Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

Title I - MARRIAGE

CHAPTER 1

Requisites of Marriage
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 subject to
stipulation, except that marriage settlements may fix the property
relations during the marriage within the limits provided by this
Code.

1. Two Aspects of Marriage:

● Marriage as a special contract:

○ Marriage is not an ordinary contract. It has characteristics of a
permanent legal bond that cannot be dissolved by mutual agreement,
unlike typical contracts.
● Marriage as a status or institution:
○ Once married, the relationship becomes a status governed by law. This
status cannot be unilaterally dissolved by the parties; the law governs
its continuation or dissolution (e.g., through annulment, not by mutual
agreement).

2. Marriage as a Status and Union:

● Union: It is the union of one man and one woman intended for the formation
of a domestic home life.
● Inviolable Social Institution: Marriage is regarded as a fundamental institution
under both the Family Code and the Constitution.
○ Constitutional Basis: Article XV, Sec. 2 of the 1987 Philippine
Constitution recognizes marriage as a protected social institution.

3. Principles of Marriage:

● Physical and Spiritual Union: Marriage involves both physical (sexual

relations) and emotional companionship.
● Monogamy: The law promotes the union of only one man and one woman,
advocating for monogamy as the ideal form of marriage.
● Reciprocity: The relationship is built on mutual respect, understanding, and
shared responsibilities between the spouses.
● Procreation and Family Life: One of the essential purposes of marriage is the
birth and upbringing of children.
○ Rearing and Education: Both parents share the responsibility of raising
and educating their children.

4. Marriage vs. Ordinary Contracts:

● Contract vs. Social Institution:

○ Marriage transcends the ordinary definition of a contract. Unlike typical
contracts that allow parties to define terms and terminate agreements,
marriage is both a social institution and a legal bond, with its nature
and effects determined by law.
● Age Requirements:
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

○ The legal age for marriage may differ from the age required to enter
ordinary contracts. In marriage, the age of the parties must be 18
years old. In ordinary contracts, a minor can enter into contract,
provided that it is with parental consent.
● Dissolution:
○ Ordinary contracts can be terminated through various means
(expiration, mutual agreement, etc.). Marriage, however, can only be
dissolved by death or legal annulment, under specific grounds defined
by law.

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.

The parties must possess legal capacity, which includes:

● Age - at least 18yrs

● Sex– between male and female
● Lack of legal impediment to marry - The parties must not be married to
anyone else, and certain relationships by blood (consanguinity) or by law
(affinity) are prohibited.

Consent Freely Given

● The consent must come from the contracting parties themselves, and it must
be given freely and without force, intimidation, or deception.
● Effect of Vitiated Consent: If the consent is affected by fraud, error, or force,
the marriage is not automatically void but voidable, meaning it remains valid
unless annulled. However, if there is no real intent to marry (e.g., a marriage
for a joke), the marriage is void from the beginning.

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 declaration that they take each other as husband and wife
in the presence of not less than two witnesses of legal age.

Authority of the Solemnizing Officer

● Solemnizing Officer’s Authority: The marriage must be conducted by

someone authorized to solemnize marriages (e.g., a judge, priest).
● If the parties believe in good faith that the officer had authority, the marriage
is still considered valid even if the officer lacked legal authority.

Marriage License

● A valid marriage license must be obtained unless an exception applies,

(provided in Chapter 2.)
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● Presumption of Marriage: Long-term cohabitation may create a presumption

of marriage, even if no official marriage records exist. This presumption
stands unless rebutted by evidence showing that no marriage took place.

Marriage Ceremony

● The marriage must take place in front of at least two witnesses of legal age.
A ceremony must be conducted where the parties declare that they take
each other as husband and wife.

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 render the marriage
voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of
the marriage but the party or parties responsible for the irregularity
shall be civilly, criminally and administratively liable.

Absence of Essential or Formal Requisites – The absence of any essential or formal

requisites renders the marriage void ab initio, except as stated in Article 35.
Defect in Essential Requisites – A defect in the essential requisites makes the
marriage voidable under Article 45.
Irregularity in Formal Requisites – An irregularity in the formal requisites does not
affect the validity of the marriage, but the responsible party may incur civil,
criminal, and administrative liability.

Irregularities in Formal Requisites – Do not affect marriage validity but may result in
liabilities. Examples include:

● Presence of only one witness.

