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 subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.(Article 1, Executive Order No. 209 or the Family Code of the Philippines)
1. Requisites of marriage
a. Essential requisites
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. (Article 2, Ibid.)
ABSENCE; GENERAL RULE: The absence of any of the essential or formal requisites shall render the marriage void ab initio (Paragraph 1, Article 4, Ibid.).
SAME; EXCEPTION: Marriages are void ab initio for those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so. (Article 35, Ibid.).
DEFECT: A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45 (Paragraph 2, Article 4, Ibid.).
b. Formal requisites
The formal requisit...
Already a subscriber? Log in below. Not yet a member? Subscribe.