FAMILY CODE OF THE PHILIPPINES
[E.O No. 2019 (as amended)]
Articles
I.
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 family and inviolable social
institution whose nature, consequences and
incidents are governed by law and not subject
to stipulation, except that marriage settlement
may fix property relations during the
marriage within the limits provided by this
code
Discussions
- Nature of Marriage:
The husband and the wife become one single moral, spiritual and social being, not only for the purpose of
procreation, but also for the purpose of mutual help and protection physically, morally and materially.
Marriage is one of the basic civil rights of man, fundamental to our very own existence and survival.
The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly
pursuit of happiness by free man
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- Aspects of Marriage:
1.) as a contract: it is a civil contract that is entered by the agreement of the parties. The marriage status once
coming into existence remains in force until it is dissolved by the courts in accordance with law or by death
of a spouse.
2.) a status or union: founded on contract and established by law, under which certain rights and duties
incident to the relationship come into being, irrespective of the wishes of the parties. It is the union of one
man with one woman for the reciprocal blessings of a domestic home life, and for the birth, rearing and
education of children. The status of marriage ordinarily continues during the joint lives of the parties or until
annulment or declaration of nullity of such marriage.
3.) as a social institution: regulated and controlled by the state. (Jimenez v. Republic) “Marriage in this
country is an institution which the community is deeply interested. The state has surrounded it with
safeguards to maintain the purity, continuity and permanence. The security and stability of the state are
largely dependent upon it. It is the interest and duty of each and every member of the community to prevent
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the bringing about of a condition that would shake its foundation and ultimately lead to its destruction.”

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- Differences between Social and Ordinary Contracts:

MARRIAGE
Special contract
Social institution
Governed by the law on
marriage
GR: Not subject to stipulation
XPN: Property relations in
marriage settlements
Legal capacity required
Contracting parties must only
be two persons of opposite
sexes
Dissolution by agreement
Dissolved only by death or
annulment, never by mutual
agreement
ORDINARY CONTRACT
As a contract
Merely a contract
Applicable law
Governed by the law on contracts
Right to stipulate
Generally subject to stipulations
Capacity to contract
Minors may contract thru their parents or guardians or in
some instances, by themselves
Gender requirement
Contracting parties may be two or more persons regardless
of sex
Can be dissolved by mutual agreement among others.

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-Constitutional Provisions Protecting Marriage:

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Article 2, Sec. 12, 1987 Constitution: The state recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the government.

Article 15, Sec 1: The state recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promotes its total development.

Same, Sec. 2: Marriage, as an inviolable social institution, is the foundation of the family and
shall be protected by the state

Same, Sec. 3: The state shall defend:

1.) The right of spouses to found a family in accordance with their religious convictions and
the demands of responsible parenthood.
2.) The right of the children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse cruelty, exploitation, and other conditions
prejudicial to their development
3.) The right of the family to a family living wage and income
4.) The right of the families or family associations to participate in the planning and
implementation of policies and programs that affects them.

Same, Sec. 4: The family has the duty to care for its elderly members but the State may also do
so through just programs of social security.

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 - Presumptions Favoring Marriage: (Disputable Presumptions)
1.) That a man and a woman deport themselves as husband and wife have entered into a
lawful contract of marriage, they are presumed in the absence of counter-presumption or
evidence special to the case, to be in fact married.

2.) That the law favors the validity of marriage and the burden of proof to show the nullity of
the marriage rests upon the party seeking its nullity.

- Reason of the Presumption

Such is the common order of society, and if the parties were not what they thus hold
themselves out as a being, they would be living in the constant violation of decency and of
law.

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- Proof of marriage: (TOBS)

(NB: Although a marriage certificate is considered as the primary evidence of marriage, the
failure to present it is not, however proof that no marriage took place.)
1.) testimony of a witness to the matrimony
2.) couple’s public and open cohabitation as husband and wife after the alleged wedlock
3.) Birth and Baptismal Certificate of Children born during such union
4.) the mention of such nuptial in subsequent documents

II - Legal Capacity: (ASA)