● Witnesses not of legal age.
● Non-compliance with procedural rules (Arts. 12, 15, 17).

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.

● Any male or female of 18 years or older, provided they are not subject to the
impediments in Articles 37 and 38, may contract marriage.
● Marriageable Age – Formerly 14 for females and 16 for males, now 18 for
both.
● Legal Impediments – Includes blood relations (incestuous marriages) under
Art. 37 and public policy prohibitions under Art. 38.

Art. 6. 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.
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In case of a marriage in articulo mortis, when the party at the point

of death is unable to sign the marriage certificate, it shall be
sufficient for one of the witnesses to the marriage to write the name
of said party, which fact shall be attested by the solemnizing officer.

● No Prescribed Religious Rite – No specific form or religious rite is required,

but the contracting parties must appear personally before a solemnizing
officer and declare their intent to marry in the presence of two witnesses of
legal age.
● Marriage Certificate – Declaration must be included in a marriage certificate
signed by the parties and witnesses, attested by the solemnizing officer.
● Marriage in articulo mortis – If one party is on the verge of death and unable
to sign, a witness may sign on their behalf.
● Ceremony Requirement – Marriage must include a ceremony, but no
particular form is necessary. Common-law marriages are not valid in the
Philippines.
● Common-Law Marriages – In the Philippines, common-law marriages between
Filipinos are invalid. However, if the relationship began abroad and is valid
according to the law where it was initiated, it may be recognized.

Marriage by Proxy:

● If performed in the Philippines, the marriage is void because physical

presence is required (Art. 6).
● If performed abroad and valid where celebrated, it is recognized under Art.
26, subject to immigration laws.

Effect of Solemnizing Officer's Oversight – If the solemnizing officer fails to ask one
party for their consent, the marriage is still valid as long as both parties sign the
marriage certificate.

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
written authority granted him by his church or religious sect and
provided that at least one of the contracting parties belongs to the
solemnizing officer's church or religious sect;

(3) Any ship captain or airplane chief only in the cases mentioned in
Article 31;

(4) Any military commander of a unit to which a chaplain is

assigned, in the absence of the latter, during a military operation,
likewise only in the cases mentioned in Article 32; or

(5) Any consul-general, consul or vice-consul in the case provided in

Article 10.

Authority of Ship Captain or Airplane Chief:

Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

A ship captain or airplane chief may solemnize marriages in articulo mortis

between passengers or crew members, even during stopovers at ports of call.

Authority of Military Commander:

A military commander can solemnize marriages in articulo mortis within a

military zone, but only if a chaplain is not present. The marriage may be between
civilians or military personnel.

Authority of Consular Officials:

Consular officials can solemnize marriages abroad between Filipino citizens,

effectively assuming the role of local civil registrars in those instances.

Governors, Mayors, and Ambassadors:

Under the Family Code, governors, mayors, and ambassadors are not
authorized to solemnize marriages. However, under the Local Government Code,
mayors are now authorized to perform marriages within their jurisdiction.

Art. 8. The marriage shall be solemnized publicly chambers of the

judge or in open court, in the church, chapel or temple, or in the
office of the consul-general, consul or vice-consul, as the case may
be, and not elsewhere, except in cases of marriages contracted at
the point of death or in remote places in accordance with Article 29
of this Code, or where both of the parties request the solemnizing
officer in writing in which case the marriage may be solemnized at a
house or place designated by them in a sworn statement to that
effect.

General Rule: Marriages must be solemnized publicly in specific places, such as:

● The chambers of the judge or in open court.

● A church, chapel, or temple.
● The office of the consul-general, consul, or vice-consul.

Exceptions: Marriages can be solemnized elsewhere only in the following cases:

1. Marriage in articulo mortis (at the point of death).

2. Marriage in remote places, as allowed by Article 29.
3. When both parties request a specific place:
○ Both parties must request the solemnizing officer in writing.
○ The marriage can be solemnized at a house or place designated by
them in a sworn statement.

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.

Where the Marriage License Should Be Issued:

Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

● General Rule: The marriage license must be obtained from the local civil
registrar of the city or municipality where either contracting party habitually
resides.
● If the license is not issued in the correct municipality but all other
requirements are met, the marriage remains valid.

