Article 2.

No marriage shall be valid, unless these essential

requisites are present:
Family Code of the Philippines

1. Legal capacity of the contracting parties who must

Title I – Marriage be a male and a female; and
2. Consent freely given in the presence of the
Chapter 1. Requisites of Marriage solemnizing officer. (53a)

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 1. The essential requisites – are absolute requirements
foundation of the family and an inviolable social institution for the validity of a marriage. Without either or both
whose nature, consequences, and incidents are governed by of them, the marriage is void.
law and not subject to stipulation, except that marriage a. Same; Legal capacity. Legal capacity –
settlements may fix the property relations during the refers to “the power to do acts with legal
marriage within the limits provided by this Code. (52a) effects”: Civil Code, Article 37; also
known as capacity to act: Ibid.
1. Marriage – is “a special contract of permanent union b. Same; Consent. Consent – refers to
between a man and a woman entered into in assent or agreement.
accordance with law for the establishment of conjugal c. Same; Solemnizing officer. Solemnizing
and family life.” (Family Code, Article 1) officer – refers to a duly authorized
a. Special contract. Marriage is a special kind person who may officiate marriages. See:
of contract. Meaning, the legal provisions on Family Code, Article 7; Local
contracts will apply to it by way of Government Code, Section 444 (b) (1)
suppletory application if there are no specific xviii, Section 455 (b) (1) xviii.
provisions on the matter in the Family Code d. Same; In the presence of the
or Civil Code. solemnizing officer. This clause “in the
b. Permanent union. As worded or designed, presence of the solemnizing officer” –
marriage contemplates a permanent refers to giving consent in physical
union, i.e. it would last the lifetime of attendance and in front of a solemnizing
either/both of the husband and wife. officer. (NB: As of writing, virtual/online
Notwithstanding, and if grounds are marriages are not allowed – yet.)
applicable, marriages may be subject to a 2. Consent, freely given. Consent is qualified, i.e. freely
judicial decree of annulment or judicial given. It is possible to give consent but not freely
declaration of nullity. given, such as in a “shotgun wedding” where a party
c. Between a man and a woman. The phrase gives consent for fear of being shot or killed. In such a
“between a man and a woman” – refers to a case, consent is vitiated which may result in the
biological/anatomical male and female. (NB: marriage being voidable.
Under the 1987 Constitution, marriage is not a. Same; No consent at all. No consent at
defined in terms of gender. It is via Article 1 all is absolute lack thereof, such as
of the Family Code that marriage is defined persons not having knowledge or
and limited to “a man and a woman”.) awareness that a marriage was going on
2. Purpose. Per Article 1, the purpose of marriage is “for involving them or that another person
the establishment of conjugal and family life.” impersonated them during the
3. Foundation of the family, inviolable social celebration of the marriage. In this case,
institution. The family is built on marriage. As the consent is absolutely non-existing
family is the most basic organization in a society, resulting in a void marriage.
marriage is considered as an inviolable social
institution “whose nature, consequences, and Article 3. The formal requisites of marriage are:
incidents are governed by law and not subject to
stipulation.” 1. Authority of the solemnizing officer;
4. Rules on marriage stipulations. 2. A valid marriage license except in the cases
a. Same; General rule: Not subject to provided for in Chapter 2 of this Title; and
stipulations. Since marriage is governed by 3. A marriage ceremony which takes place with the
law, it is generally not subject to stipulations. appearance of the contracting parties before the
Thus, while it is a contract, the parties – in solemnizing officer and their personal declaration
this case the husband and the wife – cannot that they take each other as husband and wife in the
agree to a marriage duration, such as a 10- presence of not less than two witnesses of legal age.
year marriage. For other contracts, (53a, 55a)
stipulating on a duration is valid and 1. Formal requisites – refers to the solemnities or
acceptable; however, in a marriage contact, formalities required to be observed for the
such an agreement is void for being contrary validity of a marriage. (To better understand
to law, i.e. Article 1 of the Family Code. this, read on solemnities/formalities of a
b. Same; Exception: Prenuptial agreement. By contract.)
way of exception, the husband and wife may 2. Marriage license – refers to the authority
stipulate on marriage settlements, a.k.a. granted by the State allowing or permitting the
prenuptial agreement, to fix their property marriage of the applicants who filed the
relations or regimes, e.g. absolute marriage license.
community of property (ACP), conjugal 3. Authority of solemnizing officer. Not all
partnership of gains (CPG), absolute religious leaders are allowed to solemnize or
separation of properties, or other forms of officiate a marriage. Only those who are duly
arrangement. Whatever property regime that authorized may celebrate a marriage for it to
they have chosen, it will subsist during the be valid.
marriage and will be valid so long as it is a. Written authority. Solemnizing officers
within the rules set forth in the Family Code. should have a written authority from
their church or religious sect and they
 are registered with the civil registrar Article 6. No prescribed form or religious rite for the
general: Article 7[2], Family Code. solemnization of the marriage is required. It shall be
4. Valid marriage license. Marriage licenses have necessary, however, for the contracting parties to appear
a validity of up to 120 days only: Article 20, personally before the solemnizing officer and declare in the
Family Code. It automatically expires after the presence of not less than two witnesses of legal age that they
given period. Thus, it is critical to check take each other as husband and wife. This declaration shall
whether the license is still valid on the day of be contained in the marriage certificate which shall be
the marriage celebration. signed by the contracting parties and their witnesses and
attested by the solemnizing officer.
Article 4. The absence of any of the essential or formal
requisites shall render the marriage void ab initio, except as In case of a marriage in articulo mortis, when the party at the
stated in Article 35 (2). point of death is unable to sign the marriage certificate, it
shall be sufficient for one of the witnesses to the marriage to
A defect in any of the essential requisites shall not affect the write the name of said party, which fact shall be attested by
validity of the marriage but the party or parties responsible the solemnizing officer. (55a)
for the irregularity shall be civilly, criminally and
administratively liable. (n) 1. Articulo mortis – means at the point of death.
a. Same; Marriage declaration. Marriage
Absence – refers to lacking, missing, or non-existing. declaration – refers to the parties
categorically declaring that they take each
Void ab initio – means no legal effect from the very beginning. other as husband and wife.
b. Same; Marriage certificate. Marriage
Defect – means a requirement exists but is vitiated or has certificate – refers to the documentary
problems, i.e. defective. (e.g. defective consent in a “shotgun evidence establishing the marriage between
wedding”) the parties.
2. No required formalities or religious rites. The article
Rules on lack/absence of any of essential or formal requisite. does prescribe not require specific solemnities,
formalities, religious rites.
a. Same; General rule: Void ab initio. Lack/absence of 3. Personal appearance. Parties getting married should
any of the essential or formal requisites of a marriage appear in person and before a solemnizing officer.
shall make it void from the beginning. a. Rule; Two witnesses. There should be two
b. Same; Exception: Article 35(2), Family Code. By way witnesses who are of legal age and who will
of exception: “Those solemnized by any person not observe the couple during the marriage,
legally authorized to perform marriages unless such particularly on the part that they take each
marriages were contracted with either or both parties other as husband and wife.
believing in good faith that the solemnizing officer 4. Marriage declaration. The marriage declaration
had the legal authority to do so…” (Ibid.) between the parties should be reflected in the
marriage certificate.
Rules on defect of any essential requisite. 5. Marriage certificate. The marriage certificate is
usually signed by the parties, the witnesses, and the
a. Same; Does not affect marriage. A marriage will solemnizing officer after the celebration of the
remain valid notwithstanding any defect in any marriage.
essential requisite. a. Same; Prenuptial agreement. If there is a
b. Same; Liabilities. Civil, criminal, and administrative prenuptial agreement, it will be attached or
liabilities may be imposed against the responsible stapled to the marriage certificate. This is a
parties for the defect. critical step towards the validity of a
prenuptial agreement as it has to be
NB: There are no similar provisions with respect to a defect in recorded/registered together with the
the formality, particularly on the liabilities. marriage certificate within 15 calendar days
from the celebration of marriage: Family
Article 5. Any male or female of the age of eighteen years or Code, Article 23. Otherwise, the prenuptial
upwards not under any of the impediments mentioned in agreement will be void.
Articles 37 and 38, may contract marriage. (54a) b. Same; Recording with Local Civil
Registrar. The solemnizing officer has the
Impediments – refer to obstacles, prohibitions, or limitations. duty and responsibility to forward copies of
the Marriage Certificate and the Prenuptial
Legal age. 18 years of age is the minimum legal age to marry. Agreement to the Local Civil Registrar
