Article

PROVISION
Marriage is a special contract. It is a permanent union between a man
and a woman in accordance with the law and in the establishment of
conjugal and family life.
Essential requisites - legal capacity and consent freely given by the
solemnizing officer
Formal requisites - authority of the solemnizing officer, marriage
license, ceremony
Effects of the absence of the essential and formal requisites

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Ages to contract marriage is 18-21

Personal appearance is required before the solemnizing officer

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Solemnizing officers JPCCCM

Ceremony should be held publicly
Marriage license should be filed in the local civil registrar where they
habitually resides
Marriage before a consul
Separately sworn or filled out
Certification of age
Death certificate for the widow, affidavit of annulment
Parental consent
Parental advice
Marriage counselling
Notice should be posted for 10 consecutive days
If the solemnizing officer has found any impediments upon the posting
of a notice, this shall be noted along with the application of the
marriage license.
Fees to pay
Expiration day is only for 120 days
Certificate of legal capacity (by the consul) by those citizens from other
countries and an affidavit to those who are stateless

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SALIENT POINTS

Absence of ER = voidable
Lacking FR = civilly, criminally and administratively liable
No witnesses, not orally declaring they are husband and wife and no
compliance of marriage license are mere irregularities

Voidable
Suspension for 3 months
Suspension for 3 months

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What a husband and wife should state in a marriage certificate

Before the solemnizing officer;
Free of charge
Copies of marriage license should be kept in a book
(1) Marriage solemnized outside the country is valid here in the
Philippines
(2) When a foreigner party files divorce abroad, and thus
permitting him/her to remarry, the Filipino party also permits
to remarry.