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Validation Provisions of Marriage/ Marriage Exempt from the

License requirement
VII. Validation Provision of Marriage; 

Except for marriages prohibited under Articles 35 (1) , (4) , (5) and (6), 37 and
38, marriages solemnized abroad and which are valid there as such are
recognized as valid here.

Lex loci celebrationsrule.



Matter of international comity; the legal effect which may be given by one
state to the marriage laws of another state is merely because of comity or one
because public policy and justice demands the recognition of such laws. 

Exceptions; marrying capacity is governed by the national law; bigamous and


polygamous marriages though valid abroad shall not be recognized abroad;
marriages abroad where there is mistake of identity of the other contracting
party; null and void marriage where there is failure to record the judicial
decree with the LCR, to partition and distribute their properties and to deliver
the presumptive legitimizes of their children, any subsequent marriage of
either of the spouses shall be void; marriage by a Filipino to a person who is
psychologically incapacitated to perform the essential marital obligations
abroad, even if valid in the foreign country where it has been solemnized,
shall not be considered valid here; marriages between ascendants and
descendants of any degree; marriages against public policy; same sex
marriages of Filipinos abroad; proof of foreign marriages; absolute divorces;
proving foreign divorces; void and voidable foreign marriages; 

Calimag v. Macapaz G.R. No. 191936, June 1, 2016; Balogbog v. CA, 269


SCRA 259; Avenido v. Avenido G.R. NO. 173540, January 22, 2014; Vda. De
Jacob vs. CA, 312 SCRA 772; Republic vs. CA, 236 SCRA 257; Silverio vs.
Republic, October 19, 2007; Republic vs. Cagandahan, September 12,
2008; Republic v. Albios G.R. No. 198780 , October 16, 2013; Bangayan v.
Bangayan G.R. No. 201061, July 3, 2013;  Sevilla v. Cardenas, July 31,
2006; Abbas v. Abbas G.R. No. 183896, January 30, 2013;  Mallion v.
Alcantara, October 31, 2006; Republic v. Dayot, March 28, 2008; Navarro vs.
Domagtoy, 259 SCRA 129; Beso vs. Daguman, 323 SCRA 566; Republic v.
Iyoy, September 21, 2005; Republic v. Orbecido, October 5, 2005; Corpuz vs.
Sto. Tomas, August 11, 2010; Borja-Manzano vs. Sanchez(Art. 34), March 8,
2001;  Republic vs. Manalo, GR No. 221029, April 24, 2018; 

 
VIII. Marriages Exempt from the License Requirement; 
 

Exemption from Marriage License; reason for exception mainly  anchored on


necessity and practicality; Far Areas; no means of transportation to appear
personally before the local civil registrar; Solemnizing Officers under Article 7
and the Mayor; Chief Pilot and Ship Captains; may solemnize marriage
in articulo mortis; Military Commander; Muslim and Ethnic Groups; 

Cohabitation for Five years; Republic vs. Dayot, G.R. No. 175581, March 28,
2008, 550 SCRA 435; Ninal vs. Badayog, G.R. No. 133778, March 14, 2000,
328 SCRA 122; Cosca vs. Palaypayon, 55 SCAD 759, De Castro vs. Assidao
De- Castro, GR No. 160172; February 13, 2008; 

Directory Requirements;

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