No marriage shall be valid, unless the essential
requisites are present: 1.) Age requirement
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1.) Legal Capacity of the contracting parties who
must be a male and a female
2.) Consent freely given in the presence of the
solemnizing officer
III
The formal requisites of marriage are:
1.) Authority of the Solemnizing Officer
2.) Valid Marriage license except in the cases
provided for in Chapter 2 of this title
3.) A marriage ceremony which takes place with
the appearance of the 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
2.) Sex of the parties
3.) Absence of legal impediments mentioned in Articles 37 & 38 of the FC
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-Age Requirements:
Article 5 of the FC: Any male or female of the age of 18 years or upwards not under any of the impediments
mentioned in Article 37 & 38, may contract marriage.
Article 14 of the FC: In case either or both of the contracting parties, not having been emancipated by a
previous marriage, are between the ages of 18 and 21, they shall, in addition to the requirements of the
preceding articles, exhibit to the 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 affidavit made in the presence of two witnesses and attested before any official authorize 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.
Article 15 of the FC: 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.
SUMMARY:
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 AGE ADDITIONAL REQUIREMENTS
18 to 21 years old Parental consent and Marriage counselling
22 to 25 years old Parental advice and Marriage counselling
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- Sexes of the parties:

Same-sex marriage is not recognized as valid here in the Philippines, even if the marriage is solemnized
abroad and valid there as such.
In Silverio v Republic, it was held that in this jurisdiction there is no law recognizing sex reassignment and
its effect. The sex of a person is determined at birth, visually by the birth attendant by examining the genitals
of the infant.
In Republic v Jennifer Cagandahan, the court allowed the corrections of entries in the birth certificate of the
respondent on the ground of her medical condition known as Congenital Adrenal Hyperplasia (CAH) which
is endowed with a mixed (neither consistently and categorically female nor consistently and categorically
male) composition. She has female chromosomes. However, her body system naturally produces high levels
of male hormones (androgen). As a result, she has ambiguous genitalia and the phenotypic features of a
male. But accordingly, he has already ordered his life to that of a male. The court ruled that the determining
factor in his gender classification would what the individual having reached the age of majority, with good
reason thinks of his/her sex.

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- Impediments (Articles 37 & 38):

Article 37 of the FC: 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

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

Article 38 of the FC: The following marriages 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
9. Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his
or her own spouse.

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- Consent:
Article 6 of the FC: 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 the said party,
which fact shall be attested by the solemnizing officer.
NB: Consent must be free or voluntary. When the consent is obtained through mistake, fraud, force or
intimidation or undue influence, the marriage is annullable. If either of the party is of unsound mind at that
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time of the celebration of the marriage, it is annullable.

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- Authority of the Solemnizing Officer:

Article 7: Marriages maybe solemnized by:
1. Incumbent member of the judiciary with 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 him 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;
3. Any ship captain or airplane chief only in the cases mention in Art. 31; 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 Art. 32; A military commander of a unit, who is a
commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between
persons within the zone of military operation, whether members of the armed forces or civilians.
5. Any consul-general, consul, or vice-consul in the case provided in Art. 10; 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.
6. Municipal and City mayors (RA 7160, Secs. 444-445).

-Requisites:
MEMBERS OF THE JUDICIARY
Those who have national jurisdiction
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1. Chief Justice and Associate Justices of the Supreme Court;
2. The Presiding Justice and Justices of the Court of Appeals;
3. The Presiding Justice and Justices of the Sandiganbayan;
Those who have jurisdiction only in their territory:
4. Judges of the RTC;
5. Judges of the CTA;
6. Judges of the McTC, MTC and MTCC.
Requisites:
1. Must be incumbent members;
2. Must solemnize the marriage with their court’s jurisdiction
NB: In the case of Navarro v Domagtoy (AM No. MTJ-96-1088 [1996]), the Court ruled that a marriage
solemnized outside the jurisdiction of the judge is valid for it only consists in the irregularity of the formal
requisite. Nonetheless, the Navarro case is an administrative case against an erring judge. Hence, the
statements made by the Court may be considered merely as obiter dictum and do not set a binding precedent.
OBITER DICTUM:
An opinion uttered by the way, not upon the point or question pending, as if turning aside from the main
topic of the case to collateral subjects. An opinion of the court which does not embody its determination and
is made without argument or full consideration of the point, and is not professed deliberate determinations of
the judge himself.

PRIEST, RABBI, IMAM OR MINISTER

Requisites:
1. Duly authorized by his church or religious sect;
2. Registered with the office of the civil registrar general;
3. Acting within the limits of the written authority granted;
4. At least 1 of the parties belongs to the solemnizing officer’s church or religious sect
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NB: Absence of the foregoing requisites, the religious solemnizing officer is not clothed with authority to
solemnize a marriage. Consequently, any marriage solemnized by said officer is void ab initio.

