The Family Code of the Philippines

Lesson 1: Marriage
Source: Family Code of the Philippines The: Executive Order No. 209 - FULL
TEXT - CHAN ROBLES VIRTUAL LAW LIBRARY. Retrieved on July 2,
2020 at
http://www.chanrobles.com/executiveorderno209.htm#.VGBEVzSUemQ

Introduction:

Marriage is universally recognized as an institution formally conducted through a

religious rite or a legal ceremony conducted by a legally authorized person and the
union is culturally recognized by the community. The definition and requirements of
marriage varies around the world. It is an indispensable way to form a family in the
Philippines.

In this lesson, the student will be able to define marriage legally and come to
understand the requisites of a valid marriage. The discussion will also include the
person in authority to solemnize marriage and other pertinent questions regarding
marriage that involve different circumstances surrounding the two contracting parties.

Lesson Contents:

Lesson 1 will cover the following topics:

 Marriage
 Marriage as a special contract
 Requisites of a valid marriage
 Formal requisites of marriage
 Authority to solemnize marriage
 Application for a marriage license
 Various issues of contracting spouses

Objectives:
At the end of this lesson, the students are expected to attain the following:
a. Define marriage
b. Determine the requisites of formal marriage
c. Compare and contrast the present view on marriage as opposed to the
provisions found in the Family Code of the Philippines

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Definition of Marriage - 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

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settlements may fix the property relations during the marriage within the limits
provided by the Family Code of the Philippines.

What does marriage as a very special contract means?

The law avers that marriage as a very special contract must have
the following conditions:

1) The parties must be male and female. Actually, the Supreme

Court has already stated that in a marriage contract, there
are, in fact, 3 parties: the man, the woman and the State,
considering that the State provides for the duties, privileges
and restrictions which are deemed written into every
marriage contract.

2) Unlike ordinary contracts which may be terminated or

rescinded by the parties upon mutual agreement, the marital
bonds can only be severed by death, or upon a court
declaration of nullity or annulment;

3) The rights and obligation of the parties are not subject to

stipulation by the parties and are fixed by law; and

4) Breach of the marital contract does not give rise to an action

for damages.

What are the requisites of a valid marriage?

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.

What are the Formal Requisites of marriage?

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

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(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.

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 not affect the validity
of the marriage but the party or parties responsible for the irregularity shall
be civilly, criminally and administratively liable.

Any male or female of the age of eighteen years or upwards not

under any of the impediments mentioned in Articles 37 and 38, may contract
marriage.

Art. 37 stipulates that marriages between the following are

incestuous and void from the beginning, whether relationship between the
parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood.

Article 38 on the other hand enumerates marriages which shall be

void from the beginning for reasons of public policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up

to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted
child;

(6) Between the surviving spouse of the adopted child and the adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

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(9) Between parties where one, with the intention to marry the other, killed
that other person's spouse, or his or her own spouse.

Is there any prescribe form requited in solemnizing marriage?

No prescribed form or religious rite for the solemnization of the

marriage is required. It shall be necessary, however, for the contracting
parties to 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. This declaration shall be contained in the
marriage certificate which shall be signed by the contracting parties and
their witnesses and attested by the solemnizing officer. In case of a
marriage in articulo mortis, when the party at the point of death is unable to
sign the marriage certificate, it shall be sufficient for one of the witnesses to
the marriage to write the name of said party, which fact shall be attested by
the solemnizing officer.

Who can solemnize a marriage?

Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court's jurisdiction;

(2) Any priest, rabbi, imam, or minister of any church or religious sect duly
authorized by his church or religious sect and registered with the civil
registrar general, acting within the limits of the written authority granted
by his church or religious sect and provided that at least one of the
contracting parties belongs to the solemnizing officer's church or
religious sect;

(2) Any ship captain or airplane chief only in the case mentioned in Article
31;
Art. 31 prescribes that a marriage in articulo mortis between
passengers or crew members may also be solemnized by a ship
captain or by an airplane pilot not only while the ship is at sea or the
plane is in flight, but also during stopovers at ports of call.

(4) Any military commander of a unit to which a chaplain is assigned, in

the absence of the latter, during a military operation, likewise only in
the cases mentioned in Article 32;

Art. 32 authorizes a military commander of a unit, who is a

commissioned officer, to solemnize marriages in articulo mortis
between persons within the zone of military operation, whether
members of the armed forces or civilians.

