TITLE 1 MARRIAGE or parties responsible for the irregularity

shall be
Article 1. Marriage is a special contract of civilly, criminally and administratively
permanent union between a man and a liable. (n)
woman
entered into in accordance with the law for Article 5. Any male or female of the age of
the eighteen years or upwards not under any of
establishment of conjugal and family life. It the
is the impediments mentioned in Articles 37 and
foundation of the family and an inviolable 38, may
social contract marriage. (54a)
institution whose nature, consequences,
and Article 6. No prescribed form or religious
incidents are governed by law and not rite
subject to for the solemnization of the marriage is
stipulation, except that marriage required.
settlements may It shall be necessary, however, for the
fi x the property relations during the contracting
marriage parties to appear personally before the
within the limits provided by this Code. solemnizing
offi cer and declare in the presence of not
less than
two witnesses of legal age that they take
Article 2. No marriage shall be valid, unless
each other
these essential requisites are present:
as husband and wife. This declaration shall
1) Legal capacity of the contracting parties
be
who must be a male and a female; and
contained in the marriage certifi cate which
2) Consent freely given in the presence of
shall
the solemnizing offi cer. (53a)
be signed by the contracting parties and
their
Article 3. The formal requisites of marriage
witnesses and attested by the solemnizing
are:
offi cer.
1) Authority of the solemnizing offi cer;
In case of a marriage in articulo mortis,
2) A valid marriage license except in the
when
cases provided for in Chapter 2 of this Title;
the party at the point of death is unable to
and
sign the
3) A marriage ceremony which takes place
marriage certifi cate, it shall be suffi cient
with the appearance of the contracting
for one
parties
of the witnesses to the marriage to write
before the solemnizing offi cer and their
the name
personal
of said party, which fact shall be attested
declaration that they take each other as
by the
husband
solemnizing offi cer. (55a)
and wife in the presence of not less than
two VALID MARRIAGE LICENSE. A valid marriage
witnesses of legal age. (53a, 55a) license must
be issued by the local civil registrar of the place
Article 4. The absence of any of the where the marriage
essential or application was fi led. Once issued, it has only a
formal requisites shall render the marriage lifetime of 120 days
void ab from the date of issue and is effective in any part
initio, except as stated in Article 35(2). of the Philippines.
A defect in any of the essential requisites ABSENCE, DEFECT, IRREGULARITIES IN
shall ESSENTIAL
render the marriage voidable as provided in AND FORMAL REQUIREMENTS. Generally, absence
Article of any of
45. the essential or formal requirements of a
marriage renders such
An irregularity in the formal requisites shall marriage null and void. Hence, a marriage license
not affect the validity of the marriage but which has already
the party
automatically expired is not a valid marriage 3) must be registered with the civil registrar
license, thereby making general;
any marriage undertaken on the basis of such and
alleged license void. 4) at least one of the contracting parties whose
In such a case, there is absence of a valid marriage he or she is to solemnize belongs to his
marriage license. or her church or religious sect.

Article 7. Marriage may be solemnized by: 3.SHIP CAPTAIN AND AIRPLANE CHIEF. For a ship
1) Any incumbent member of the judiciary captain
within the court’s jurisdiction; or airplane chief to be able to validly solemnize a
marriage, the
2) Any priest, rabbi, imam, or minister of following requisites must concur:
any church or religious sect duly authorized 1) the marriage must be in
by his articulo mortis (at least one of the parties is at
church or religious sect and registered with the point of death);
the 2) the marriage must be between passengers or
civil registrar general, acting within the crew members; and
limits of 3) generally, the ship must be at sea or the plane
the written authority granted him by his must be in fl ight.
church
or religious sect and provided that at least MILITARY COMMANDER. For a military
one of commander to
the contracting parties belongs to the be able to solemnize a marriage, the following
solemnizing requisites must concur:
offi cer’s church or religious sect; 1) he or she must be a military commander of a
3) Any ship captain or airplane chief only in unit;
cases mentioned in Article 31; 2) he or she must be a commissioned offi cer;
4) Any military commander of a unit to 3) a chaplain must be assigned to such unit;
which a chaplain is assigned, in the absence 4) the said chaplain must be absent at the
of the time of the marriage;
latter, during a military operation, likewise 5) the marriage must be one in articulo mortis;
only in 6) the contracting parties, whether members of
the cases mentioned in Article 32; or the armed forces or civilians, must be within the
5) Any consul-general, consul or vice-consul zone of military operation. If the chaplain is
in the case provided in Article 10. (56a) present, he must be the one who should
solemnize the marriage.