SHIP CAPTAIN OR AIRPLANE CHIEF

Requisites:
1. The marriage must be in articulo mortis;
2. Must between passengers or crew members;
3. The ship must be at sea or the plane must be in flight; including stopovers at ports of call.
NB: Assistant pilot has no authority to solemnize a marriage even if main pilot dies.
NB: Such marriage can be solemnized during stopovers at ports of call, wherein the voyage is not yet
terminated and includes instances when there are transit passengers which the others affirmed.

MILITARY COMMANDER
Requisites: [OZCAr]
1. He must be a commissioned officer, or an officer in the armed forces holding rank by virtue of a
commission from the President;
2. The marriage must be solemnized within the zone of military operations.
3. The assigned chaplain to his unit must be absent;
4. The marriage must be in articulo mortis.
Illustration:
X, a soldier belongs to a military unit headed by Y. While in a place of military operation, X was shot and is
at the point of death, so Z, his girlfriend requested Y to solemnize their marriage. The marriage is valid even
without marriage license because Y is authorized to solemnize the marriage under the situation.
If in the problem above, there was a priest or a chaplain assigned and he was even one of the witnesses, the
marriage is not valid because the military commander can only have the authority to solemnize the marriage
in the absence of the chaplain.
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If in the problem above, it was Z, the girlfriend of X who was in articulo mortis, the military commander can
likewise solemnize the marriage in the absence of the chaplain assigned. The rule is so because it does not
require that the member of the military alone be in articulo mortis. Such marriage is allowed even if a
civilian is the one under articulo mortis.
But if A, after having been shot was brought to a hospital outside of the military operation, the marriage
would be void since the law requires that the marriage must be made during military operation and within
the area of military operation.

CONSUL GENERALS, CONSULS, OR VICE CONSULS

Requisites:
1. The marriage must be only between Filipino Citizens;
2. Said official has the only authority to solemnize marriage abroad;
3. He acts not only as the solemnizing officer; he must also perform the duties of the Local Civil Registrar in
the issuance of marriage license

MUNICIPAL OR CITY MAYORS

The term ―mayor‖ includes a vice-mayor who is the ―acting mayor‖ or who is merely acting as a mayor
NB: A mayor who had solemnized a marriage outside of his territorial jurisdiction will not affect the validity
of the marriage. This is a mere irregularity in the exercise of his authority to solemnize marriages. The Local
government Code simply states that mayors are authorized to solemnize marriages without limiting the
exercise of such authority to their territorial jurisdiction.

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- Valid Marriage License:

A marriage license is required in order to notify the public that two persons are about to be united in
matrimony and that anyone who is aware or has knowledge of any impediment to the union of the two shall
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make it known to the local civil registrar.
The issuance of marriage license is the State’s demonstration of its involvement and participation in every
marriage. However, there are exceptions, to wit:
1.) Article 27: In case either or both of the contracting parties are at the point of death, the marriage may be
solemnized without necessity of a marriage license and shall remain valid even if the ailing party
subsequently survives.
2.) Article 28: If the residence of either party is so located that there is no means of transportation to enable
such party to appear personally before the local civil registrar, the marriage may be solemnized without the
necessity of a marriage license.
3.) Article 33: Marriages among Muslims or among members of the ethnic cultural communities may be
performed validly without necessity of a marriage license, provided they are solemnized in accordance with
their customs, rites or practices.
4.) Article 34: No license shall be necessary for the marriage of a man and a woman who have lived together
as husband and wife for at least five years and without any legal impediment to marry each other. The
contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to
administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of
the contracting parties and found no legal impediment to the marriage.

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- Marriage Ceremony:
Solemnization of marriage comprehends a personal appearance together by the contracting parties before one
authorized by law to solemnize marriages, and that the ceremony be entered into and performed by the
parties together with a person authorized to perform such in the presence of at least two witnesses

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 - Common-Law Marriage:
Marriage without formal solemnization or without formalities, which is not recognized in the Philippines.
Sometimes called consensual marriage or marriage in fact.
It is an agreement between a man and a woman who are legally competent to contract a marriage, that they
take each other as husband and wife, and such a marriage differed from a ceremonial marriage only in the
respect that the agreement does not have to be in the presence of witnesses or pronounced by an official
having legal authority to perform marriage ceremonies.

