1. Concept Art. 9. 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. (58a) Marriage license – refers to “a legal document that is needed for…
1. Venue of marriage ceremony Article. 8. 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 the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point…
1. Solemnizing Officers Art. 7. Marriage may be solemnized by: (1) Any incumbent member of the judiciary within 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…
1. Concepts Articulo mortis – means at the point of death. Marriage declaration – refers to the parties categorically declaring that they take each other as husband and wife. Marriage certificate – refers to the documentary evidence establishing the marriage between the parties. 2. No required formalities or religious rites Art. 6. No prescribed form…
1. Concept Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a) Impediments – refer to obstacles, prohibitions, or limitations. 2. Legal age 18 years of age is the minimum legal age to marry. However,…
1. Concept Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be…
1. Concept Art. 3. The formal requisites of marriage are: (1) Authority of the solemnizing officer; (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal…
1. Concept Art. 2. No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer. (53a) Essential requisites – are absolute requirements for the validity of a marriage….
1. Concept Article 1. 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 incidents are governed by law and not…
1. Concept 1) Under the Family Code, Chapter 2 provides for exceptional marriages, i.e., marriages that do not need a license (See Ado-An-Morimoto v. Morimoto, G.R. No. 247576, 15 March 2021, Per Leonen, J.). On the other hand, under the Civil Code, it is known as marriages of exceptional character under the Civil Code (Diaz-Salgado…