However, parties should not be under legal impediments, e.g. (LCR). (NB: While the solemnizing officer
Article 37 and 38. has this duty, the parties should personally
check the soonest or in the next few days
Impediments. Impediments under Articles 37 and 38 result in whether these documents have been
a void marriage. submitted as there are occasions when they
are not submitted, e.g. oversight, accident,
a. Same; Article 37: Incestuous marriages. Article 37 or death of the solemnizing officer. If the
outlines incestuous marriages and thus documents are not submitted within the 15-
prohibited/void, e.g. between ascendants and day period as provided in Article 23 of the
descendants, as well as siblings whether full/half- Family Code, this may result in legal issues
blood. (See Article 37 for more details.) or problems, particularly with the
b. Same; Article 38: Marriages against public prenuptial agreement. It is thus best for the
policy. Article 38 enumerates marriages that are parties to ensure that the recording has
contrary to public policy and thus prohibited/void, been done. If not, they themselves may
e.g. collateral blood relatives up to the fourth civil submit the documents.)
degree whether legitimate or illegitimate, step- 6. Rules on articulo mortis.
parents and step-children, parents-in-law and a. Same; Point of death. For articulo mortis to
children-in-law, etc. (See Article 38 for more details.) be applicable, the party must be at the
point of death. It must be based on good
faith and reasonable belief on the party of
 the party availing of this benefit. Thus, if it d. They can only solemnize a
there is bad faith on the part of the party marriage if one of the contracting
benefitting from this rule, this may result parties belongs to their church or
in the inapplicability of the rule. religious sect.
b. Same; Same; Witness to sign on behalf of 5. Ship captain or airplane chief. Ship captains
party. If the preceding paragraph are or airplane chiefs may only solemnize
satisfied, one of the witnesses may sign for marriage in case of articulo mortis between
and on behalf of the said party. This fact or passengers or crew members, whether the
circumstance should be attested to by the ship/plane is in transit, or at a stopover or
solemnizing officer. ports of call.
c. Same; Same; Solemnizing officer. Since a. Same; Article. 31, Family Code. “A
solemnizing officers are the ones marriage in articulo mortis between
officiating, they are not allowed by this passengers or crew members may
provision to sign for and on behalf of the also be solemnized by a ship captain
said party – because of a conflict of or by an airplane pilot not only while
interest. the ship is at sea or the plane is in
flight, but also during stopovers at
Article 7. Marriage may be solemnized by: ports of call.” (Ibid.)
6. Military commander. The authority of these
1. Any incumbent member of the judiciary within the military commanders is qualified by several
court’s jurisdiction; requirements:
2. Any priest, rabbi, imam, or minister of any church a. They must be a commissioned
or religious sect duly authorized by his church or officer cf. Article 32);
religious sect and registered with the civil registrar b. They must be a commander of a unit
general, acting within the limits of the written to which a chaplain is assigned;
authority granted by his church or religious sect and c. The chaplain is absent; and
provided that at least one of the contracting parties d. There is or it is within a military
belongs to the solemnizing officer’s church or operation (cf. Article 32); and
religious sect; e. Either one/both of the parties are
3. Any ship captain or airplane chief only in the case in articulo mortis.
mentioned in Article 31;
4. Any military commander of a unit to which a NB: The military commander authority extends to both
chaplain is assigned, in the absence of the latter, members of the armed forces or civilians. (Family Code, Article
during a military operation, likewise only in the 32)
cases mentioned in Article 32;
5. Any consul-general, consul or vice-consul in the a. Same; Article 32, Family Code. “A
case provided in Article 10. (56a) military commander of a unit, who
is a commissioned officer, shall
likewise have authority to
solemnize marriages in articulo
1. Mayor. A city/municipal mayor is also a mortis between persons within the
solemnizing officer. (Local Government Code, zone of military operation, whether
Section 444 (b) (1) xviii, Section 455 (b) (1) members of the armed forces or
xviii) civilians.”
2. Registry of solemnizing officer. The 7. Consul-general, consul or vice-consul. The
Philippine Statistics Agency has a registry of authority of the consul-general, consul, or
solemnizing officers called the Solemnizing vice-consul is qualified by the requirement
Officers Information System (SOIS). that both parties must be Filipino citizens.
3. Incumbent judges or justices. Their authority a. Same; Article 10, Family Code.
of incumbent judges or justices is qualified by “Marriages between Filipino
the phrase “within the court’s jurisdiction.” citizens abroad may be solemnized
For lower courts of the judiciary (e.g. by a consul-general, consul or
Regional Trial Courts, vice-consul of the Republic of the
Metropolitan/Municipal Trial Courts, and Philippines. The issuance of the
their equivalents), the judges are limited to marriage license and the duties of
the jurisdiction of the region or city which is the local civil registrar and of the
covered by their respective courts. For solemnizing officer with regard to
appellate courts (e.g. Court of Appeals and the celebration of marriage shall
Supreme Court), the jurisdiction is be performed by said consular
nationwide. official.” (Ibid.)
4. Priest, rabbi, imam, or minister. The
authority of these religious leaders is Article. 8. The marriage shall be solemnized publicly in the
qualified by several requirements: chambers of the judge or in open court, in the church, chapel
a. They must be duly authorized by or temple, or in the office the consul-general, consul or vice-
their church or religious sect to consul, as the case may be, and not elsewhere, except in cases
solemnize marriages; of marriages contracted on the point of death or in remote
b. They are registered with the civil places in accordance with Article 29 of this Code, or where
registrar general (or the both of the parties request the solemnizing officer in writing
Philippine Statistics Authority); in which case the marriage may be solemnized at a house or
c. They are acting within the limits place designated by them in a sworn statement to that effect.
of the written authority granted (57a)
by their church or religious sect
(emphasize on: written authority, 1. Rules on venue of marriage ceremony.
which means the authority a. Same; General rule: Public ceremony. This
should be in writing and not just article requires that the marriage be solemnized
verbally granted); and publicly and thus specific locations depending
on the solemnizing officer.
 b. Same; Exceptions: Other venues, when 1. Only between Filipino citizens. The authority of the
allowed. By way of exceptions, the following consul-general, consul, or vice-consul is limited only
venues are allowed: to marriages between Filipino citizens. Thus, they are
1. Articulo mortis marriages; not empowered to solemnize a marriage where one of
2. Remote places in accordance with Article the parties is a foreigner.
29 of this Code; or 2. Duties of the consul officials.
3. By written request from the parties to the a. Issuance of a marriage license;
solemnizing officer, in which case the b. Duties of the Local Civil
marriage may be solemnized at a house or Registrar, e.g. recording and safe-keeping of
place designated by them in a sworn marriage records and licenses; and
statement to that effect. c. Duties of the solemnizing officer, e.g. officiate
2. No secret wedding. Considering the above or solemnize the marriage, sign marriage
requirements of a public celebration of marriage, certificate, and ensure recording thereof the
marriages done in secrecy are not recognized. prenuptial agreement, if any.
Further, it should be noted that application for a
marriage license requires publication or notice to the Art. 11. Where a marriage license is required, each of the
public. Thus, it is unlikely that marriages may be kept contracting parties shall file separately a sworn application
a secret from the public. for such license with the proper local civil registrar which
a. Same; Rationale. The reason why secret shall specify the following:
marriages are not possible is because there is
public interest in marriage between two 1. Full name of the contracting party;
people due to the legal effects that may be 2. Place of birth;
produced. For instance, individuals who have 3. Age and date of birth;
subsisting marriages cannot marry another 4. Civil status;
person. With respect to properties, if there is 5. If previously married, how, when and where the
no prenuptial agreement, marriages lead to previous marriage was dissolved or annulled;
the combination of the assets and even 6. Present residence and citizenship;
liabilities resulting in conjugal assets and 7. Degree of relationship of the contracting parties;
liabilities. This may affect third parties, such 8. Full name, residence and citizenship of the father;
as creditors or investors, who contracted with 9. Full name, residence and citizenship of the mother;
one of the parties on the basis of them being and
single or unmarried. 10. Full name, residence and citizenship of the guardian
or person having charge, in case the contracting
Article 9. A marriage license shall be issued by the local civil party has neither father nor mother and is under the
registrar of the city or municipality where either contracting age of twenty-one years.
party habitually resides, except in marriages where no
license is required in accordance with Chapter 2 of this Title. The applicants, their parents or guardians shall not be
(58a) required to exhibit their residence certificates in any
formality in connection with the securing of the marriage
Marriage license – see Article 3 above. license. (59a)