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- Marriage By Proxy:
The personal appearance of the bride and the groom at the marriage ceremony is essential to a valid
marriage, hence, a marriage by proxy in the Philippines is not recognized as valid. Article 6 of the Family
code requires the contracting party 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.”

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- Witnesses:
There must be at least 2 witnesses of legal age. This requirement is not mandatory but merely directory so
that a failure to comply therewith does not invalidate the marriage.

IV Absence, Defect Or Irregularity Effect

The absence of any of the essential or formal
As to General
requisites shall render the marriage void ab
initio, except as stated in Article 35 (2). Absence of any of the essential Marriage is void ab initio
requisites
A defect in any of the essential requisites shall
render the marriage voidable as provided in Absence of any of the formal requisites Marriage is void ab initio
Article 45.
XPN: even if the solemnizing officer has no authority,
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An irregularity in the formal requisites shall not the marriage is valid if either or both parties believed in
affect the validity of the marriage but the party
or parties responsible for the irregularity shall good faith that the solemnizing officer had the legal
be civilly, criminally and administratively
liable. authority to do so
Defect in consent Marriage is voidable
Irregularity in any of the formal Does not affect the affect the validity of the marriage
requisites but the party or parties responsible for the irregularity
shall be civilly, criminally and administratively liable.
As to Age
If any of the parties is below 18 years Void ab initio
of age
As to Consent
Through mistake of one contracting The marriage is void because there is no real consent
party with respect to the actual physical
identity of the other
If consent was given by a party who is Voidable
a least 18 but below 21 but without
parental consent, such consent is
defective
If consent was given by a party who has Voidable
unsound mind at the time of the
celebration, the same is defective
If the consent was given but vitiated by Voidable
fraud, force, intimidation or undue
influence
As to Sex
Marriage of same-sex Void ab initio
As to Impediment
Presence of any of the impediments Void ab initio
mentioned in arts 37 & 38
As to Marriage License
If a marriage celebrated without a Void ab initio

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 marriage license
If the marriage license was spurious or Void ab initio
fake
If there is mere irregularity in the The Validity of a marriage shall not be affected
issuance of Marriage License

NB. In Republic v Albios, Marriages entered into for other purposes, limited or otherwise, such as
convenience, companionship, money, status, and title, provided that they comply with all legal requisites, are
equally valid.

V
Any male of female of the age of eighteen years
or upwards not under any of the impediments -Invalidity of 16 years of age:
mentioned in Articles 37 and 38, may contract
marriage. Extreme youth may not lend stability of the marriage and the family

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- Reason for Gender requirement:

Two males or two females cannot reproduce. It must be remembered that Article 1 of the Family Code that
marriage is ―for the establishment of conjugal and family life. When the law speaks of conjugal and family
life, it refers to reproduction of children as one of the purposes of marriage.
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VI
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 the said party, which fact
shall be attested by the solemnizing officer.
- Requisites for Marriage ceremony to exist:
Requisites: Consequences:
Personal appearance A marriage celebrated through video conference where either both parties do not
before a solemnizing appear personally before the solemnizing officer is not valid if Celebrated in the
officer Philippines. If celebrated abroad, however, and valid there as such, it shall likewise
be considered valid in the Philippines
Personal Declaration A marriage by proxy, if celebrated in the Philippines, is not valid. However, if
by the contracting celebrated abroad and valid there as such, it shall be likewise be considered valid in
parties that they are the Philippines
taking each other as The failure of the solemnizing officer to ask the parties whether they take each
husband and wife other as husband and wife cannot be regarded as a fatal omission if the parties
nonetheless signed the marriage contract in the presence of the solemnizing officer.
A declaration by word of mouth of what the parties had already stated in writing
would be a mere repetition, so that its omission should not be regarded as a fatal
defect
Such personal Hence, there is no marriage ceremony if what transpired was a mere private act of
declaration by the signing a marriage contract by the contracting parties, without the presence of
parties must be done solemnizing officer.
in the presence of What is mandatory is that the consent of the parties be given before a solemnizing
the solemnizing officer. The requirement that the same be given in the presence of at least 2
officer witnesses of legal age is merely directory.
The law sets the minimum requirements constituting a marriage ceremony (1)
personally appear before the solemnizing officer and (2) declare that they take
each other as husband and wife in the presence of not less than 2 witnesses of legal
age.
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VII (see page 8) nabannog nakon bes! SEE DISCUSSIONS UNDER pages 8 – 12