1. JUDGES. Judges can solemnize marriage

only within their CONSUL-GENERAL, CONSUL, OR VICE CONSUL.
courts’ jurisdiction. Moreover, they must be Heads
incumbent and not of consular posts are divided into four classes,
retired judges. Needless to state, the jurisdiction namely: 1) consulgeneral;
of the Court of Tax 2) consul;
Appeals, Sandiganbayan, the Court of Appeals 3) vice-consul;
and the Supreme
Court is national in scope. Judges who are 4) consul agents
appointed to specifi c
jurisdictions may offi ciate in weddings only A marriage between a Filipino and a foreigner
within said areas and not beyond. abroad solemnized by a Philippine consul appears
to be void. This is so because the very authority
2. For a priest, rabbi, imam, or minister of any of the consul-general, consul, or vice-consul to
church or religious sect to be able to validly solemnize marriage is limited to Filipino citizens.
solemnize a marriage, the following four essential This is gleaned
requisites must concur: he or she from the provision in Art. 7 which provides that,
1) must be duly authorized among others, “marriage may be solemnized by .
by his or her church or religious sect; . . any consul-general, consul, or vice-consul in
2) must act within the limits the case provided in Article 10.” The latter article,
of the written authority granted to him or her by in turn, provides that marriages between Filipino
the church or citizens abroad may be solemnized by a consul-
religious sect; general, consul, or vice-consul of the Republic of
the Philippines.
 Philippines. The issuance of the marriage
license
MAYOR. Pursuant to the Local Government Code and the duties of the local civil registrar
which took effect on January 1, 1992, the mayor and of the
of a city or municipality is now empowered to solemnizing offi cer with regard to the
solemnize a marriage, any provision of law to the celebration
contrary notwithstanding (Chapter 3, Article 1, of marriage shall be performed by said
Section 444[xviii] of the Local Government Code). consular
offi cial. (75a).
GOOD FAITH OF PARTIES. Under Article 35(2), if
the Article 11. Where a marriage license is
marriage was solemnized by a person not legally required,
authorized to solemnize a marriage and either of each of the contracting parties shall fi le
the contracting parties believed in good faith that separately a sworn application for such
such solemnizing offi cer had such authority, then license
the marriage shall be considered as valid. with the proper local civil registrar which
shall
Article 8. The marriage shall be solemnized specify the following:
publicly in the chambers of the judge or in 1) Full name of the contracting parties;
open 2) Place of birth;
court, in the church, chapel or temple, or in 3) Age and date of birth;
the 4) Civil status;
offi ce of the consul-general, consul or vice- 5) If previously married, how, when and
consul, where the previous marriage was dissolved
as the case may be, and not elsewhere, or
except in the annulled;
cases of marriages contracted at the point 6) Present residence and citizenship;
of death 7) Degree of relationship of the contracting
or in remote places in accordance with parties;
Article 29 8) Full name, residence and citizenship of
of this Code, or where both of the parties the father;
request 9) Full name, residence and citizenship of
the solemnizing offi cer in writing in which the mother; and
case the 10) Full name, residence and citizenship of
marriage may be solemnized at a house or the guardian or person having charge, in
place case the
designated by them in a sworn statement to contracting parties has neither father nor
that mother
effect. (57a) and is under the age of twenty-one years.
The applicants, their parents or guardians
Article 9. A marriage license shall be issued shall not be required to exhibit their
by residence
the local civil registrar of the city or certifi cate in any formality in connection
municipality with the
where either contracting party habitually securing of the marriage license. (59a)
resides,
except in marriages where no license is Article 12. The local civil registrar, upon
required in receiving
accordance with Chapter 2 of this Title. such application, shall require the
presentation
If the contracting parties obtain a marriage of the original birth certifi cates or, in
license in a place other than the place where default
either of them reside, it is merely an irregularity thereof, the baptismal certifi cates of the
which will not render null and void the marriage contracting
celebrated on the basis of such license. parties or copies of such document duly
attested
Article 10. Marriages between Filipino by the persons having custody of the
citizens original.
abroad may be solemnized by a consul- These certifi cates or certifi ed copies of the
general, documents
consul or vice-consul of the Republic of the
required by this article need not be sworn registrar shall, by merely looking at the
to applicants
and shall be exempt from the documentary upon their personally appearing before him,
stamp be
tax. The signature and offi cial title of the convinced that either or both of them have
person issuing the
the certifi cate shall be suffi cient proof of required age. (60a)
its
authenticity. Article 13. In case either of the contracting
If either of the contracting parties is unable parties has been previously married, the
to applicant
produce his birth or baptismal certifi cate or shall be required to furnish, instead of the
a certifi birth or
ed copy of either because of the destruction baptismal certifi cate required in the last
or preceding
Art. 12 article, the death certifi cate of the
143
deceased spouse
loss of the original, or if it is shown by an or the judicial decree of the absolute
affi davit divorce, or
of such party or of any other person that the judicial decree of annulment or
such birth declaration of
or baptismal certifi cate has not yet been nullity of his or her previous marriage. In
received case the
though the same has been required of the death certifi cate cannot be secured, the
person party shall
having custody thereof at least fi fteen days make an affi davit setting forth this
prior to circumstance
the date of the application, such party may and his or her actual status and the name
furnish and date
in lieu thereof his current residence certifi of death of the deceased spouse. (61a)