1. Rules on marriage license. 1. Sworn application – means that the document is

a. Same; General rule: LCR with jurisdiction. It under oath or notarized.
is the LCR which has jurisdiction of where 2. Marriage license application. This article refers to the
either of the contracting parties habitually sworn marriage license application that must be filed
resides that will issue a marriage license. separately by the parties with the LCR where one of
b. Same; Exceptions: Marriages exempted from them habitually resides.
marriage license. The following marriages are 3. Previous marriage. There is an active disclosure
exempted from the license requirements: requirement for any previous marriage, whether
1. Articulo mortis marriages – even if the dissolved or annulled, in the application. This is
ailing party subsequently survives critical because, if a judgment or decree dissolving or
(cf. Article 27); annulling the marriage is not recorded with the LCR,
2. Remote residence (cf. Article 28); or the conjugal properties not having been partitioned
3. Marriages among Muslims or among and distributed between the spouses and
members of the ethnic cultural presumptive legitimates not being forwarded to the
communities (cf. Article 33); and children, this may result in the subsequent marriage
4. 5-year cohabitation of a man and a being declared void. (See: Article 52)
woman who have no legal impediment to a. Same; Art. 52, Family Code. “The judgment
marry each other (cf. Article 34). of annulment or of absolute nullity of the
2. Local Civil Registrar. In the application process, the marriage, the partition and distribution of
LCR shall publicly post in conspicuous places the the properties of the spouses and the
marriage license applied for by the parties. delivery of the children’s presumptive
a. Same; Reason. This is to give notice and legitimes shall be recorded in the
opportunity to those who may have issues or appropriate civil registry and registries of
concerns with marriage, e.g. spouses of a property; otherwise, the same shall not
subsisting marriage, their relatives, creditors, affect third persons.”
investors, and third parties who have interest
therein. Art. 12. The local civil registrar, upon receiving such
application, shall require the presentation of the original
Article 10. Marriages between Filipino citizens abroad may birth certificates or, in default thereof, the baptismal
be solemnized by a consul-general, consul or vice-consul of certificates of the contracting parties or copies of such
the Republic of the Philippines. The issuance of the marriage documents duly attested by the persons having custody of
license and the duties of the local civil registrar and of the the originals. These certificates or certified copies of the
solemnizing officer with regard to the celebration of documents by this Article need not be sworn to and shall be
marriage shall be performed by said consular official. (75a) 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 3. Local Civil Registrar. Similar to the preceding
birth or baptismal certificate or a certified copy of either paragraph, the presentation of baptismal certificates
because of the destruction or loss of the original or if it is (in case the original birth certificates are not available)
shown by an affidavit of such party or of any other person will no longer be necessary if the LCR is satisfied that
that such birth or baptismal certificate has not yet been the contracting parties are of legal age by merely
received though the same has been required of the person looking at their personal appearances.
having custody thereof at least fifteen days prior to the date
of the application, such party may furnish in lieu thereof his Article 13. In case either of the contracting parties has been
current residence certificate or an instrument drawn up and previously married, the applicant shall be required to
sworn to before the local civil registrar concerned or any furnish, instead of the birth or baptismal certificate required
public official authorized to administer oaths. Such in the last preceding article, the death certificate of the
instrument shall contain the sworn declaration of two deceased spouse or the judicial decree of the absolute
witnesses of lawful age, setting forth the full name, divorce, or the judicial decree of annulment or declaration of
residence and citizenship of such contracting party and of his nullity of his or her previous marriage.
or her parents, if known, and the place and date of birth of
such party. The nearest of kin of the contracting parties shall In case the death certificate cannot be secured, the party shall
be preferred as witnesses, or, in their default, persons of make an affidavit setting forth this circumstance and his or
good reputation in the province or the locality. her actual civil status and the name and date of death of the
deceased spouse. (61a)
The presentation of birth or baptismal certificate shall not be
required if the parents of the contracting parties appear 1. Active disclosure of previous marriage. The Family
personally before the local civil registrar concerned and Code is full of repeated directives or instructions on
swear to the correctness of the lawful age of said parties, as the active disclosure of previous marriages, as well as
stated in the application, or when the local civil registrar proof of their dissolution. Non-compliance with this
shall, by merely looking at the applicants upon their disclosure may affect the validity of a marriage,
personally appearing before him, be convinced that either or particularly if it was later on discovered that the
both of them have the required age. (60a) previous marriage was still subsisting.
a. Same; Rationale. As previously discussed,
1. Original birth certificates; In default, baptismal there are many legal effects that results from
certificates. An original copy of the birth certificates two individuals getting married – not only
of the parties is one of the supporting documents in for them but also for third persons who may
the application for a marriage license. If they are be affected, e.g. creditors, investors, etc.
unavailable, baptismal certificates may be provided. 2. Death certificate or judicial decree. If a party has
a. Same; Same; In default, Current residence already been previously married, birth or baptismal
certificate or other LCR-instrument. If for certificate is no longer required as the previous
some reason both the birth certificates and marriage is already proof of his legal age to marry
baptismal certificates are unavailable, such as and other related personal information, such as name
the lapse of 15 days from demand from and citizenship. Instead, this party will be required to
anyone who has custody over them, an show either:
applicant may provide instead a current a. Death certificate of the deceases spouse;
residence certificate or an instrument drawn b. Judicial decree of absolute divorce for
up and sworn to before the LRC or any public foreign spouses who obtained divorce
official authorized to administer oaths. overseas; or
b. Same; Same; Same. The sworn instrument c. Judicial decree of annulment of previous
referred to in the preceding paragraph must marriage (related to voidable marriages); or
have a declaration of two witnesses of legal d. Judicial declaration of nullity of previous
age attesting to the contracting party’s full marriage (related to void marriages).
name, residence, citizenship, birth date, birth 3. Same; In default, Affidavit. If for some reason the
place, as well as the latter’s parents, if known. death certificate cannot be secured, a contracting
In terms of preference, the nearest kin of the party may execute an affidavit setting for the
contracting parties is preferred. If unavailable, circumstances, his/her actual civil status, and the
persons of good reputation the province or death of the deceased spouse.
the locality may serve as witnesses.
c. Same; Rationale. The rationale for having Article 14. In case either or both of the contracting parties,
substitutes in case of unavailability of the not having been emancipated by a previous marriage, are
