 A man cannot validly enter marriage before the

completion of his sixteenth year of age, nor a

woman the completion of her fourteenth year.

 The Episcopal conference may establish a higher

age for the ;awful celebration of marriage.

 While canon law prescribed the minimum age

requirement as stated above it also respect the
culture and tradition of the place.
 Pastors of soul are to see to it that they dissuade young
people form entering marriage before the age customarily
accepted in the region.

any male or female of the age eighteen years or upward not

under any of the impediments may contract marriage.

This provision of the law is further annotated by R.A. 6809 which

says: contracting marriage shall require parental consent until
the age of twenty-one.
  An impediment to marriage is a
circumstances that, by disposition of the
law disqualifies two person for valid and
lawful marriage. In the following
discussions we shall present the
impediments as stated in Canon Law
and in Civil Law.
  Antecedent and perpetual impotence, to have
sexual intercourse whether on the part of the
man or that of the woman. Whether absolute or
relative by its very nature invalidates marriage.

 If the impediments of impotence is doubtful,

whether the doubt be one of law one of fact,
the marriage is not to be prevented, while the
doubt persists, nor it is to be declared null.

CANON 1098 states:

A person contracts invalidity who enters marriage blinded by deciet

perpetrated in order to secure consent, concerning some quality of the
other party, which of its very nature can seriously disrupt the partnership of
conjugal life.
 A person bound by the bond of a
previous marriage, even if not
consummated, invalidly attempts
marriage.

 Even though the previous

marriage is valid or for any reason
dissolved, it is not thereby lawful to
contract another marriage before
the nullity or the dissolution of the
previous one has been established
and with certainty.
 A Marriage is invalid when one of the two
persons was baptized in the catholic
church or receives into it and has not by a
formal act defected from it, and the other
was not baptized.

 The catholic party is to declare that he or

she is prepared to remove dangers of
defecting from the faith and is to make
sincere promise to do all in his her power in
order that all the children be baptized and
brought up in the catholic church.
 Those who are in sacred orders invalidly attempts marriage.

 The church quite easily dispenses, less easily priests, and never
bishops.
 Those who are bond by a perpetual vow of chastity in a
religious institute invalidly attempts marriage.

 A marriage contracted under temporary public perpetual

vow of chastity in a religious institute invalidly attempt
marriage.

 A marriage contracted under temporary public vow is valid

but unlawful.
 No marriage can exist between a
man and a woman who has been
abducted or at least detained with
a view to contracting marriage with
her, unless the woman, after she has
been separated from her abductor
and established in a safe and free
place, chooses marriage of her own
accord.
 One who, with a view to entering marriage with a particular
person has killed that person’s spouse or his or her own
spouse, invalidly attempts marriage.

 They also invalidly attempts marriage with each other who,

by mutual physical or moral action brought about the death
or either spouse.
 Marriage is invalid between those related by consanguinity in all
degrees of the direct line, whether ascending or descending,
legitimate or mutual.

 In collateral line, it is invalid up to the fourth degree inclusive. The

impediment of consanguinity is not multiplied.

 A Marriage is never to be permitted if a doubt exist as to whether tge

parties are related by consanguinity in any degree of the direct line,
or in the second degree of the collateral line.

WHAT IS
CONSANGUiNITY?
 Is the bond that unites person of the
same blood. The stock is the person from
whom he related parties descends; and
the line is the series of person who come
from the same stock.

 Of the same blood: your 1st, 2nd, 3rth,

and up to the 4th cousin…
 In any degree of the direct line invalidates
marriage, affinity arises out of a valid marriage
even if not consummated, and exist between the
husband and those related to his wife and vice
versa.
  His deceased wife’s mother,
 His deceased wife’s grandmother
 His deceased wife’s daughter
 His deceased wife’s
granddaughter.

Collateral Line  His deceased wife’s sister or half

sister
 His deceased wife’s brother’s or
sister’s daughter.
 His deceased wife’s aunt
 His deceased wife’s uncle’s
daughter.
 The impediment or public propriety arises when a couple live
together after an invalid marriage, or from a notorious or public
concubinage.

 This forbids marriage between the man and the mother and
daughter of the woman with whom he contracted an invalid
marriage or with whom he lived in public or notorious concubinage;
likewise between the woman and the corresponding male relatives
of the man.

