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1. CHAPTER 3
REQUISITES
OF MARRIAGE

2. Requisites of Marriage
•Essential Requisites
•Legal Capacity
•Consent
•Formal Requisites
•Authority of the Solemnizing Officer
•Valid Marriage License
•Marriage Ceremony

3. Essential Requisites of
Marriage
•ARTICLE 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.

4. 1. On Legal Capacity:
•Each party must be at least 18
years old.
•The parties must be a man and
a woman.
•There must be no legal
impediment like family relations
or a subsisting prior marriage.

5. 1. On Legal Capacity:
•If the parties are closely
related (ex: ascendants and
descendants, or siblings), the
marriage is void for being
incestuous.
•If one or both parties are
already married, the marriage
is void for being bigamous.

6. 2. On Consent:
•The consent must be freely
given and not obtained through
duress or fraud.
•If the consent is vitiated, the
marriage is voidable.
•If there is a mistake by one party
as to the identity of the other, the
marriage is void.

7. not
obtained
through
duress or
fraud
“napugsan
o
gilimbongan

8. Formal Requisites of
Marriage
•ARTICLE 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

9. Formal Requisites of
Marriage
3. A marriage ceremony which
takes place with the
appearance of the contracting
parties before the solemnizing
officer and their personal
declaration that they take
each other as husband and

10. wife in the
presence of
not less
than two
witnesses
of legal
age.

11. 1. On Authority of the
Solemnizing Officer:
•ARTICLE 7. The following
persons may solemnize a
marriage:
1. Any incumbent member of
the judiciary within the court's
jurisdiction.

12. 1. On Authority of the
Solemnizing Officer:
•Appellate court justices may
solemnize marriage anywhere
in the Philippines
•Trial court judges may
solemnize marriage only within
their respective jurisdiction

13. 1. On Authority of the
Solemnizing Officer:
2. Any priest, rabbi, imam or
minister of any church or
religious sect, provided that:
•The priest, etc. is duly authorized
by his church or religious sect
and acts within the limits of such
written authority;

14. •The priest, etc. is
registered with the
civil registrar
general; and
•At least one of the
contracting parties
belongs to the
solemnizing
officer’s church
sect.

15. 1. On Authority of the
Solemnizing Officer:
3. Any ship captain or airplane
chief, provided that:
•The marriage is in articulo
mortis;
•The marriage is between
passengers or crew members;
and

16. •The marriage
is performed
while the ship
is at sea or the
plane is in
flight, or during
stopovers at
ports of call.

17. 1. On Authority of the
Solemnizing Officer:
4. Any military commander of
a unit, provided that:
•The marriage is in articulo
mortis;
•The marriage is performed
during a military operation;

18. The marriage is
between
persons within
the zone of
military
operation,
whether
members of the
armed forces or
civilians;

19. 1. On Authority of the
Solemnizing Officer:
•The military commander is a
commissioned officer; and
•The chaplain assigned to the
military is absent.

20. 1. On Authority of the
Solemnizing Officer:
5. Any consul-general, consul or
vice-consul of the Philippines,
in marriages between Filipino
citizens abroad.
6. The Municipal or City Mayor
or, in case of temporary
vacancy, the Vice-Mayor.

21. 1. Incumbent member of the
Judiciary
2. Priest, Rabbi, Imam or
Minister
3. Ship Captain or Airplane Chief
4. Military Captain
5. Consul-General, Consul or
Vice-Consul
6. Mayor or Vice-Mayor

22. Note!
•Marriages solemnized by
persons without authority are
void, unless the parties were
in good faith, believing that
the solemnizing officers had
authority.

23. Note!
•If the solemnizing officer
acted outside of his
jurisdiction, the marriage is
not void. It is a mere
irregularity which renders the
solemnizing officer
administratively liable.

24. On the marriage ceremony:
•No prescribed form or religious
rite of the solemnization of the
marriage is required.
•Requirements:
•The parties must appear
personally before the
solemnizing officer

25. On the marriage ceremony:
•The parties must declare that
they take each other as
husband and wife; and
•The declaration must be in the
presence of at least 2
witnesses.