cate or
an instrument drawn up and sworn to Article 14. In case either or both of the
before the contracting
local civil registrar concerned or any public parties, not having been emancipated by a
offi - previous marriage, are between the ages of
cial authorized to administer oaths. Such eighteen
instrument and twenty-one, they shall, in addition to
shall contain the sworn declaration of two the
witnesses of lawful age, setting forth the requirements of the preceding articles,
full name, exhibit to
residence and citizenship of such the local civil registrar, the consent to their
contracting party marriage
and of his or her parents, if known, and the of their father, mother, surviving parent or
place guardian, or persons having legal charge of
and date of birth of such party. The nearest them,
of kin in the order mentioned. Such consent shall
of the contracting parties shall be preferred be
as witnesses, manifested in writing by the interested
or, in their default, persons of good party who
reputation personally appears before the proper local
in the province or the locality. civil
The presentation of the birth or baptismal registrar, or in the form of an affi davit
certifi cate shall not be required if the made in the
parents of presence of two witnesses and attested
the contracting parties appear personally before any
before offi cial authorized by law to administer
the local civil registrar concerned and swear oaths. The
to personal manifestation shall be recorded in
the correctness of the lawful age of said both
parties, applications for marriage license, and the
as stated in the application, or when the affi davit,
local civil
if one is executed instead, shall be attached sanctions but shall not affect the validity of
to said the
application. (61a) marriage.
Should only one of the contracting parties
Article 15. Any contracting party between need parental consent or parental advice,
the ages of twenty-one and twenty-fi ve the other
shall be party must be present at the counselling
obliged to ask their parents or guardian for referred
advice to in the preceding paragraph. (n)
upon the intended marriage. If they do not
obtain Article 17. The local civil registrar shall
such advice, or if it be unfavorable, the prepare
marriage a notice which shall contain the full names
license shall not be issued till after three and
months residences of the applicants for a marriage
following the completion of the publication license
of the and other data given in the applications.
application therefor. A sworn statement by The
the notice shall be posted for ten consecutive
contracting parties to the effect that such days on
advice a bulletin board outside the offi ce of the
has been sought, together with the written local civil
advice registrar located in a conspicuous place
given, if any, shall be attached to the within the
application for building and accessible to the general
marriage license. Should the parents or public. This
guardian notice shall request all persons having
refuse to give any advice, this fact shall be knowledge
stated in of any impediment to the marriage to
the sworn statement. (62a) advise the
local civil registrar thereof. The marriage
Article 16. In the cases where parental license
consent shall be issued after the completion of the
or parental advice is needed, the party or period of
parties publication. (63a)
concerned shall, in addition to the
requirements of Article 18. In case of any impediment known
the preceding articles, attach a certifi cate to
issued by the local civil registrar or brought to his
a priest, imam or minister authorized to attention,
solemnize he shall note down the particulars thereof
marriage under Article 7 of this Code or a and his
marriage fi ndings thereon in the application for a
counselor duly accredited by the proper marriage
government license, but shall nonetheless issue said
agency to the effect that the contracting license
parties after the completion of the period of
have undergone marriage counselling. publication,
Failure unless ordered otherwise by a competent
to attach said certifi cate of marriage court at
counselling his own instance or that of any interested
shall suspend the issuance of the marriage party.
license No fi ling fee shall be charged for the
for a period of three months from the petition nor
completion a corresponding bond required for the
of the publication of the application. issuance of
Issuance of the order. (64a)
the marriage license within the prohibited
period Article 19. The local civil registrar shall
shall subject the issuing offi cer to require the payment of the fees prescribed
administrative by law
or regulations before the issuance of the
marriage CERTIFICATE OR AFFIDAVIT OF LEGAL CAPACITY.
license. No other sum shall be collected in Citizens of any foreign country may contract
the marriage in the Philippines. If both contracting
nature of a fee or a tax of any kind for the parties are foreigners and they intend to have
issuance their marriage solemnized by a judge, priest,
of said license. It shall, however, be issued imam, rabbi, or any minister of any church or
free of religious sect as provided for in Article 7 of the
charge to indigent parties, that is, those Family Code, or the mayor pursuant to the Local
who have Government
no visible means of income or whose income Code, then they have to secure a marriage
is license in the Philippines. Before such license is
insuffi cient for their subsistence, a fact issued, they have to submit a certificate of legal
established capacity.
by their affi davit, or by their oath before
the local Article 22. The marriage certifi cate, in
civil registrar. (65a) which
the parties shall declare that they take each
Article 20. The license shall be valid in any other
part of the Philippines for a period of one as husband and wife, shall also state:
hundred 1) The full name, sex and age of each
twenty days from the date of issue, and contracting
shall be party;
deemed automatically cancelled at the 2) Their citizenship, religion and habitual
expiration residence;
of said period if the contracting parties 3) The date and precise time of the
have not celebration
made use of it. The expiry date shall be of the marriage;
stamped in 4) That the proper marriage license has
bold characters at the face of every license been issued according to law, except in