original birth certificates is due to various between the ages of eighteen and twenty-one, they shall, in
reasons, such as non-recording of birth, late addition to the requirements of the preceding articles,
registration issues, loss or destruction of the exhibit to the local civil registrar, the consent to their
records such as fire burning the records of the marriage of their father, mother, surviving parent or
LCR, and so on. guardian, or persons having legal charge of them, in the
2. Parents of contracting parties. If the original birth order mentioned. Such consent shall be manifested in
certificates are unavailable, and it comes down to writing by the interested party, who personally appears
presenting baptismal certificates, this will no longer before the proper local civil registrar, or in the form of an
be necessary if the parents of the contracting parties affidavit made in the presence of two witnesses and attested
personally appear before the concerned LCR and before any official authorized by law to administer oaths.
attest under oath as to the lawful age of the parties as The personal manifestation shall be recorded in both
provided in the application. applications for marriage license, and the affidavit, if one is
a. Same. Paragraph 2 of this article should be executed instead, shall be attached to said applications. (61a)
read together with paragraph 1 which
provides that presentation of original birth 1. Emancipation – refers to reaching the age of majority
certificates is sufficient by itself. Meaning, if or legal age, and thus resulting in the person having
the parties are able to present their original full capacity to act, as well as being completely liable
birth certificates, there is no longer any need for their actions. (NB: 18 years old is the legal age in
for presentation of baptismal certificates. The the Philippines.)
baptismal certificates are only substitutes if 2. 18 years old and up to 20 years old. While the article
the original birth certificates are not states “between the ages of eighteen and twenty-one”,
available. it is submitted that this should be read as: 18 years old
 and up to 21 years old. Otherwise, it would be absurd align with the provision on requiring parental consent
not to require parental consent for 18 years old but for 18 years old or over and up to 20 years old.
instead require those older, such as those who are 19 a. Same; Up to 20 years old. Whether it is up to
and 20. The law abhors absurdity. 24 or 25 years old, it is submitted that it
a. Same; Up to 20 years old. Whether it is up to 20 should only be up to 24 years old. The law
or 21 years old, it is submitted that it should only states between 18 and 21, which necessarily
be up to 20 years old. The law states between 18 means that it is up to 24 years old which is
and 21, which necessarily means that it is up to between 21 and 25.
20 years old which is between 18 and 21. 2. Written parental advice. For 21 years old or over and
b. Parents or those who have legal charge over up to 24 years old, they have to obtain a written
them. The consent should be obtained in the parental advice about the intended marriage from
following order: their parents or guardians.
a. Father; a. Same; Proof. To prove that advice has been
b. Mother; sought, the following shall be attached to the
c. Surviving parent or guardian; or marriage license application:
d. Persons having legal charge of them a. Sworn statement by the contracting party –
c. Order of precedence. The above list is in the on the advice having been obtained; and, if
order of precedence. Meaning, the decision of the available,
one with the precedence will outweigh the rest. b. Written advice from the parents or
For example, a father’s consent outweighs the guardians.
mother’s assent. Hence, if the father’s consent is
sufficient even if the mother is not in agreement. NB: Written advice is not an absolute requirement, and thus
Conversely, if the father refuses or withholds optional. In referring to the written advice, the provisions state
consent, then it will be followed even if the “if any”, which means that if it so happens that there was one
mother assents. given, the parties may attach it to their application if they
d. Same; Both father and mother, not want.
required. There is nothing in the article requiring
the parental consent of both parents. The phrase b. Same; If none or unfavorable, 3-month waiting
“in the order mentioned” clearly shows the time. If the parental advice is not obtained or if
intention of order of precedence as discussed in it is unfavorable, there is a 3-month waiting
the immediately preceding paragraph. time or cooling off period reckoned from the
3. Written parental consent. Written parental consent is completion of the publication of the application.
necessary for contracting parties who are 18 years old Further, such refusal shall be stated in the sworn
and up to 20 years old. This consent is part of the statement by the concerned contracting party.
supporting documents in the application for marriage 3. Critique: On the need for parental advice. As with
license. written parental consent, the need for parental advice
a. Same; Written manifestation or notarized seems to run counter to the concept that individuals
affidavit. The written parental consent may be who are 21 years old or over and up to 24 years old
personally manifested either via: are already fully fledged adults who are completely
a. Written manifestation by the capacitated to act. They are expected to understand
interested/concerned party who shall the rights and obligations that come with marriage.
personally appear before the LCR; or
b. Notarized affidavit made in the presence of Article 16. In the cases where parental consent or parental
two witnesses advice is needed, the party or parties concerned shall, in
b. Same; Same; Recorded in application. For the addition to the requirements of the preceding articles, attach
written manifestation, it shall be recorded on a certificate issued by a priest, imam or minister authorized
both the marriage license applications filed to solemnize marriage under Article 7 of this Code or a
separately by the parties. In case of the marriage counselor duly accredited by the proper
notarized affidavit, it shall be attached to the government agency to the effect that the contracting parties
mentioned applications. have undergone marriage counseling. Failure to attach said
4. Critique: On the need for parental consent. This certificates of marriage counseling shall suspend the
article requiring parental consent runs counter to the issuance of the marriage license for a period of three months
concept of 18 years old already becoming from the completion of the publication of the application.
emancipated. The concept of emancipation is that a Issuance of the marriage license within the prohibited period
minor upon reaching the age of majority or legal age shall subject the issuing officer to administrative sanctions
will no longer be subject to any legal restraint in his but shall not affect the validity of the marriage.
capacity to act. They can fully enter into a contract,
such as marriage, and be completely responsible for Should only one of the contracting parties need parental
the consequences. consent or parental advice, the other party must be present at
the counseling referred to in the preceding paragraph. (n)
Article 15. Any contracting party between the age of twenty-
one and twenty-five shall be obliged to ask their parents or 1. Marriage counselling certificate– refers to a
guardian for advice upon the intended marriage. If they do document certifying that an individual intending to
not obtain such advice, or if it be unfavorable, the marriage be married has undergone marriage counselling from
license shall not be issued till after three months following a priest, imam, or minister who are authorized to
the completion of the publication of the application therefor. solemnize marriage, or a marriage counselor duly
A sworn statement by the contracting parties to the effect accredited by the Government. (Family Code, Article
that such advice has been sought, together with the written 16)