VIII
The marriage shall be solemnized publicly in
the chambers of the judges or in open court, - Venue Or Place Of Marriage:
in the church, chapel or temple, or in the
office of the consul-general, consul or vice- 1. Chambers of the judges or in the sala in open court;
consul, as the case may be, and not elsewhere,
except in cases of marriage contracted at the 2. Church, chapel or temple;
point of death or in remote places in 3. Office of consul-general, consul or vice-consul.
accordance with Article 29 of this Code, or
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 to that effect.
- Exceptions: [HAR]
1. Marriage at a house or place designated by the parties in a sworn statement to that effect, with the written
request of both parties to the solemnizing officer;
2. Marriage is in articulo mortis;
3. Marriage is in remote places.
NB: This provision is only directory and the requirement that the marriage be solemnized in a particular or a
public place is not an essential requisite. Non-compliance therewith will not affect the validity of the
marriage since this is a mere irregularity.

IX
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

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X
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.
XI
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;
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.
- Rules with respect to issuance of Marriage License and effects of non-compliance:
Subject Matter Rule
Place of issuance If local, in the local civil
registrar of the city or
municipality where either
contracting party habitually
resides.
If abroad, in the office of the
consular official.
Period of A marriage license is valid only
effectivity for a period of 120 days from
the date of issue and is deemed
automatically cancelled at the
expiration of said period
Requirement of If any party below 21, parental
Parental consent must consent must be exhibited
to the local civil registrar
Requirement of If any party is between 21 and
parental advice 25, parental advice is required
Requirement of The certificate of marriage
certificate of counselling is required if any
Effect of non-compliance
If obtained elsewhere, the marriage is still valid
because this a mere irregularity in the formal
requisite which does not affect the validity of the
marriage. A marriage license shall be valid in any
part of the Philippines.
In case of non-compliance, the marriage is still
valid in the Philippines if the same is valid in the
lace where the marriage was solemnized.
A marriage celebrated after the expiry date of the
license is void
If the license is issued notwithstanding the absence
of parental consent, the marriage becomes
voidable because of lack of parental consent, not
because of the irregularity in the issuance of the
license
If parental advice is not obtained, or if the same is
unfavorable, the marriage license shall be issued
only after 3 months following the completion of
the publication of the application. If issued earlier,
the marriage is sill valid because this is a mere
irregularity in a formal requisite
In the absence of such certification, the issuance of
the license shall be suspended for 3 months from
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XII
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 required 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.
counselling
Publication of The application for the issuance
application for of the marriage license be
issuance of license published for 10 consecutive
days and the license shall be
issued only after the completion
of the period of publication
Requirement of If either both parties are citizens He absence of a certificate of legal capacity is
certificate of legal of a foreign country, a
capacity to certificate of legal capacity to
contract contract marriage must be
submitted
Requirement of No marriage license shall be
Certificate of issued by the Local Civil
Compliance in Registrar unless the applicants
attending Family present a Certificate of
Planning Seminar Compliance issued for free by
the local family Planning Office
certifying that they had duly
received adequate instructions
and information on responsible
application. If the license is issued without
observing the 3 months suspension period, the
marriage is still valid because there is this is mere
irregularity of formal requisite
If the license is issued prior to the completion of
the period of publication, the marriage is still valid
because this is a mere irregularity in a formal
requisite
merely an irregularity in complying with the
formal requirement of procuring a marriage
license which will not affect the validity of
marriage
The absence of such certificate is merely an
irregularity in complying with the formal
requirement of procuring a marriage license
which will not affect the validity of marriage