 Although a dispensation may be granted by the local Ordinary,

nevertheless even when the invalid marriage or public concubinage
ceases to exist, because of the death or mutual agreement, the
impediment continues.
 Those who are legally related by reason of
adoption cannot validly marry each other if
their relationship is in the direct line or in the
second degree if the collateral line.
 The impediment arising from sacred orders or from
a public perpetual vow of chastity in a religious
institute of pontifical right, the impediment of crime
mentioned in can. 1090

 The Impediments of consanguinity in the direct line

or in the second degree of the collateral line is
never given.
 CIVIL LAW: The Catholic Church in the
Philippines respects the provision of the civil
law, regarding the legality of marriage.
These provisions are:
 The following marriage shall be avoid from the beginning..

 Those contracted by any party below eighteen years of age

even with the consent of parents or guardian.

 Those contracted through mistakes of one contracting party

as to the identity of the other.
 A marriage contracted by any party who,
at the time of the celebration , was
psychological incapacitated to comply
with the essential marital obligation of
marriage, shall likewise be void even if such
incapacity becomes manifest only ater its
solemnization.
 Marriage between the following are incestous and
void the beginning whether the relationship
between the parties legitimate or illegitimate.

 1. Between ascendants and descendants of any

degree.

 2. Between brothers and sisters, whether of the full

or half blood.
1. Between collateral blood relatives whether legitimate or illegitimate,
up to the fourth civil degree.
2. Between stepparents and stepchildren
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, child and the
adopter
7. Between an adopted child and the legitimate child of the adopter
8. Between adopted children of the same adopter
9. Between parties where one, with the intention to marry the other,
killed that other person’s spouse or his or her own spouse.
  A marriage may be annulled for any of the following causes
existing at the time of the marriage.

1. That the party in whose behalf it is sought to have the marriage annulled was
18 years of age or over but below 20 and the marriage was solemnized
without the consent of the parents, guardian or person having substitute
parental authority over the party, in that order, unless after attaining the age
of 21 such party freely cohabited with the other and both lived together as
husband and wife.
2. That either party was of unsound mind. Unless such party after coming to
reason, freely cohabited with the other as husband and wife.
3. That the consent of either party was obtained by fraud.
4. That the consent of either party was obtained by force, intimidation or undue
influence unless the same having disappeared or ceased.
5. The either party was physically incapable of consuming the marriage with
the other, and such incapacity continues and appears to be incurable.
6. The either party was afflicted with a sexual transmittable serious disease
found to be serious and appears to be incurable.
 In case of troubled marriage, the following which couple may resort
to:
 Ask the court to declare the married void from the beginning
 Ask the court to annual the marriage and
 File for legal separation
 Total absence of consent of any parties, of the authority
of the solemnizing officer of a marriage license and
marriage ceremony.
 A bigamous or incestuous marriage
 Marriage between first cousins
 Marriage the adoptor and the adopted
 Marriage between the parent In law and children in law
 between parties where one with the intention to marry
the other, killed the other person’s spouse, or his her own
spouse.
 Those contracted through the mistake of one
contracting party as to the identity of the other.
The effects of marriage which is declared to be void
from the beginning are the following:

 It is as if no marriage took place

 The man and woman can marry again
 The children are considered illegitimate.
 One of the parties is 18 and above but below 21 years f
age.
 insanity
 Fraud
 Vitiated consent
 Impotence
 One of the parties is afflicted with as incurable and
serious sexually transmittable disease.
 Repeated physical violence or grossly abusive conduct directed against
the petitioner a common child or a child of the petitioner.
 Physical violence or moral pressure to compel the petitioner
 Attempt of the respondent to corrupt or induce the petitioner to
change religion or political affiliations.
 Attempt of the respondent to corrupt or induce the petitioner a
common child a child of the petitioner to engage In prostitutions, or
connivance n such corruption or inducement.
 Final judgment sentencing the respondent to imprisonment for more
than six years
 Drug addiction
 Lesbianism or homosexuality
 Bigamous marriage
 sexual infidelity
 Attempts by the respondent against the life petitioner
 Abandonment of the petitioner by respondent without justification
cause or more than a year.