advice given, if any, shall be attached to the application for 2. Separate requirement. The marriage counselling
marriage license. Should the parents or guardian refuse to certificate is in addition to and on top of the
give any advice, this fact shall be stated in the sworn requirements of written parental consent and/or
statement. (62a) written parental advice.
3. Who issues marriage counselling certificate? The
1. 21 years old and up to 24 years old. While the article following may issue a marriage counselling
states “between the ages twenty-one and twenty- certificate:
five”, it is submitted that this should be read as: 21
years old or over and up to 24 years old. This is to
 a. Priest, imam or minister authorized to said license after the completion of the period of publication,
solemnize marriage under Article 7 of the unless ordered otherwise by a competent court at his own
Family Code; or instance or that of any interest party. No filing fee shall be
b. Marriage counselor duly accredited by the charged for the petition nor a corresponding bond required
proper government agency. for the issuances of the order. (64a)
4. Effects of failure to attach, 3-month waiting time. If
the contracting parties fail to attach a marriage 1. Reported impediments. The LCR will note down the
counselling certificate, the LCR shall suspend the particulars of any reported impediments and the
issuance of the marriage license for a period of three findings thereon in the marriage license application.
(3) months reckoned from the completion of the However, the LCR will nonetheless proceed with the
application’s publication. issuance of the license after the lapse of the 10-day
a. Same; Valid marriage, administrative publication period, unless otherwise ordered “by a
sanctions. If the preceding 3-month competent court at his own instance or that of any
suspension is not observed and the valid interest[ed] party”.
license is issued, this will not affect the a. Same; LCR’s authority. The LCR is an agency, and
marriage which will remain valid. However, not a quasi-judicial body. Thus, it does not have the
the concerned issuing officer shall be subject authority to hear and adjudicate a case. Accordingly,
to administrative sanctions/penalties for non- it cannot decide on any legal impediments that may
compliance with this provision. have been reported. Its duty then is simply to
5. Presence at counselling by one who does not need annotate these impediments and its findings on the
parental consent or parental advice. The contracting matter.
party who is not required to present parental consent b. Same; Court order. If there is a court order issued to
or parental advice, is still required to be present at the the LCR related to the issuance of a marriage license,
marriage counselling. such as a temporary restraining order or an
injunction, then the LCR is legally bound to comply
Article 17. The local civil registrar shall prepare a notice with this order. Otherwise, the LCR’s refusal to
which shall contain the full names and residences of the comply will result in a direct contempt of court which
applicants for a marriage license and other data given in the carries penalties, including imprisonment.
applications. The notice shall be posted for ten consecutive c. No filing fee, no bond. To avoid placing any
days on a bulletin board outside the office of the local civil obstacles to obtaining a court order, the provision
registrar located in a conspicuous place within the building does away and makes it not a requirement to pay
and accessible to the general public. This notice shall request filing fees or bond for anyone filing a court petition
all persons having knowledge of any impediment to the seeking to obtain a temporary restraining order or an
marriage to advise the local civil registrar thereof. The injunction. This is due to the public interest involved
marriage license shall be issued after the completion of the in a marriage between individuals, particularly if
period of publication. (63a) there is a serious ground, such as the subsequent
marriage being bigamous due to a previous but still
1. LCR Notice. After the properly completed marriage subsisting marriage.
license application is filed, the LCR will prepare a d. Same; Order by an “interest party”. While the
notice containing the full names and residences of the provision states order of “any interest party”, it
applicants, as well as other data provided in the appears that there may be a typo and instead it
application. should be read as “any interested party”. The order
2. Publication of notice. The LCR shall post the notice that may be contemplated here is this that of a cease-
to ensure publication of the marriage license and-desist letter by an interested party (e.g. a spouse
application. from a previous but subsisting marriage) against the
a. 10 consecutive days. The posting shall run for LCR. If that is the case, this provision may be used as
a period of 10 consecutive days, including the legal basis by the interested party and/or the LCR
weekends. to prevent issuance of the marriage license.
b. Conspicuous place and accessible to the
general public. The notice shall be posted on a Article 19. The local civil registrar shall require the payment
bulletin board located outside of the LCR office of the fees prescribed by law or regulations before the
in a conspicuous place within the building and issuance of the marriage license. No other sum shall be
accessible to the general public. The purpose collected in the nature of a fee or tax of any kind for the
being is to maximize exposure of the notice so issuance of said license. It shall, however, be issued free of
that that anyone who may be affected will have charge to indigent parties, that is those who have no visible
the opportunity to intervene or notify the LCR means of income or whose income is insufficient for their
of any impediments. subsistence a fact established by their affidavit, or by their
c. Notify LCR of impediments, if any. If there oath before the local civil registrar. (65a)
are impediments, these should be notified or
made known to the LCR. Some of these 1. Rules on LCR fees.
impediments include, but are not limited to, a. General rule: Fees. In relation to the issuance of
fraud in the names or ages of the individuals a marriage license, the LCR is authorized to
intending to get married, a previous but still collect fees as may be prescribed by law or
subsisting marriage, failure to record partition regulations. However, no other payments shall
and distribute properties in a previous be collected in the form of fees or taxes of any
marriage that has been dissolved and non- kind related to the issuance of the marriage
delivery of presumptive legitimes to the license (e.g. documentary stamp tax).
children thereof, and so on. b. Same; Exception: Indigents. For indigents, no
3. Issuance of marriage license. After the lapse of the fees shall be charged against them. To support
10-day publication, the LCR shall issue the marriage their status as indigents, they may: (a) execute
license. In case of any impediment that was reported an affidavit attesting to the fact that they have
to the LCR, see the next article. no visible means of income or their income is
insufficient for their subsistence; or (b) take an
Article 18. In case of any impediment known to the local civil oath before the LCR attesting to the same.
registrar or brought to his attention, he shall note down the
particulars thereof and his findings thereon in the Article 20. The license shall be valid in any part of the
application for marriage license, but shall nonetheless issue Philippines for a period of one hundred twenty days from
the date of issue, and shall be deemed automatically canceled primarily the duty of the solemnizing officer to
at the expiration of the said period if the contracting parties make the submission, it is strongly
have not made use of it. The expiry date shall be stamped in recommended that the husband and wife
bold characters on the face of every license issued. (65a) ensure that the solemnizing officer has
performed such duty by checking/verifying