The presentation of birth or baptismal

parenthood, family planning,
certificate shall not be required if the parents breastfeeding and infant
of the contracting parties appear personally
before the local civil registrar concerned and nutrition
swear to the correctness of the lawful age of
said parties, as stated in the application, or
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 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 -Where to apply for Issuance of Marriage License:
Application must be filed in the local civil registrar of the city or municipality where either contracting party
XIII habitually resides, although the license obtained elsewhere shall not affect the validity of the marriage.
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 What must be Specified in the Application:
preceding article, the death certificate of the
deceased spouse or the judicial decree of the 1.) Full name of the Contracting party
absolute divorce, or the judicial decree of
2.) place of birth
annulment or declaration of nullity of his or
her previous marriage. In case the death 3.) age and date of birth
certificate cannot be secured, the party shall
make an affidavit setting forth this 4.) civil status
circumstance and his or her actual civil status
and the name and date of death of the 5.) if previously married, how, when and where, the previous marriage dissolved or annulled
deceased spouse.
6.) present residence and citizenship
7.) degree of relationship of the contracting parties
XIV 8.) full name, residence and citizenship of the father
In case either or both of the contracting
parties, not having been emancipated by a 9.) full name, residence and citizenship of mother
previous marriage, are between the ages of
eighteen and twenty-one, they shall, in 10.) full name, residence and citizenship of the guardian or person having charge, in case the contracting
addition to the requirements of the preceding
articles, exhibit to the local civil registrar, the party has neither father nor mother and is under the age of 21 years
consent to their marriage of their father,
mother, surviving parent or guardian, or
persons having legal charge of them, in the Documents accompanying the application:
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 1.) Birth Certificate or Baptismal Certificate:
affidavit made in the presence of two
witnesses and attested before any official Basahin mo nalang ang Article 12 of the FC bes!
authorized by law to administer oaths. The
personal manifestation shall be recorded in
both applications for marriage license, and 2.) Death Certificate of spouse, divorce decree, etc.:
the affidavit, if one is executed instead, shall
be attached to said applications. Basahin mo nalang din ang Article 13 of the FC bes!

XV 20 | P a g e
3.) Parental consent or advice:
XXII
The marriage
MARRIAGEcertificate,LICENSE
in which the parties MARRIAGE CERTIFICATE/CONTRACT
- Marriage contract:
shall declare that they take each other as
husband and wife, shall also state:
As to necessity
Formal Marriage certificate
Notisessential
the best for
documentary
the validityevidence of a marriage.
1. The full name,requisite;
sex and age of each of marriage;
contracting party; As tofact
The mere effect
thatofnoabsence
record of the marriage exist in the registry of marriage does not invalidate said
2. TheirMarriage
citizenship,
isreligion
void aband habitual
initio, except in cases provided Best evidence to prove the existence (not validity) of
residence; marriage, as long as in the celebration thereof, all requisites for its validity are present.
under
3. The date andArts. 27-34;
precise time of the celebration marriage;
of the marriage; As to issuing authority
4. That Local
the proper
civilmarriage
registrarlicense
(Art. has
19, been
FC); - Contents: (Article 22)
Solemnizing officer (Art. 23, FC);
issued according to law, except in marriage
provided for in Chapter 2 of this Title; Asfull
1. The to time
name, issued
sex and age of each contracting party;
5. That Before
either orthe marriage.
both of the contracting After the marriage.
parties have secured the parental consent in 2. Their citizenship, religion and habitual residence;
appropriate cases;
6. That either or both of the contracting 3. The date and precise time of the celebration of the marriage;
parties have complied with the legal
requirements regarding parental advice in
4. That the proper marriage license has been issued according to law, except in marriage provided for in
appropriate cases; and Chapter 2 of this Title;
7. That the parties have entered into marriage
settlement, if any, attaching a copy thereof. 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 requirements regarding
XXIII
parental advice in appropriate cases; and
The marriage certificate, in which the parties
shall declare that they take each other as 7. That the parties have entered into marriage settlement, if any, attaching a copy thereof.
husband and wife, shall also state:
1. The full name, sex and age of each
contracting party; - Distribution of Copies
2. Their citizenship, religion and habitual
residence; 1. Original Copy – either of the contracting parties;
3. The date and precise time of the celebration
2. Duplicate – LCR of the place where marriage was solemnized;
of the marriage;
4. That the proper marriage license has been 3. Triplicate - LCR of the place where marriage was solemnized;
issued according to law, except in marriage
provided for in Chapter 2 of this Title;
4. Quadruplicate – solemnizing officer, with the marriage license and affidavit in relation to Art. 8, FC.
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
requirements 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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 Articles Discussions
XXIV
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.

XXV
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.

