Q: What is Marriage?
lack of legal age of the witnesses
A: 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 nation and an
inviolable social institution whose nature, consequences
and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix
the property relation during the marriage within the
limits provided by this Code.
Q: Requisites of Marriage
A: The requisites of Marriage are:
Essential requisites
Formal requisites
*Essential requisites are the ff.: (LC)
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
*Formal Requisites of marriage are the ff.: (VAM)
1. Authority of the Solemnizing Officer;
2. Valid Marriage license
3. Marriage ceremony which takes place with
a. the attendance of the contracting
parties;
b. before the Solemnizing Officer
c. and their personal declaration that they
take each other as husband and wife
d. in the presence of at least 2 witnesses
e. of legal age
Q: Effect of Absence, defect and irregularities of the
requisites.
A: GR: Absence of the essential and the formal
requisites shall render the marriage void ab initio
XPN: Even if the solemnizing officer has no authority,
the marriage is valid if either or both of the parties
believed in GOOD FAITH that the solemnizing officer
had the legal authority to do so.
Defect in consent: Marriage is VOIDABLE
Irregularity in any of the formal requisites, such as:
1. Presence of only 1 witness
2.
3. failure to comply with:
Article 12 – requirement of the LCR in the application
for marriage license
Article 15 – securing parental advice
Article 17 – notice of publication
4. Member of the judiciary solemnized marriage
outside of his court’s jurisdiction
Does not affect the validity of the marriage but the
party responsible for the irregularity shall be civilly,
criminally and administratively liable.
Q who may contract marriage ?
A: Any male or female of the age 18 yrs or upward not
under any of the impediments of
ART37 Incestuous Marriage
ART 38 Marriages against public policy
may contract marriage
Q: What is the prescribed form or religious rites for the
solemnization of the marriage?
A: No prescribe form or religious right for the
solemnization of marriage is required.
It shall be necessary for the contracting parties to:
1. Appear personally before the solemnizing
officer
2. Declare in the presence of not less than 2
witnesses of legal age
3. That they each other as Husband and Wife.
This declaration shall be contained in the MARRIGE
CERTIFICATE which shall be
1. signed by the contracting parties
2. their witnesses
3. attested by the solemnizing officer
Q: In case of Marriage in Articulo Mortis, where the
party at the point of death was unable to sign his name
in the marriage certificate.
A: it shall be sufficient for one of the witnesses to the
marriage to write the name of the said party, which
shall be attested by the solemnizing officer.
Q: Who may solemnized marriage?
A: The following may solemnized marriage: (JI-M²AC)
 1. Any incumbent member of the judiciary within
the jurisdiction of their Court.
2. Any (PRIM) priest, rabbi, imam and minister of
any church or religious sect
a. duly authorized by his church or religious
sect; and
b. registered with the civil register general
c. acting within the limits of the written
authority granted him by his church or
religious sect; and
d. provided that at least one of the contracting
parties belongs to the solemnizing officer’s
church or religious sect.
3. Any ship captain or airplane chief only in case of
articulo mortis
4. Any military commander of a unit to which a
chaplain is assigned, in the absence of the
latter, during military operation, likewise only in
the cases of articulo mortis
5. Any consul general, consul or vice consul in the
cases provided for marriages between Filipino
citizens abroad.
6. Mayor

Q: Place of Marriage

A: GR: Marriage shall be solemnized publicly in

1. a chamber of the judge

2. in an open court
3. in the church, chapel or temple
4. in the office of the consul general, consul and
vice consul

and not elsewhere

XPN: in case of marriage contracted at the point of

death or in remote places where both of the parties
request the solemnizing officer in writing in which case
the marriage may be solemnized at the house or place
designated by them in a sworn statement.