REQUISITES OF MARRIAGE Art 1 Definition 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 family and an inviolable social institution whose nature, consequences and incedents are governed by law and not subject to stipulations, except that marriage settlements may fix property relations during the marriage within the limits provided by this code. Marriage certificate, in absence thereof - evidence aliunde 1. Legal capacity of contracting parties who must be a male and a female 2. Consent freely given in the presence of the solemnizing officer 1. Authority of the solemnizing officer 2. A valid marriage license except in the cases provided for in the Chapter 2 of this title 3. A marriage ceremony which takes takes place with the appearance of the contracting parties before the solemnizing officer and the personal declaration that they will take each other as husband and wife in the presence of not less than 2 witnesses of legal age (53a, 55a) Any male or female of the age of 18 yrs or upwards not under any impediments mentioned in Art 37 and 38 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. Marriage distinguished from Ordinary Contract: 1. Marriage is entered into by only 2 persons,a man and a woman; ordinary contract maybe entered by two or more, 2.In marriage, law fixes the relation of parties,in ordinary contract agreement of the parties have the force of law between them, 3.Marriage is a contract of permanent union, can only be dissolve by death or annulment; ordinary contract may be terminated by mutual agreement, 4.In marriage, breach of obligation may result in penal or civil action; in ordinary contract, breach of obligation may give rise to an action for damages or recission

Best proof of marriage Art 2 Essential Requisites

Formal Requisites

Art 4.- Absence of any of the essential or formal requisites of marriage shall render the marriage void ab initio; -A defect in any of the essential requisites of marriage shall render the marriage voidable; - An irregularity in the formal requisites will not affect the validity of the marriage but the party or parties responsible for irregularities shall be civilly, criminally and administratively liable

Art 5 Who may contract marriage Art 6 Prescribed form of solemnization

- age 18 to below 21, parent consent is needed, otherwise, voidable. (art 14) - age 21 to below 25 - parent advise needed, if not given, marriage license will not be issued till after 3 mos (art 15)

Art 7 Who may solemnize marriage

1. Incumbent members of Judiciary

2. Priest, rabbi, imam or minister 3. Ship captain or airplane chief 4. Military commanders

Art 20 Validity of Marriage License

Marriages exempted from License Requirement

5. Consul-general, consul or vice-consul 6. Mayors 1. May be used anywhere in the Phils. 2. validity is 120 days from date of issue 3. deemed automatically cancelled after 120 days from date of issuance if not used 4. marriage with expired marriage license is void Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without the necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. Art. 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. Art. 29. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of a legal impediment to the marriage.

SC or COA justice - anywhere in the Phils. RTC judges/ MTC judges - within res[ective territorial jurisdiction Justices of Special Courts, CTA and Sandiganbayan- anywhere in the Phils. authorized by his church or religious sect, registered w/ civil registrar general -marriage in articulo mortis -marriage between passengers or crew members - in the absence of the chaplain - is commissioned officer (rank of 2nd lieutenant and above and not mere sergeant, - marriage in articulo mortis - marriages between Filipino Citizens abroad - within territorial jurisdiction

Marriages of Exceptional Character.-- It is one on w/c the law considers of such a nature as to dispense w/ the formal requirement of a marriage license. The marriages exempted from the requirement of a marriage license are: (1) marriages in articulo mortis or on the point of death, (2) marriages in isolated places, or where there are no available means of transportation, (3) marriages among Muslims or among members of ehtnic cultural communities, and (4) marriages of those who have lived together as husband and wife for at least 5 yrs.

Art. 30. The original of the affidavit required in the last preceding article, together with a legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of 30 days after the performance of the marriage. 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 place is in flight, but also during stopovers at ports of call. 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 operations, whether members of the armed forces or civilians. Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided that they are solemnized in accordance with their customs, rites or practices. Art. 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.