XXVI
All marriage solemnized outside the -General Rule: (Lex loci celebrationis)
Philippines, in accordance with the laws in
force in the country where they were For marriages involving Filipino Citizens celebrated abroad, the rule is that such marriages are considered
solemnized, and valid there as such, shall
also be valid in this country, except those valid in the Philippines if they are valid in the place where they were celebrated. Hence, the following
prohibited under Arts. 35(1), (4). (5) and (6),
36, 37 and 38. marriages are valid:

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 likewise
have capacity to remarry under Philippine
law (As amended by EO 227).
1.) Marriages without a marriage license if such is not required in the place of celebration. However, if the
marriage is celebrated before the Philippine consular officials pursuant to Art 10 of the FC, a marriage
license is still necessary
2.) Marriages celebrated by a person who is authorized to solemnize marriages in the place of celebration
even if he or she is not deemed authorized to solemnize marriages under Philippine laws
3.) Marriages by Proxy, if valid in the place of celebration
4.) Marriages through video conferencing, if valid in the place of celebration.

- Exceptions:

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Articles Discussions
The following marriages are void even if they are celebrated abroad and considered valid in the place of their
celebration:
1.) If a party is below 18 and he or she is a Filipino Citizen
2.) If the marriage is bigamous or polygamous
3.) If the marriage s contracted through mistake of one contracting party as to the identity of the other
4.) If one of the parties in a subsequent marriage is already a party to a prior marriage which has been
annulled or judicially declared void but fails to comply with the requirements of Article 52 of the FC
5.) If one of the parties to such marriage, at the time of its celebration, is psychologically incapacitated to
comply with the essential marital obligations
6.) If the marriage is incestuous
7.) If the marriage is void by reason of public policy as enumerated in Art 38
8.) Same-sex marriage is likewise not recognized as valid in the Philippines. It is not even a marriage under
Philippine laws which define marriage as a special contract of permanent union between a man and a woman
only.

_________________________________________

- When divorce Considered Valid

Three important legal premises on divorce:
1.) a divorced obtained by an alien married to a Philippine national may be recognized in the Philippines,
provided the decree of divorce is valid according to the national law of the foreigner
2.) the reckoning point is not the citizenship of the divorcing parties at birth or at that time of the marriage,
but their citizenship at that time a valid divorce is obtained abroad
3.) an absolute divorce secured by a Filipino married to another Filipino is contrary to our concept of public
policy and morality and shall not be recognized in this jurisdiction

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 Articles Discussions
- Rules as to Divorce Between Filipinos
Philippine law does not provide for absolute divorce; hence, our courts cannot grant it. A marriage between
two Filipinos cannot be dissolved even by a divorce obtained abroad, because of Articles 15 Laws relating to
family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of
the Philippines, even though living abroad and 17 The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in which they are executed. When the acts
referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a
foreign country, the solemnities established by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public
order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated,
or by determinations or conventions agreed upon in a foreign country of the CC. Such divorce between
Filipinos is void and ineffectual because it is contrary to our public policy and morality.
Exception:
In a mixed marriage involving a Filipino citizen and a foreigner, the Family Code allows the former to
remarry is the case the divorce is validly obtained abroad by the alien spouse capacitating him or her to
remarry

NB: Art. 26 (2) refers to a special situation wherein one of the married couple is a foreigner who divorces his
or her Filipino spouse. By its plain and literal interpretation, the said provision cannot be applied to the case
when at the time, the spouse obtained her divorce, she was still a Filipino citizen. Thus, pursuant to the
nationality principle (Art. 15, FC), she was still bound by Philippine laws on family rights and legal capacity,
even when she was already living abroad. Philippine laws, then and even until now, do not allow and
recognize divorce between Filipino spouses.