issued. marriages
(65a) provided for in Chapter 2 of this Title;
MARRIAGE LICENSE AND DATE OF ISSUE. The 5) That either or both of the contracting
marriage license is valid only within the parties
Philippines and not abroad. It is good for 120 days have secured the parental consent in
from the date of issue. The date of the signing of appropriate
the local civil registrar of the marriage license is cases;
the date of the issue. From the date of issue, it 6) That either or both of the contracting
should be claimed by the parties. parties
If it is not claimed and therefore not used within have complied with the legal requirement
120 days, it shall automatically become regarding
ineffective. parental advice in appropriate cases; and
7) That the parties have entered into a
Article 21. When either or both of the marriage
contracting settlement, if any, attaching a copy thereof.
parties are citizens of a foreign country, it (67a)
shall be necessary for them before a
marriage license Article 23. It shall be the duty of the person
can be obtained, to submit a certifi cate of solemnizing the marriage to furnish either
legal capacity to contract marriage, issued of the
by their respective diplomatic or consular contracting parties the original of the
offi cials. marriage
Stateless persons or refugees from other certifi cate referred to in Article 6 and to
countries send the
shall, in lieu of the certifi cate of legal duplicate and triplicate copies of the certifi
capacity cate not later than fi fteen days after the
herein required, submit an affi davit stating marriage, to the local
the civil registrar of the place where the
circumstances showing such capacity to marriage
contract was solemnized. Proper receipt shall be
marriage. (66a) issued by
the local civil registrar to the solemnizing Article 26. All marriages solemnized outside
offi cer the Philippines, in accordance with the laws
transmitting copies of the marriage certifi in
cate. force in the country where they are
The solemnizing offi cer shall retain in his fi solemnized,
le the and valid there as such, shall also be valid
quadruplicate copy of the marriage certifi in this
cate, the country, except those prohibited under
original of the marriage license and, in ART 35:
Articles
proper cases, 35(1), (4), (5) and (6), 36, 37 and 38.
the affi davit of the contracting party 1) Those contracted by any party below
regarding eighteen years of age
Where a marriage even a
between with the consent
Filipino citizen
the solemnization of the marriage in a place of parents
and a foreigner is validly celebrated and a
other or guardians;
divorce
than those mentioned in Article 8. (68a) is thereafter validlyor
obtained abroad by the
4) Those bigamous polygamous marriages
alien
PRESUMPTION OF MARRIAGE. That a man and a spouse capacitating him or her to remarry,
5) Those contracted through mistake of one
woman deporting themselves as husband and the
contracting party as to the identity of the
wife have entered into a lawfulcontract of Filipino spouse shall likewise have capacity
other;
marriage is a presumption which is considered to
satisfactory remarry under Philippine law. (n) (As
6) Those subsequent marriages that are void
if uncontradicted, but may be contradicted and amended by 53.
under Article
overcome by evidence. Executive Order Number 227, July 17,
1987.) 36. A marriage contracted by any
Article
PROOF OF MARRIAGE. When the question as to party who, at the time of the celebration, was
whether or not a marriage has been contracted VALIDATION PROVISION. The Family
psychologically incapacitated to Code
comply with
arises in litigation, said marriage may be proved expressly provides
the essential marital obligations of marriage,
by evidence of any kind (Pugeda v. Trias, 4 SCRA that, except for be
marriages prohibited
shall likewise void even if suchunder
incapacity
849). But the primary or best evidence of a Articles 35(1), (4),
becomes manifest only after its
marriage is the marriage contract or the marriage (5) and (6), 36, 37 and 38, marriages solemnized
solemnization.
certifi cate (Lim Tanhu v. Ramolete, 66 abroad and which
SCRA 425). are valid37.
there as such are recognized
the as valid
Article Marriages between following
here. As a general rule, therefore, the Philippines
are incestuous and void from the beginning,
Article 24. It shall be the duty of the local follows thethelexrelationship
loci celebrationis rule. the parties
whether between
civil be legitimate or illegitimate:
registrar to prepare the documents
required by 1) Between ascendants and descendants of
this Title, and to administer oaths to all any degree; and
interested 2) Between brothers and sisters, whether of
parties without any charge in both cases. the full or half-blood. (81a)
The
documents and affi davits fi led in Article 38. The following marriages shall be
connection with void from the beginning for reasons of public
applications for marriage licenses shall be policy:
exempt 1) Between collateral blood relatives,
from documentary stamp tax. (n) whether
legitimate or illegitimate, up to the fourth
Article 25. The local civil registrar civil
concerned degree;
shall enter all applications for marriage 2) Between step-parents and step-children;
licenses 3) Between parents-in-law and children-inlaw;
fi led with him in a registry book strictly in 4) Between the adopting parent and the
the order adopted
in which the same are received. He shall child;
record in 5) Between the surviving spouse of the
said book the names of the applicants, the adopting parents and the adopted child;
date on 6) Between the surviving spouse of the
which the marriage license was issued, and adopted
such child and the adopter;
other data as may be necessary. (n) 7) Between an adopted child and a legitimate
child of the adopter;
EXCEPTIONS. Under the Family Code, if either or the marriage void or to annul the marriage.
both Divorce initiated by a Filipino is against public
contracting parties are Filipinos and they are policy
below 18 years of age, their marriage solemnized
abroad will not be recognized in the Philippines as
valid even if the marriage is valid in the place
where it has been solemnized. Our law clearly
adheres to the rule that
the marrying capacity of the contracting parties is
governed by the national law of that party, which
is the Philippine law.