1. Anywhere in the Philippines. Once issued, the with the LCR as there is a 15-day deadline of
marriage license is valid in any part of the its submission. If the documents have not yet
Philippines. Hence, even if a party applied for and been submitted for recording, the couple may
was granted a license in Manila City, they may make the submission with the LCR to avoid
celebrate their marriage in Cebu City or Davao City. any issues with the recording of the marriage,
2. 120-day validity; Automatic expiration. The marriage as well as issues on the validity of the
license has a 120-day validity and automatically prenuptial agreement. For clarity, if the
expires or cancels at the expiration date. The prenuptial agreement is not submitted together
expiration date is required to be stamped in bold with the marriage certificate and not recorded,
character on the face of every license. the prenuptial agreement will not be valid and
thus will not affect third parties.
Article 21. When either or both of the contracting parties are
citizens of a foreign country, it shall be necessary for them Article 23. It shall be the duty of the person solemnizing the
before a marriage license can be obtained, to submit a marriage to furnish either of the contracting parties the
certificate of legal capacity to contract marriage, issued by original of the marriage certificate referred to in Article 6 and
their respective diplomatic or consular officials. to send the duplicate and triplicate copies of the certificate
not later than fifteen days after the marriage, to the local civil
Stateless persons or refugees from other countries shall, in registrar of the place where the marriage was solemnized.
lieu of the certificate of legal capacity herein required, Proper receipts shall be issued by the local civil registrar to
submit an affidavit stating the circumstances showing such the solemnizing officer transmitting copies of the marriage
capacity to contract marriage. (66a) certificate. The solemnizing officer shall retain in his file the
quadruplicate copy of the marriage certificate, the copy of the
1. Rules on foreigners getting married in the marriage certificate, the original of the marriage license and,
Philippines. in proper cases, the affidavit of the contracting party
a. Foreign nationals. For citizens of a foreign regarding the solemnization of the marriage in place other
country who intend to get married in the than those mentioned in Article 8. (68a)
Philippines, they are required to submit a
certificate of legal capacity to contract marriage 1. Duties of the solemnizing officer. The solemnizing
issued by their respective diplomatic or officer has the following duties:
consular officials. a. Solemnize the marriage;
b. Stateless persons/refugees. For stateless b. Furnish the contracting parties the original of
persons or refugees who intend to get married the marriage certificate;
in the Philippines, they are required to submit c. Send duplicate and triplicate copies of the
an affidavit stating the circumstances showing marriage certificate within 15 days from
such capacity to contract marriage. marriage to the LCR where the marriage was
celebrated; and
Article 22. The marriage certificate, in which the parties shall d. Safe keep the quadruplicate copy of the
declare that they take each other as husband and wife, shall marriage certificate, the copy of the marriage
also state: certificate, the original of the marriage license
and, in proper cases, the affidavit of the
1. The full name, sex and age of each contracting party; contracting party regarding the solemnization
2. Their citizenship, religion and habitual residence; of the marriage in place other than those
3. The date and precise time of the celebration of the mentioned in Article 8 of the Family
marriage; Code, i.e. written request by the parties of
4. That the proper marriage license has been issued their preferred venue.
according to law, except in marriage provided for in 2. Same; If solemnizing officer fails to submit
Chapter 2 of this Title; documents. There are cases when the solemnizing
5. That either or both of the contracting parties have officer fails to submit the marriage certificate and the
secured the parental consent in appropriate cases; prenuptial agreement, if any. For instance, some
6. That either or both of the contracting parties have solemnizing officers simply forget or there is
complied with the legal requirement regarding oversight on their end; in some cases, they get sick,
parental advice in appropriate cases; and injured, or die. It is thus critical that the husband and
7. That the parties have entered into marriage wife confirm/verify with the solemnizing officer if the
settlement, if any, attaching a copy thereof. (67a) documents have been submitted and likewise verify
the same with the LCR. If the documents remain
unsubmitted, the couple may make the submission
themselves.
1. Marriage certificate – refers to documentary evidence 3. LCR where marriage was celebrated. The marriage
attesting to the fact of marriage between individuals. certificate and prenuptial agreement, if any, should be
2. This article outlines the contents of a marriage submitted to the LCR where the marriage was
certificate. celebrated. This is important to note as the LCR who
a. Marriage settlement. The critical part in the issued the marriage license (e.g. Puerto Princessa
marriage certificate is the content with respect City) may be different from the LCR where the
to a marriage settlement. As provided in the marriage was celebrated (e.g. Tacloban City).
article, it has to be stated in the marriage 4. Same; LCR receipts. The receiving LCR is required to
certificate if there is any marriage settlement issue proper receipts to show that submission has
(a.k.a. prenuptial agreement) entered into been done.
between the parties and, if there is one, it has
to be attached or stapled together with the Article 24. It shall be the duty of the local civil registrar to
certificate. Both the marriage certificate and the prepare the documents required by this Title, and to
prenuptial agreement have to be submitted administer oaths to all interested parties without any charge
and recorded with the LCR. While it is in both cases. The documents and affidavits filed in
connection with applications for marriage licenses shall be Family Code, Article 35 (1) Those contracted by any party
exempt from documentary stamp tax. (n) below eighteen years of age even with the consent of parents
or guardians;
Article 25. The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a registry 1. Ibid., Article 35 (4): Those bigamous or polygamous
book strictly in the order in which the same are received. He marriages not failing under Article 41;
shall record in said book the names of the applicants, the 2. Ibid., Article 35 (5): Those contracted through mistake
date on which the marriage license was issued, and such of one contracting party as to the identity of the other;
other data as may be necessary. (n) 3. Ibid., Article 35 (6): Those subsequent marriages that
are void under Article 53;
Notes: 4. Ibid., Article 36: A marriage contracted by any party
who, at the time of the celebration, was
1) Duties of the LCR. The Local Civil Registrar has the psychologically incapacitated to comply with the
following duties: essential marital obligations of marriage, shall
likewise be void even if such incapacity becomes
a. To receive and process marriage license applications manifest only after its solemnization.
(Family Code, Articles 11, 12); 5. Ibid., Article 37: Marriages between the following are
b. To require presentation of original birth certificates incestuous and void from the beginning, whether
or, in default, baptismal certificate (Ibid., Article 12); relationship between the parties be legitimate or
c. To verify parental consent, if applicable (Ibid., Article illegitimate: … (1) Between ascendants and
14); descendants of any degree; and… (2) Between
d. To verify parental advice, if applicable (Ibid., Article brothers and sisters, whether of the full or half blood.
15); 6. Ibid., Article 38: Art. 38. The following marriages shall