XXVII
In case either or both of the contracting
parties are at the point of death, the marriage Rationale Of The Exception On Cohabitation:
may be solemnized without necessity of a
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 Articles Discussions
marriage license and shall remain valid even To avoid exposing the parties to humiliation, shame and embarrassment concomitant with the scandalous
if the ailing party subsequently survives.
cohabitation of persons outside a valid marriage due to the publication of every applicant’s name for a
XXVIII marriage license. The publicity attending the marriage license may discourage such persons from
If the residence of either party is so located
that there is no means of transportation to
legitimizing their status.
enable such party to appear personally before
the local civil registrar, the marriage may be
solemnized without the necessity of a -Marriages which are exempt from License Requirement:
marriage license.
Nature of Marriages Requisites or Reminders
Marriages in Articulo Mortis Marriage remains valid even if the ailing party subsequently survives.
XXIX
In the cases provided for in the two preceding NB: In lieu of the license, the solemnizing officer must execute an
articles, the solemnizing officer shall state in
an affidavit executed before the local civil affidavit stating that (1.) he performed the marriage in articulo mortis
registrar or any other person legally
authorized to administer oaths that the and (2.) he took steps to ascertain the ages, relationship and absence of
marriage was performed in articulo mortis or legal impediments of the parties.
that the residence of either party, specifying
the barrio or barangay, is so located that there NB: the absence of such affidavit is a mere irregularity which will not
is no means of transportation to enable such
party to appear personally before the local affect the validity of marriage
civil registrar, and that the officer took the Marriages in a remote place The residence of either party is so located that there is o means of
necessary steps to ascertain the ages and
relationship of the contracting parties and the transportation to enable such party to appear personally before the local
absence of a legal impediment to the
marriage. civil registrar
NB: In lieu of the license, the solemnizer must execute an affidavit
XXX stating that, (1.) the residence of either party is so located that there is no
The original of the affidavit required in the
last preceding article, together with a legible means of transportation to enable such party to appear personally before
copy of the marriage contract, shall be sent by
the person solemnizing the marriage to the the local civil registrar and (2.) he took steps to ascertain the ages,
local civil registrar of the municipality where
it was performed within the period of thirty relationship and absence of legal impediments of the parties.
days after the performance of the marriage.
NB: the absence of such affidavit is a mere irregularity which will not
affect the validity of marriage
XXXI
A marriage in articulo mortis between
Marriages among Muslims and 1.) Marriages must be among Muslims or among the members of
passengers or crew members may also be ethnical cultural communities ethnical cultural communities
solemnized by a ship captain or by an
airplane pilot not only while the ship is at sea 2.) Marriages must be solemnized in accordance with their customs,
25 | P a g e
 Articles
or the plane is in flight, but also during
stopovers at ports of call.
XXXII
A military commander of a unit, who is a
commissioned officer, shall likewise have
authority to solemnize marriages in articulo
mortis between persons within the zone of
military operation, whether members of the
armed forces or civilians.
XXXIII
Marriages among Muslims or among
members of the ethnic cultural communities
may be performed validly without necessity of
a marriage license, provided they are
solemnized in accordance with their customs,
rites or practices.
XXXIV
No license shall be necessary for the marriage
of a man and a woman who have lived
together as husband and wife for at least five
years and without any legal impediment to
marry each other. The contracting parties
shall state the foregoing facts in an affidavit
before any person authorized by law to
administer oaths. The solemnizing officer
shall also state under oath that he ascertained
the qualifications of the contracting parties
and found no legal impediment to the
marriage.
Legal Ratification of Marital
Cohabitation
Discussions
rights or practices
NB: In case marriages between a Muslim and a non- Muslim, Article
13(2) of the Code of Muslim personal laws, or PD No. 1083, provides
that the Family Code of the Philippines shall apply in case such marriage
is solemnized not in accordance with Muslim Laws. Since the Family
Code applies in the situation, the marriage is not exempt from the
requirement of a marriage license
1.) the man and woman must have been living together as husband and
wife for at least five years before the marriage
2.) the parties must have no legal impediments to marry each other
3.) the fact of absence of legal impediment between the parties must be
present at the time of marriage
4.) the parties must execute an affidavit stating that they have lived
together for at least five years
5.) the Solemnizing officer must execute a sworn statement that he has
ascertained the qualifications of the parties and that he had found no leal
impediment to their marriage
NB: The 5-year period should be computed on the basis of a cohabitation
as ―husband and wife where the only missing factor is the special
contract of marriage to validate the union. In other words, the 5-year
common-law cohabitation period, which is counted back from the date of
celebration of marriage, should be a period of legal union had it not been
for the absence of the marriage.
NB: This 5-year period should be the years immediately before the day
of the marriage and it should be a period of cohabitation characterized
by: (1.) Exclusivity – no legal impediment was present at any time within
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Articles Discussions
the 5 years; and (2.) Continuity – unbroken
NB: Falsity Of An Affidavit Of Cohabitation
Where the parties have in truth fallen short of the minimum five-year
requirement, effectively renders the marriage void ab initio for lack of a
marriage license

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