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(5) Any consul-general, consul or vice-consul in the case provided in

Article 10. (56a)

The marriage shall be solemnized publicly in the chambers of the

judge or in open court, in the church, chapel or temple, or in the office the
consul-general, consul or vice-consul, as the case may be, and not
elsewhere, except in cases of marriages contracted on the point of death or
in remote places in accordance with Article 29 ( … the solemnizing officer
shall state in an affidavit executed before the local civil registrar or any other
person legally authorized to administer oaths that the marriage was
performed in articulo mortis or that the residence of either party, specifying
the barrio or barangay, is so located that there is no means of transportation
to enable such party to appear personally before the local civil registrar and
that the officer took the necessary steps to ascertain the ages and
relationship of the contracting parties and the absence of legal impediment
to the marriage), or where both of the parties request the solemnizing officer
in writing in which case the marriage may be solemnized at a house or
place designated by them in a sworn statement to that effect.

Who can issue a marriage license?

A marriage license shall be issued by the local civil registrar of the

city or municipality where either contracting party habitually resides, except
in marriages where no license is required in accordance with Chapter 2 of
this Title (this will be discussed in Lesson 2).

Marriages between Filipino citizens abroad may be solemnized by

a consul-general, consul or vice-consul of the Republic of the Philippines.
The issuance of the marriage license and the duties of the local civil
registrar and of the solemnizing officer with regard to the celebration of
marriage shall be performed by said consular official.

Where a marriage license is required, each of the contracting

parties shall file separately a sworn application for such license with the
proper local civil registrar which shall specify the following:

(1) Full name of the contracting party;

(2) Place of birth;

(3) Age and date of birth;

(4) Civil status;

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(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. The applicants, their
parents or guardians shall not be required to exhibit their residence
certificates in any formality in connection with the securing of the marriage
license.
The local civil registrar, upon receiving such application, shall
require the presentation of the original birth certificates or, in default thereof,
the baptismal certificates of the contracting parties or copies of such
documents duly attested by the persons having custody of the originals.
These certificates or certified copies of the documents by this Article need
not be sworn to and shall be exempt from the documentary stamp tax. The
signature and official title of the person issuing the certificate shall be
sufficient proof of its authenticity.

If either of the contracting parties is unable to produce his birth or

baptismal certificate or a certified copy of either because of the destruction
or loss of the original or if it is shown by an affidavit of such party or of any
other person that such birth or baptismal certificate has not yet been
received though the same has been required of the person having custody
thereof at least fifteen days prior to the date of the application, such party
may furnish in lieu thereof his current residence certificate or an instrument
drawn up and sworn to before the local civil registrar concerned or any
public official authorized to administer oaths. Such instrument shall contain
the sworn declaration of two witnesses of lawful age, setting forth the full
name, residence and citizenship of such contracting party and of his or her
parents, if known, and the place and date of birth of such party. The nearest
of kin of the contracting parties shall be preferred as witnesses, or, in their
default, persons of good reputation in the province or the locality. The
presentation of birth or baptismal certificate shall not be required if the
parents of the contracting parties appear personally before the local civil
registrar concerned and swear to the correctness of the lawful age of said
parties, as stated in the application, or when the local civil registrar shall, by
merely looking at the applicants upon their personally appearing before him,
be convinced that either or both of them have the required age.

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What if either of the contracting parties were previously married, what shall
be the requirement?

In case either of the contracting parties has been previously

married, the applicant shall be required to furnish, instead of the birth or
baptismal certificate required in the last preceding article, the death
certificate of the deceased spouse or the judicial decree of the absolute
divorce, or the judicial decree of annulment or declaration of nullity of his or
her previous marriage. In case the death certificate cannot be secured, the
party shall make an affidavit setting forth this circumstance and his or her
actual civil status and the name and date of death of the deceased spouse.

What are the requirements for contracting parties who are between the
ages of eighteen and twenty one years old at the time they intend to get
married?

In case either or both of the contracting parties, not having been

emancipated by a previous marriage, are between the ages of eighteen and
twenty-one, they shall, in addition to the requirements of the preceding
articles, 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. Such consent shall be manifested
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. The personal manifestation shall be recorded in both applications for
marriage license, and the affidavit, if one is executed instead, shall be
attached to said applications.

What if the contracting parties are already between the age of twenty-one
and twenty-five do they still need parental consent?

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.

In the cases where parental consent or parental advice is needed,

the party or parties concerned shall, in addition to the requirements of the

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preceding articles, attach a certificate issued by a priest, imam or minister

authorized to solemnize marriage under Article 7 of the Family Code or a
marriage counselor duly accredited by the proper government agency to the
effect that the contracting parties have undergone marriage counseling.
Failure to attach said certificates of marriage counseling shall suspend the
issuance of the marriage license for a period of three months from the
completion of the publication of the application. Issuance of the marriage
license within the prohibited period shall subject the issuing officer to
administrative sanctions but shall not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or parental
advice, the other party must be present at the counseling referred to in the
preceding paragraph.