e. To verify marriage counselling certificate be void from the beginning for reasons of public
(Ibid., Article 16); policy: … (1) Between collateral blood relatives
f. To prepare the notice related to the marriage license whether legitimate or illegitimate, up to the fourth
application (Ibid., Article 17); civil degree; … (2) Between step-parents and step-
g. To post the notice on a bulletin board located outside children; … (3) Between parents-in-law and children-
of the LCR office in a conspicuous place within the in-law; … (4) Between the adopting parent and the
building and accessible to the general public (Ibid); adopted child; … (5) Between the surviving spouse of
h. To require foreign nationals intending to marry in the the adopting parent and the adopted child; … (6)
Philippines the submission of a certificate of legal Between the surviving spouse of the adopted child
capacity to contract issued by a foreign national’s and the adopter; … (7) Between an adopted child and
diplomatic or consular official (Ibid., Article 21); a legitimate child of the adopter; … (8) Between
i. To require stateless persons or refugees intending to adopted children of the same adopter; and … (9)
marry in the Philippines the submission of an Between parties where one, with the intention to
affidavit stating the circumstances showing such marry the other, killed that other person’s spouse, or
capacity to contract marriage (Ibid., Par. 2, Article 21); his or her own spouse.
j. To note down legal impediments that were reported
including findings thereof (Ibid., Article 18);
k. To comply with an order from a competent court or
interested party directing the non-issuance of the 2. Rules on foreign-divorce decrees.
marriage license (Ibid.,); a. Regardless of who applies for divorce
l. To collect fees related to the issuance of the marriage decree. Article 26(2) applies to mixed marriages
license (Ibid., Article 19); where the divorce decree is:
m. To issue a marriage license (Ibid., Articles 19 and 20); 1. obtained by the foreign spouse;
n. To prepare documents related to the marriage license 2. obtained jointly by the Filipino and foreign spouse;
applications, marriage license, and related thereto and
(Ibid., Article 24); 3. obtained solely by the Filipino spouse. (Abel v. Rule,
o. To administer oaths to all interested parties without G.R. No. 234457, May 12, 2021, citing Galapon v.
any charge (Ibid.,); Republic, G.R. No. 243722, January 22, 2020)
p. To enter all marriage license applications and
issuance of marriage license in a registry book strictly Chapter 2. Marriages Exempted from License Requirement
in the order in which the same are received
(Ibid., Article 25); Article 27. In case either or both of the contracting parties are
at the point of death, the marriage may be solemnized
Article 26. All marriages solemnized outside the Philippines, without necessity of a marriage license and shall remain
in accordance with the laws in force in the country where valid even if the ailing party subsequently survives. (72a)
they were solemnized, and valid there as such, shall also be
valid in this country, except those prohibited under Articles Article 28. If the residence of either party is so located that
35 (1), (4), (5) and (6), 36, 37 and 38. (17a) there is no means of transportation to enable such party to
appear personally before the local civil registrar, the
Where a marriage between a Filipino citizen and a foreigner marriage may be solemnized without necessity of a marriage
is validly celebrated and a divorce is thereafter validly license. (72a)
obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have capacity to remarry Article 29. In the cases provided for in the two preceding
under Philippine law. (As amended by Executive Order 227) articles, the solemnizing officer shall state in an affidavit
executed before the local civil registrar or any other person
1. Rules on foreign-celebrated marriages. legally authorized to administer oaths that the marriage was
a. General rule: Foreign marriages are valid in the performed in articulo mortis or that the residence of either
Philippines. All marriages celebrated outside the party, specifying the barrio or barangay, is so located that
Philippines are valid here so long as they were there is no means of transportation to enable such party to
valid in the foreign country where the solemnity appear personally before the local civil registrar and that the
was made. officer took the necessary steps to ascertain the ages and
b. Exception: Prohibited marriages. Even if valid in relationship of the contracting parties and the absence of
foreign countries, the following marriages are not legal impediment to the marriage. (72a)
valid in the Philippines as they are prohibited:
Article 30. The original of the affidavit required in the last 1. Between collateral blood relatives whether
preceding article, together with the legible copy of the legitimate or illegitimate, up to the fourth civil
marriage contract, shall be sent by the person solemnizing degree;
the marriage to the local civil registrar of the municipality 2. Between step-parents and step-children;
where it was performed within the period of thirty days after 3. Between parents-in-law and children-in-law;
the performance of the marriage. (75a) 4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting
Article 31. A marriage in articulo mortis between passengers parent and the adopted child;
or crew members may also be solemnized by a ship captain 6. Between the surviving spouse of the adopted child
or by an airplane pilot not only while the ship is at sea or the and the adopter;
plane is in flight, but also during stopovers at ports of call. 7. Between an adopted child and a legitimate child of
(74a) the adopter;
8. Between adopted children of the same adopter; and
Article 32. A military commander of a unit, who is a 9. Between parties where one, with the intention to
commissioned officer, shall likewise have authority to marry the other, killed that other person’s spouse, or
solemnize marriages in articulo mortis between persons his or her own spouse. (82)
within the zone of military operation, whether members of
the armed forces or civilians. (74a) Article 39. The action or defense for the declaration of
absolute nullity of a marriage shall not prescribe. (As
Article 33. Marriages among Muslims or among members of amended by Executive Order 227 and Republic Act No. 8533;
the ethnic cultural communities may be performed validly The phrase “However, in case of marriage celebrated before
without the necessity of marriage license, provided they are the effectivity of this Code and falling under Article 36, such
solemnized in accordance with their customs, rites or action or defense shall prescribe in ten years after this Code
practices. (78a) shall taken effect” has been deleted by Republic Act No.
8533 [Approved February 23, 1998]).
Article 34. No license shall be necessary for the marriage of a
man and a woman who have lived together as husband and Article 40. The absolute nullity of a previous marriage may
wife for at least five years and without any legal impediment be invoked for purposes of remarriage on the basis solely of
to marry each other. The contracting parties shall state the a final judgment declaring such previous marriage void. (n)
foregoing facts in an affidavit before any person authorized
by law to administer oaths. The solemnizing officer shall Article 41. A marriage contracted by any person during
also state under oath that he ascertained the qualifications of subsistence of a previous marriage shall be null and void,
the contracting parties are found no legal impediment to the unless before the celebration of the subsequent marriage, the
marriage. (76a) prior spouse had been absent for four consecutive years and
the spouse present has a well-founded belief that the absent
Chapter 3. Void and Voidable Marriages spouse was already dead. In case of disappearance where
there is danger of death under the circumstances set forth in
Article 35. The following marriages shall be void from the the provisions of Article 391 of the Civil Code, an absence of
beginning: only two years shall be sufficient.

