminders:
1. The marriage remains valid even if the ailing
party subsequently survives.
2. In lieu of the license, the solemnizer must
execute an affidavit stating that:
a. He performed the marriage in articulo
mortis; and
b. He took steps to ascertain the ages,
relationship and absence of legal
impediments of the parties.

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 The absence of such affidavit is a mere irregularity
thus it will not affect the validity of the marriage.

2.Marriages in remote places Requisite:

The residence of either party is so remote that there
is no means of transportation for the party to appear
before the local civil registrar.
3.Marriages among Muslims and Requisites:
ethnic cultural communities. a. The marriage must be among Muslims or
among members of the ethnic cultural
communities; and
b. The marriage must be solemnized in
accordance with their customs, rites or
practices.

If the marriage is between a Muslim and Non-

Muslim the Family Code of the Philippines shall
apply in case such marriage is solemnized not in
accordance with Muslim laws or the Code of Muslim
Personal Laws. (Article 13 (2) of the Code of
Muslims Personal Law or the PD 1083)

Since the family code applies in this situation, the

marriage is not exempt from the requirement of
marriage license.
4.Legal Ratification of marital Requisites:
cohabitation a. A man and a woman must have been living
together as husband and wife for at least five
(5) years before the marriage;
b. The parties must have no legal impediment
to marry each other during the five-year
period of cohabitation.

Take Note:
• The parties must execute an affidavit stating
that they live together for at least five (5)
years and without legal impediment to marry
each other.

• Falsity of the affidavit renders the marriage

void ab initio.

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AUTHORITY OF SOLEMNIZING OFFICER
Persons authorized to Solemnize Marriages:

Persons Authorized Requisites

1.Members of the Judiciary a.) Must be incumbent members; and
a. Justices of the Supreme Court (SC) b.) Must solemnized the court within the
b. Justices of the Court of Appeals (CA) court’s jurisdiction
C. Justices of the Sandiganbayan
d. Judges of the Regional Trial Courts (RTC) Marriages outside of court’s jurisdiction:
e. Judges of the Court of Tax Appeals (CTA) Where a judge solemnized a marriage
E. Judges of the Municipal Trial Court (MTC) outside his court’s jurisdiction, this is a mere
irregularity in the formal requisite, which
while it may not affect the validity of the
marriage, may subject the officiating official
to administrative liability.

2.Priest, rabbi, imam and other religious Requisites:

ministers a. Must be duly authorized by his
respective church or sect in in writing;
b. His written authority must be duly
registered with the Civil Registrar
General.
c. He must act within the limits of such
written authority; and
d. At least one of the contracting parties
must belong to his church or sect.

3. Ship captain or airplane chief a.) Marriage must be in articulo mortis(at

the point of death)
b.) Marriage must be between
passengers and/or crew members.

Note: 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.
4.Military commanders of a unit Requisites:
a. He or she must be a commissioned officer,
or an officer in the armed forces holding rank
by virtue of a commission from the president

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 (his rank should start from a second
lieutenant, ensign and above);

b).Assigned chaplain must be absent at the

time of the marriage;

c.)The marriage must be one in articulo

mortis; and

d.)The contracting parties, whether members

of the armed forces or civilians, must be
within the zone of military operations.

Note:
The contracting parties need not be
members of the armed forces. They can be
civilians.

5.Consul-general, consul or vice-consul a. Marriage must be celebrated abroad in the

country where the consul holds office; and
b. marriage must be between Filipino
citizens.

6.Mayors The mayor of a city or municipality, within

their exclusive jurisdiction, is empowered to
solemnize a marriage (Sec. 444 [b](1)(xviii),
Local Government Code).

When the mayor is temporarily

incapacitated to perform his duties for
physical or legal reasons such as, but not
limited to, leave of absence, travel abroad,
any suspension from office, the vice mayor
or the highest ranking Sangguniang Bayan
member shall automatically exercise the
powers and perform the duties of the local
chief executive (Sec. 46, LGC).