Marriages of Exceptional Character (No Marriage License Required):

● Marriage in articulo mortis (Art. 27):

○ A marriage conducted at the point of death does not require a license
due to the urgency of the situation.
● Marriage in a remote place (Art. 28):
○ If the contracting parties are located in a remote area where securing a
marriage license is impractical, the law allows for the marriage without
a license.
● Marriage of cohabiting partners for at least five years (Art. 34):
○ Couples who have been living together as husband and wife for at
least five years and have no legal impediment to marry do not need a
marriage license. This serves as a ratification of their marital
cohabitation.
● Marriage between pagans or Mohammedans in non-Christian provinces (Art.
33):
○ If both parties belong to non-Christian provinces and are married
according to their customs, no marriage license is required. However, if
the marriage takes place outside their province (e.g., in Manila), the
requirement of a license must be evaluated.

Art. 10. Marriages between Filipino citizens abroad may be

solemnized by a consul-general, consul or vice-consul of the
Republic of the Philippines. The issuance of the marriage license
and the duties of the local civil registrar and of the solemnizing
officer with regard to the celebration of marriage shall be performed
by said consular official.

Filipino consular officials (consul-general, consul, or vice-consul) have the

authority to solemnize marriages between Filipino citizens abroad.

The consular official performs dual roles:

1. Acts as the local civil registrar who issues the marriage license.
2. Serves as the solemnizing officer who officiates the marriage ceremony.

Even though the marriage is performed abroad, it is treated as if it were

conducted in the Philippines. This means that all the relevant provisions of the
Family Code regarding the validity and requirements of marriage apply to these
overseas marriages.
Filipino citizens marrying abroad must still comply with the essential and
formal requisites of marriage as stipulated in the Family Code (e.g., legal capacity,
mutual consent, marriage license, etc.).

Art. 11. Where a marriage license is required, each of the

contracting parties shall file separately a sworn application for such
license with the proper local civil registrar which shall specify the
following:
(1) Full name of the contracting party;
(2) Place of birth;
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

(3) Age and date of birth;

(4) Civil status;
(5) If previously married, how, when and where the previous
marriage was dissolved or annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother;
(10) Full name, residence and citizenship of the guardian or person
having charge, in case the contracting party has neither father nor
mother and is under the age of twenty-one years.

The applicants, their parents or guardians shall not be required to

exhibit their residence certificates in any formality in connection
with the securing of the marriage license.

Art. 12. The local civil registrar, upon receiving such application,
shall require the presentation of the original birth certificates or, in
default thereof, the baptismal certificates of the contracting parties
or copies of such documents duly attested by the persons having
custody of the originals. These certificates or certified copies of the
documents required by this Article need not be sworn to and shall
be exempt from the documentary stamp tax. The signature and
official title of the person issuing the certificate shall be sufficient
proof of its authenticity.

If either of the contracting parties is unable to produce his birth or

baptismal certificate or a certified copy of either because of the
destruction or loss of the original, or if it is shown by an affidavit of
such party or of any other person that such birth or baptismal
certificate has not yet been received though the same has been
required of the person having custody thereof at least fifteen days
prior to the date of the application, such party may furnish in lieu
thereof his current residence certificate or an instrument drawn up
and sworn to before the local civil registrar concerned or any public
official authorized to administer oaths. Such instrument shall
contain the sworn declaration of two witnesses of lawful age,
setting forth the full name, residence and citizenship of such
contracting party and of his or her parents, if known, and the place
and date of birth of such party. The nearest of kin of the contracting
parties shall be preferred as witnesses, or, in their default, persons
of good reputation in the province or the locality.

The presentation of birth or baptismal certificate shall not be

required if the parents of the contracting parties appear personally
before the local civil registrar concerned and swear to the
correctness of the lawful age of said parties, as stated in the
application, or when the local civil registrar shall, by merely looking
at the applicants upon their personally appearing before him, be
convinced that either or both of them have the required age.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

What documents must be presented to the local civil registrar when applying for a
marriage license?

The contracting parties must present either:

1. Original birth certificates; or

2. Baptismal certificates if birth certificates are unavailable; or
3. Copies of these documents duly attested by persons having custody of the
originals.

What are the requirements if a birth or baptismal certificate has been lost or
destroyed?

If a birth or baptismal certificate has been lost or destroyed, the applicant must:

● Provide a current residence certificate or an instrument sworn before the

local civil registrar or authorized public official,
● Include a sworn declaration from two witnesses confirming the applicant’s
details and the place and date of birth.