26. Where shall the judge
solemnize the marriage?
•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 mayor.
•When the marriage may be
solemnized in a different venue

27. Where shall the judge
solemnize the marriage?
•Marriage on the point of death or in
articulo mortis;
•Marriage in remote places where
there is no means of transportation;
•Upon request in writing of the
parties.

28. Marriage in
remote places
where there is
no means of
transportation

33. • Upon
request
in writing
of the
parties.

34. Marriage License
•It is issued by the local civil
registrar of the city or
municipality whether either
contracting party habitually
resides, upon application
separately filed by the
parties.

35. Marriage License
•The local civil registrar shall
verify the legal capacity of the
parties by requiring their birth
certificates and, if applicable,
proof that a previous marriage
has been terminated by death
or by a judicial decree.

36. Marriage License
•In case of a foreigner
application he/she must submit
a certificate of legal capacity
from his/her consular office.

37. Parental Consent or Advice
•Parental consent is required
if the contracting party is
between 18 and 21 years old.
Without the parental consent,
the marriage license will not
be issued.

38. Parental Consent or Advice
•Parental advice is required if the
contracting party is between 21
and 25 years old. If there is no such
advice, the marriage license will
not be issued until after 3 months
following the publication of the
application for marriage license by
posting for 10 consecutive days.

39. Marriage Counselling
•Required when parental consent
or parental advice is required.
•Marriage counselling shall be
conducted by the priest, imam or
minister authorized to solemnized
marriage, or a government-
accredited marriage counsellor.

40. Marriage Counselling
•If no certificate of marriage
counselling is submitted, the
marriage license will not be
issued until after three
months following the
publication of the application
for marriage license.

41. Validity
•Valid for 120 days from the
date of issuance
•Valid to be used anywhere in
the Philippines
•Upon expiration of the 120-day
period, the marriage license is
legally inexistent or void.

42. Exemption from the Marriage
License Requirement:
•In case either or both of the
contracting parties are at the point
of death,
•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,

43. Exemption from the Marriage
License Requirement:
•Marriages among Muslims or
among members of the ethnic
cultural communities, and
•In case the man and the woman
have lived together as husband and
wife for at least five years and
without any legal impediment to
marry each other.

44. CASES ON THE
MARRIAGE LICENSE
REQUIREMENT

45. Mixed Marriages
•A mixed marriage is a
marriage between a Filipino
citizen and a foreigner,
whether celebrated here or
abroad.
•Extrinsic validity is governed
by lex loci celebrationis. If it

46. Mixed Marriages
is valid in the place where it
was celebrated, it is valid here
in the Philippines.
•Extrinsic validity – refers to the
formalities of formal requisites,
such as authority of the
solemnizing officer, marriage
license, and marriage ceremony.

47. Mixed Marriages
•Intrinsic validity governed by
the national law of the
parties.
•Intrinsic validity – goes into
essential requisites of
marriage, such as legal
capacity and consent. Thus :

48. •If the Filipino spouse was a
minor at the time of the
marriage, the marriage is void
even if at the place of
celebration of the marriage, a
minor may marry. Philippine
law on status and capacity
applies to Filipino and follow
them wherever they may be.

49. Case Digest
•Republic vs Manalo, April 24, 2018.
•A Filipino citizen has the capacity
to remarry under Philippine law
after initiating a divorce proceeding
abroad and obtaining a favorable
judgment against his or her alien
spouse who is capacitated to
remarry.

50. Case Digest
•In this case, the Filipina spouse,
who was married to a Japanese
national in the Philippines,
obtained a divorce in Japan
and, after that, filed a petition
in the Philippines to have her
marriage certificate cancelled.

51. Divorced Obtained Abroad
•ARTICLE 26. Where a marriage
between a Filipino citizen and a
foreigner is validly celebrated and a
divorce is thereafter validly
obtained abroad by the alien spouse
capacitating him or her to remarry,
the Filipino spouse shall likewise
have capacity to remarry under
Philippine law.

52. •The former interpretation is
that it should be the foreigner
spouse who had obtained the
divorce. If it was the Filipino
spouse who secured the
divorce, Article 26 is not
applicable and the divorce
obtained by the Filipino
spouse will not capacitate
him/her to remarry.