They were not included under the Family

Code but their authority was restored by the
Local Government Code, which took effect
on 1 January 1992. Thus, if a marriage was
celebrated by a mayor after the effectivity of

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 the Family Code on 3 August 1988 but prior
to the effectivity of the Local Government
Code on 1 January 1992, such marriage is
void ab initio (Rabuya, The Law on Persons
and
Family Relations, 2006, p. 167).

Marriage Ceremony:
-No prescribed form or religious rite for the solemnization of the marriage is required.
However, the following requirement must be met:
a) There should be an appearance of the contracting parties before the solemnizing officer
;and
b) their personal declaration that they take each other as husband and wife in the presence
of not less than two witnesses of legal age.

Requisites Consequences
1. Personal appearance before the Videoconferencing--- not valid if celebrated
solemnizing officer in the Philippines.

If celebrated abroad, however, and valid

there as such, it shall likewise be considered
valid in the Philippines.
2. Personal declaration by the A. Marriage by proxy- not valid if
contracting parties that they take celebrated in the Philippines.
each other as husband and wife. However, if celebrated abroad and
valid there as such, it shall likewise be
considered valid in the Philippines.

B. No prescribed form or religious rite.

Hence, the failure of the solemnizing
officer whether they take each other
as husband and wife cannot be
regarded as fatal omission if the
paties SIGNED the marriage contract
in front of the solemnizing officer.
(mere repetition na because it is
already stated in writing)
3. Such personal declaration by the a.) No marriage ceremony if what
parties must be done in the presence transpired is a mere private act of
of the solemnizing officer. signing a marriage contract by the

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 contracting parties without the
presence of the solemnizing officer.

Marriage Contract:
Importance:

• Best documentary evidence of a marriage.

Effect of Absence:
Its absence is not, however, proof that no marriage. The mere fact that no record of the
marriage exist in the registry of marriage does not invalidate said marriage, as long as there is
celebration thereof, all requisites for its validity are present.

Other proof of marriage:

A. Testimony of a witness to the matrimony;
B. Couple’s public and open cohabitation as husband and wife after the alleged wedlock;
C. C. birth and baptismal certificates of children born during such union; and
D. Mention of such nuptials in subsequent documents.

Validity of Marriage Celebrated Abroad

General Rule: For marriages involving Filipino Citizens celebrated abroad, the rule is that such
marriages are considered valid in the Philippines if they are valid in the place where they are
celebrated.
a. Marriages without marriage license except marriages celebrated before the
Philippine consular officials.
b. Marriages celebrated by a person who is authorized to solemnize marriages in
the place of celebration even if not deemed authorized in the Philippines.
c. Marriages by proxy, if valid in the place of celebration.
d. Marriages through videoconferencing, if valid in the place of celebration.

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Exception:
The following are void even if valid in the place of celebration:
1. Those contracted by any party below eighteen (18) years of age;
2. Those bigamous or polygamous marriages;
3. Those contracted through mistake of one contracting party as to the identity of the
other;
4. Those subsequent marriages that are void under Article 53 (failure to comply with the
requirements of Article 52 of the FC)
5. Psychologically incapacitated to comply with the essential marital obligations;
6. If the marriage is incestuous.
7. If the marriage is void by reason of public policy as enumerated in Article 38 of the FC.
8. Same-sex Marriage.

When Divorce is considered valid:

• Absolute divorce obtained between two Filipino citizens is not recognized
in the Philippines.

• Absolute divorce obtained between aliens may be recognized in the

Philippines provided it is consistent with their respective national law.

• In mixed marriages involving a Filipino and a foreigner, either of the

spouses may obtain divorce and is allowed to contract a subsequent
marriage in case the absolute divorce is validly obtained.

• The reckoning point in determining Citizenship is the citizenship at the time

a valid divorce is obtained abroad by the alien spouse capacitating the
latter to remarry.

• The registration of the foreign divorce decree without the requisite judicial
recognition is patently void and cannot produce any legal effect.

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