ARE COMMON-LAW MARRIAGES OBTAINED

ABROAD
BY FILIPINOS VALID IN THE PHILIPPINES? Article
26 of the Family Code apparently does not specifi
cally include common-law marriages contracted
by Filipinos abroad as one of the exceptions to
the general rule that marriages solemnized
abroad is generally valid here in the Philippines if
valid where they were solemnized.

However, common-law marriages obtained by

Filipinos abroad should not be recognized here.
Article 26 clearly uses the word “solemnized” and
not “contracted” or “performed.”
“Solemnization,” as used in marriage statutes,
has a very technical and limited
meaning. It means the performance of the formal
act or ceremony by which a man and a woman
contract marriage and assume the status of
husband and wife.

SAME SEX MARRIAGE OF FILIPINOS ABROAD

INVALID.
Public policy in the Philippines mandates that only
a man and a woman can marry each other. This
clear public policy consideration is enunciated in
Article 1 of the Family Code, stating that marriage
is a special contract of permanent union between
a man and a woman.

PROOF OF FOREIGN MARRIAGE. To establish a

valid
marriage pursuant to the comity provision of
Article 26, it is necessary to prove the foreign law
as a question of fact and then to prove the
celebration of marriage pursuant thereto by
convincing evidence.

ABSOLUTE DIVORCE. Generally, absolute divorce

between two citizens of the Philippines is not
recognized in the Philippines (Garcia v. Recio,
G.R. No. 138322, October 2, 2001). Hence, if the
contracting parties who are citizens of the
Philippines get validly married in the Philippines
or anywhere in the world, their status, in so far as
the Philippines is concerned, as married persons
follow them anywhere in the world. They can only
sever their relationship as husband and wife if
anyone of them has a cause of action to declare