What if one of the contracting parties reside in another place, how can the
local civil registrar know that the would-be wife or husband has no
impediment to their marriage?

The 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 ten
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. This notice shall request all persons having knowledge
of any impediment to the marriage to advise the local civil registrar thereof.
The marriage license shall be issued after the completion of the period of
publication.

What will be the course of action of the local civil registrar if it finds out
that there exists an impediment to the marriage?

In case of any impediment known to the local civil registrar or

brought to his attention, he shall note down the particulars thereof and his
findings thereon in the application for marriage license, but shall
nonetheless issue said license after the completion of the period of
publication, unless ordered otherwise by a competent court at his own
instance or that of any interest party. No filing fee shall be charged for the
petition nor a corresponding bond required for the issuances of the order.

Who are and who are not required to pay the fees for the issuance of the
marriage license?

The local civil registrar shall require the payment of the fees
prescribed by law or regulations before the issuance of the marriage
license. No other sum shall be collected in the nature of a fee or tax of any
kind for the issuance of said license. It shall, however, be issued free of

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charge to indigent parties, that is those who have no visible means of

income or whose income is insufficient for their subsistence a fact
established by their affidavit, or by their oath before the local civil registrar.

What is the validity of the marriage license and how many days will it
remain valid after its issuance?

The license shall be valid in any part of the Philippines for a period
of one hundred twenty days from the date of issue, and shall be deemed
automatically canceled at the expiration of the said period if the contracting
parties have not made use of it. The expiry date shall be stamped in bold
characters on the face of every license issued.

What are the requirements if one or both of the contracting parties are
citizens of a foreign country?

When either or both of the contracting parties are citizens of a

foreign country, it shall be necessary for them before a marriage license can
be obtained, to submit a certificate of legal capacity to contract marriage,
issued by their respective diplomatic or consular officials. Stateless persons
or refugees from other countries shall, in lieu of the certificate of legal
capacity herein required, submit an affidavit stating the circumstances
showing such capacity to contract marriage.

The marriage certificate, in which the parties shall declare that they
take each other as husband and wife, shall also state:

(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 (to be
discussed in Lesson 2);

(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; and

(7) That the parties have entered into marriage settlement, if any,
attaching a copy thereof.

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It shall be the duty of the person solemnizing the marriage to

furnish either of the contracting parties the original of the marriage certificate
referred to in Article 6 of the Code and to send the duplicate and triplicate
copies of the certificate not later than fifteen days after the marriage, to the
local civil registrar of the place where the marriage was solemnized. Proper
receipts shall be issued by the local civil registrar to the solemnizing officer
transmitting copies of the marriage certificate. The solemnizing officer shall
retain in his file the quadruplicate copy of the marriage certificate, the copy
of the marriage certificate, the original of the marriage license and, in proper
cases, the affidavit of the contracting party regarding the solemnization of
the marriage in place other than those mentioned in Article 8.

What are the duties of the local civil registrar in regard to the application
of marriage?

It shall be the duty of the local civil registrar to prepare the

documents required by this Title, and to administer oaths to all interested
parties without any charge in both cases. The documents and affidavits filed
in connection with applications for marriage licenses shall be exempt from
documentary stamp tax.

The local civil registrar concerned shall enter all applications for
marriage licenses filed with him in a registry book strictly in the order in
which the same are received. He shall record in said book the names of the
applicants, the date on which the marriage license was issued, and such
other data as may be necessary.

What about marriages solemnized outside of the country will they remain
valid in the Philippines?

All marriages solemnized outside the Philippines, in accordance

with the laws in force in the country where they were solemnized, and valid
there as such, shall also be valid in this country, except those prohibited
under Articles 35 (1), (4), (5) and (6), 36, 37 and 38 under the heading void
and voidable marriage.

Where a marriage between a Filipino citizen and a foreigner is

validly celebrated and a divorce is thereafter validly obtained abroad by the
alien spouse capacitating him or her to remarry, the Filipino spouse shall
have capacity to remarry under Philippine law. (As amended by Executive
Order 227).

Evaluation

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1. If you were given the chance to amend the provisions under the formal requisites
of marriage, what amendments will you make? Justify your answer.
2. Compare and contrast the contemporary perspective of marriage as opposed to
the provisions found in the Family Code of the Philippines.

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