Theology 2

Unit 3: Lesson 3
Immediate Preparation for Marriage
1. Canonical Description of
Marriage
2. Tripod of Marriage
After a year of engagement, Tina and Allan decided to get married. The couples are
excited because, finally, they will be able to fulfill their dreams of building their
own family. They have already made plans regarding their residence, having
children, work, and the other nitty-gritty of family life. It was now time to prepare
for the actual wedding: First, they unanimously decided to get married at the
Santisimo Rosario Parish with their friend, Fr. Roger, to be the officiating priest.
They also asked their other friends, who are priests, to con-concelebrate. Second,
they spent a whole day brainstorming about their wedding entourage, careful
enough not to forget the important persons who have played a significant part in
their lives. Third, Tina was very meticulous in choosing the gown that she will
wear. She wants to look extra beautiful on this day while Allan was just content
with Manila's local barong maker. Fourth, they promised to plan the little but
essential details like the reception, the wedding invitations, the photographer and
videographer, and so forth and so on. Fifth, they have to make time to visit the
Municipal Hall to secure their marriage license and then go to UST to inquire
about their requirements to get married there. It has already been months since
they started their preparations, but the things they need to do are endless. They
think about how they want a simple wedding during quieter times because what is
more important than the wedding is the marriage that will follow.
What should be
the focus of
couples in their
wedding
preparations?
1. Definition of Marriage in the Family Code of the
Philippines (Article 52).

 A special contract of permanent union between a man and a

woman entered into in accordance with the law for the
establishment of conjugal and family life.
 It is the foundation of the family and an inviolable social
institution whose nature, consequences, and incidents are
governed by law and not subject to stipulations, (except that
marriage settlements may fix the property relations during
the marriage within the limits provided by this Code).
Highlights of the Definition of Marriage
(Art. 52 of the Old Civil Code of the Philippines)
 A special contract
 A permanent union
 A between a man and a woman
 A union entered in accordance with the law
 The purpose is the establishment of conjugal and
family life.
As to marriage purposes,
marriage may not
necessarily be for
procreation or for the
partners to have children.
Marriage may also be only
for companionship, as when
the parties who past the age
of procreation can still get
married. Hence, the word,
for the establishment of
conjugal and family life
were used in stating the
purpose of marriage.
a. ESSENTIAL REQUISITES OF MARRIAGE
1) Legal Capacity
Contracting parties must be:
 At least 18 years of age, male and female,
 Not under any impediment to marry.
2) Consent freely given by the contracting parties in the presence of the solemnizing officer.
 If the contracting parties are between the ages of 18 and 21,
they must present written consent to the marriage from their
father, mother or legal guardian (Art. 14).
 While any contracting party between the age of 21 and 25
must present written parental advice, i.e., a written
indication that the parents are aware of the couple's intent
to marry (Art. 15). Art. 2 (FCP, 1987).
 Impediments are mentioned in Art. 37 (incestuous
marriage) and Art. 38 (void marriages).
 The following are authorized to solemnize
marriage:
 Any incumbent member of the judiciary
within the court‘s jurisdiction;
 Any priest, rabbi, imam, or minister of
any church or religious sect duly
authorized by his church or religious sect
and registered with the office of the Civil
Registrar General;
 Any ship captain or airline chief only in
cases of articulo mortis;
 Any military commander of a unit in the
absence of a chaplain during military
operation cases involving in articulo
mortis;
 Any consul-general, consul or vice-
b. FORMAL REQUISITES consul in marriages solemnized abroad;
mayors of cities and municipalities under
1) Authority of the Solemnizing the new Local Government Code Art. 3
Officer (FCP, 1987).
  A marriage license shall be
issued by the local civil
registrar where either
contracting party resides.
 The application for the
marriage license shall be
posted for ten (10)
consecutive days outside
the office of the civil
registrar.
 A license shall be valid in
any part of the Philippines
for a period of 120 days
and shall be automatically
2) A Valid Marriage cancelled at the end of said
period.
License (Art. 9 of the Family Code)
 No valid marriage license,
no valid marriage.

Marriages exempted from marriage
license requirement:
 Marriages in articulo mortis
(Article 27);
 No means of transportation
(Article 28). Hence, 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 necessity of a marriage
license.
 Marriages among Muslims or
among members of the ethnic
cultural communities, provided
they are solemnized in
accordance with their customs,
rites or practices (Article 33).
 Couples living together for at
least five years and without any
legal impediment to marry each
other (Article 34).
  No particular form of the
ceremony is required, yet (1)
the appearance of the
3) Marriage Ceremony contracting parties before the
(2) solemnizing officer and
(3) their personal declaration
that they take each other as
husband and wife (4) in the
presence of not less than two
witnesses of legal age is
required.

 The marriage shall be

solemnized publicly in the
chambers of the judge or in
open court, in the church,
chapel or temple or in the
office of the consul-general,
consul or vice-consul, as the
case may be, and not
elsewhere.
Article 4 of the Family
Code of the Philippines
states that:

 The absence of any of

the essential and formal
requisites shall render the
marriage void ab initio
(void from the very start)
except as stated in Art. 35
(2).
 A defect in any of the
essential requisites shall
render the marriage
voidable as provided in
Art. 45.
Article 4 of the Family
Code of the Philippines
states that:

 An irregularity in the
formal requisites shall
not affect the validity of
the marriage but the
party or parties
responsible for the
irregularity shall be
civilly, criminally and
administratively liable.
2. CANONICAL DESCRIPTION OF
MARRIAGE

Marriage is an intimate community of life and love,

established by the Creator and endowed by Him with its
own proper laws. God, Himself, is the author of marriage.
The Catholic Church believes that marriage is:

 Characterized by unity (monogamy) and

indissolubility (permanence).
 Between one man and one woman, who promise to
be faithful to each other.
 A partnership for the good of the spouses, who are
open to the procreation and education of children.
 A partnership of life and love in which a man and a
woman mutually and freely accept each other and
bestow on each other the very gift of themselves.
 The Catholic Church, in its canon
law and theology, describes
marriage as a lifetime, exclusive
partnership between one man and
one woman, who give and receive
mutual help and love and, from
their union, bring forth and rear
children.

 Marriages are always presumed

valid until proven otherwise. If a
marriage involves two baptized
Christians, it is presumed not only
valid but also sacramental. If one
or both parties is unbaptized, the
marriage still is presumed to be
valid and a good and natural bond.