1. Those contracted by any party below eighteen years For the purpose of contracting the subsequent marriage
of age even with the consent of parents or under the preceding paragraph the spouse present must
guardians; institute a summary proceeding as provided in this Code for
2. Those solemnized by any person not legally the declaration of presumptive death of the absentee,
authorized to perform marriages unless such without prejudice to the effect of reappearance of the absent
marriages were contracted with either or both spouse. (83a)
parties believing in good faith that the solemnizing
officer had the legal authority to do so; Article 42. The subsequent marriage referred to in the
3. Those solemnized without license, except those preceding Article shall be automatically terminated by the
covered the preceding Chapter; recording of the affidavit of reappearance of the absent
4. Those bigamous or polygamous marriages not spouse, unless there is a judgment annulling the previous
failing under Article 41; marriage or declaring it void ab initio.
5. Those contracted through mistake of one contracting
party as to the identity of the other; and A sworn statement of the fact and circumstances of
6. Those subsequent marriages that are void under reappearance shall be recorded in the civil registry of the
Article 53. residence of the parties to the subsequent marriage at the
instance of any interested person, with due notice to the
Article 36. A marriage contracted by any party who, at the spouses of the subsequent marriage and without prejudice to
time of the celebration, was psychologically incapacitated to the fact of reappearance being judicially determined in case
comply with the essential marital obligations of marriage, such fact is disputed. (n)
shall likewise be void even if such incapacity becomes
manifest only after its solemnization. (As amended by Article 43. The termination of the subsequent marriage
Executive Order 227) referred to in the preceding Article shall produce the
following effects:
Article 37. Marriages between the following are incestuous
and void from the beginning, whether relationship between 1. The children of the subsequent marriage conceived
the parties be legitimate or illegitimate: prior to its termination shall be considered
legitimate;
1. Between ascendants and descendants of any degree; 2. The absolute community of property or the conjugal
and partnership, as the case may be, shall be dissolved
2. Between brothers and sisters, whether of the full or and liquidated, but if either spouse contracted said
half blood. (81a) marriage in bad faith, his or her share of the net
profits of the community property or conjugal
Article 38. The following marriages shall be void from the partnership property shall be forfeited in favor of
beginning for reasons of public policy: the common children or, if there are none, the
children of the guilty spouse by a previous marriage
or in default of children, the innocent spouse;
 3. Donations by reason of marriage shall remain valid, 1. For causes mentioned in number 1 of Article 45 by
except that if the donee contracted the marriage in the party whose parent or guardian did not give his
bad faith, such donations made to said donee are or her consent, within five years after attaining the
revoked by operation of law; age of twenty-one, or by the parent or guardian or
4. The innocent spouse may revoke the designation of person having legal charge of the minor, at any time
the other spouse who acted in bad faith as before such party has reached the age of twenty-one;
beneficiary in any insurance policy, even if such 2. For causes mentioned in number 2 of Article 45, by
designation be stipulated as irrevocable; and the same spouse, who had no knowledge of the
5. The spouse who contracted the subsequent marriage other’s insanity; or by any relative or guardian or
in bad faith shall be disqualified to inherit from the person having legal charge of the insane, at any time
innocent spouse by testate and intestate succession. before the death of either party, or by the insane
(n) spouse during a lucid interval or after regaining
sanity;
Article 44. If both spouses of the subsequent marriage acted 3. For causes mentioned in number 3 of Article 45, by
in bad faith, said marriage shall be void ab initio and all the injured party, within five years after the
donations by reason of marriage and testamentary discovery of the fraud;
dispositions made by one in favor of the other are revoked 4. For causes mentioned in number 4 of Article 45, by
by operation of law. (n) the injured party, within five years from the time
the force, intimidation or undue influence
Article 45. A marriage may be annulled for any of the disappeared or ceased;
following causes, existing at the time of the marriage: 5. For causes mentioned in number 5 and 6 of Article
45, by the injured party, within five years after the
1. That the party in whose behalf it is sought to have marriage. (87a)
the marriage annulled was eighteen years of age or
over but below twenty-one, and the marriage was Article 48. In all cases of annulment or declaration of
solemnized without the consent of the parents, absolute nullity of marriage, the Court shall order the
guardian or person having substitute parental prosecuting attorney or fiscal assigned to it to appear on
authority over the party, in that order, unless after behalf of the State to take steps to prevent collusion between
attaining the age of twenty-one, such party freely the parties and to take care that evidence is not fabricated or
cohabited with the other and both lived together as suppressed.
husband and wife;
2. That either party was of unsound mind, unless such In the cases referred to in the preceding paragraph, no
party after coming to reason, freely cohabited with judgment shall be based upon a stipulation of facts or
the other as husband and wife; confession of judgment. (88a)
3. That the consent of either party was obtained by
fraud, unless such party afterwards, with full Article 49. During the pendency of the action and in the
knowledge of the facts constituting the fraud, freely absence of adequate provisions in a written agreement
cohabited with the other as husband and wife; between the spouses, the Court shall provide for the support
4. That the consent of either party was obtained by of the spouses and the custody and support of their common
force, intimidation or undue influence, unless the children. The Court shall give paramount consideration to
same having disappeared or ceased, such party the moral and material welfare of said children and their
thereafter freely cohabited with the other as choice of the parent with whom they wish to remain as
husband and wife; provided to in Title IX. It shall also provide for appropriate
5. That either party was physically incapable of visitation rights of the other parent. (n)
consummating the marriage with the other, and
such incapacity continues and appears to be Article 50. The effects provided for by paragraphs (2), (3), (4)
incurable; or and (5) of Article 43 and by Article 44 shall also apply in the
6. That either party was afflicted with a sexually- proper cases to marriages which are declared ab initio or
transmissible disease found to be serious and annulled by final judgment under Articles 40 and 45.
appears to be incurable. (85a)
The final judgment in such cases shall provide for the
Article 46. Any of the following circumstances shall liquidation, partition and distribution of the properties of
constitute fraud referred to in Number 3 of the preceding the spouses, the custody and support of the common
Article: children, and the delivery of third presumptive legitimes,
unless such matters had been adjudicated in previous
1. Non-disclosure of a previous conviction by final judicial proceedings.
judgment of the other party of a crime involving
moral turpitude; All creditors of the spouses as well as of the absolute
2. Concealment by the wife of the fact that at the time community or the conjugal partnership shall be notified of
of the marriage, she was pregnant by a man other the proceedings for liquidation.
than her husband;
3. Concealment of sexually transmissible disease, In the partition, the conjugal dwelling and the lot on which it
regardless of its nature, existing at the time of the is situated, shall be adjudicated in accordance with the
marriage; or provisions of Articles 102 and 129.
4. Concealment of drug addiction, habitual alcoholism
or homosexuality or lesbianism existing at the time Article 51. In said partition, the value of the presumptive
of the marriage. legitimes of all common children, computed as of the date of
the final judgment of the trial court, shall be delivered in
No other misrepresentation or deceit as to character, health, cash, property or sound securities, unless the parties, by
rank, fortune or chastity shall constitute such fraud as will mutual agreement judicially approved, had already provided
give grounds for action for the annulment of marriage. (86a) for such matters.

Article 47. The action for annulment of marriage must be The children or their guardian or the trustee of their property
filed by the following persons and within the periods may ask for the enforcement of the judgment.
indicated herein:
The delivery of the presumptive legitimes herein prescribed
shall in no way prejudice the ultimate successional rights of
the children accruing upon the death of either of both of the
parents; but the value of the properties already received
under the decree of annulment or absolute nullity shall be
considered as advances on their legitime. (n)

Article 52. The judgment of annulment or of absolute nullity

of the marriage, the partition and distribution of the
properties of the spouses and the delivery of the children’s
presumptive legitimes shall be recorded in the appropriate
civil registry and registries of property; otherwise, the same
shall not affect third persons. (n)

Article 53. Either of the former spouses may marry again

after compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall
be null and void.

Article 54. Children conceived or born before the judgment

of annulment or absolute nullity of the marriage under
Article 36 has become final and executory shall be
considered legitimate. Children conceived or born of the
subsequent marriage under Article 53 shall likewise be
legitimate.