Is Your Marriage Valid? Essential Legal Requirements Explained

Author: Atty. Angeli Andan

INTRODUCTION

Under the Family Code, for a marriage to be valid in the Philippines, the five (5) requisites are:

1. Legal Capacity
2. Consent
3. Authority of the Solemnizer
4. Valid Marriage License
5. Marriage Ceremony

DISCUSSION

1. LEGAL CAPACITY
   1. Age of the parties is at least 18 years
   2. Sex: must be the opposite sex (man and woman)
   3. Absence of legal impediment (ie. not incestuous, not a marriage against public policy, not a bigamous marriage)
2. CONSENT. This refers  to the personal declaration of the parties during the marriage ceremony that they take each other as husband and wife in the presence of not less than two witnesses of legal age. Consent must be freely given in the presence of the solemnizing officer.
3. AUTHORITY OF THE SOLEMNIZER. Those who are authorized to solemnize a marriage are as follows:
   1. Incumbent members of Judiciary
   2. Religious solemnizers (ie. Imam, rabbi, priest, minister)
   3. Ship captain and airplane chief pilot, in case of articulo mortis 
   4. Military commanders of a unit, in case of articulo mortis
   5. Consular officials (consul-general, consul, vice-consul)
   6. Mayors (January 1, 1992 onwards)
4. VALID MARRIAGE LICENSE. A marriage license is considered valid if issued and appearing in records of the Local Civil Registry, even if there was irregularity in issuance. As such, the marriage license must not be fake or spurious, and not expired.
5. MARRIAGE CEREMONY. For marriage ceremony to be valid, there must be compliance with the minimum requirements:
   1. personal appearance of parties before solemnizer
   2. personal declaration before solemnizer that they take each other as husband and wife

EFFECT OF ABSENCE

In case of the absence of the five requisites, the effects are:

1. If the parties are not legally capacitated, the marriage is void.
2. If there is no consent, there is no marriage at all. (Republic v. Olaybar)
3. If the solemnizer has no authority to solemnize the marriage, the marriage is void, unless at least one (1) of the contracting parties believed in good faith that the solemnizing officer has authority to solemnize marriage.
4. If there is no valid marriage license and marriage is not exempt to the requirement of a valid marriage license, the marriage is void.
5. If there is no marriage ceremony, there is no marriage at all. 

Want to know if your marriage is valid or not? Contact us today at info@baisandanlaw.com. You can also reach us via cellphone number at 0915 968 2503 or at our telephone number (045) 281 0164.