When is the presentation of the birth or baptismal certificate not required?

The presentation of these certificates is not required if:

1. The parents of the contracting parties personally appear before the local civil
registrar and swear to the correctness of the age of the parties, as stated in
the application; or
2. The local civil registrar, by observing the applicants personally, is convinced
that they meet the required age for marriage.

Why might the local civil registrar waive the need for birth or baptismal certificates
based on personal observation?

The local civil registrar might waive the requirement based on personal
observation if it is evident that the applicants are of the required age for marriage.
This serves to streamline the process and prevent unnecessary delays when the
age of the applicants is clearly apparent.

Art. 13. In case either of the contracting parties has been previously
married, the applicant shall be required to furnish, instead of the
birth or baptismal certificate required in the last preceding article,
the death certificate of the deceased spouse or the judicial decree
of the absolute divorce, or the judicial decree of annulment or
declaration of nullity of his or her previous marriage. In case the
death certificate cannot be secured, the party shall make an
affidavit setting forth this circumstance and his or her actual civil
status and the name and date of death of the deceased spouse.

What must an applicant provide if they have been previously married?

If an applicant has been previously married, they must provide the following in
place of the birth or baptismal certificate:

1. Death certificate of the deceased spouse; or

2. Judicial decree of absolute divorce; or
3. Judicial decree of annulment or declaration of nullity of the previous
marriage.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

If the death certificate cannot be obtained, the party must:

● Make an affidavit stating:

○ The circumstances preventing the procurement of the death
certificate.
○ Their current civil status.
○ The name and date of death of the deceased spouse.

Art. 14. In case either or both of the contracting parties, not having
been emancipated by a previous marriage, are between the ages of
eighteen and twenty-one, they shall, in addition to the requirements
of the preceding articles, exhibit to the local civil registrar, the
consent to their marriage of their father, mother, surviving parent
or guardian, or persons having legal charge of them, in the order
mentioned. Such consent shall be manifested in writing by the
interested party, who personally appears before the proper local
civil registrar, or in the form of an affidavit made in the presence of
two witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be recorded in
both applications for marriage license, and the affidavit, if one is
executed instead, shall be attached to said applications.

What is required for individuals aged eighteen to twenty-one to obtain a marriage

license?

Individuals aged eighteen to twenty-one who have not been emancipated by a

previous marriage must provide:

- Consent to their marriage from their father, mother, surviving parent,

guardian, or persons having legal charge of them, in the order mentioned.

How should the consent to marriage be provided?

The consent must be:

1. In writing and manifested personally by the interested party before the local
civil registrar; or
2. In the form of an affidavit, made in the presence of two witnesses and
attested before an official authorized to administer oaths.

What happens if the required consent is not provided?

If the required consent is not provided, the marriage is considered voidable.

This means that the marriage may be annulled or declared invalid if challenged, as
the absence of proper consent violates legal requirements.

Can consent be provided verbally or must it be in writing?

Consent must be provided in writing, either as a personal manifestation

recorded in the applications or as an affidavit with witnesses and proper attestation.
Verbal consent is not sufficient.

Art. 15. Any contracting party between the age of twenty- one and
twenty-five shall be obliged to ask their parents or guardian for
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

advice upon the intended marriage. If they do not obtain such

advice, or if it be unfavorable, the marriage license shall not be
issued till after three months following the completion of the
publication of the application therefor. A sworn statement by the
contracting parties to the effect that such advice has been sought,
together with the written advice given, if any, shall be attached to
the application for marriage license. Should the parents or guardian
refuse to give any advice, this fact shall be stated in the sworn
statement.

What must individuals aged between twenty-one and twenty-five do before

obtaining a marriage license?

Individuals in this age group must seek advice from their parents or guardian
about the intended marriage. If they do not obtain this advice, or if the advice is
unfavorable, the marriage license will not be issued until three months after the
publication of their application.

What should be attached to the marriage license application regarding parental

advice?

A sworn statement must be attached to the application, stating that advice

has been sought and including any written advice given. If the parents or guardian
refuse to provide advice, this fact must also be stated in the sworn statement.

What happens if the parties refuse to obtain parental advice?

If the parties refuse to seek parental advice, the marriage license cannot be
issued until three months after the end of the publication period. Marrying without
the license during this time will render the marriage null and void.

Art. 16. In the cases where parental consent or parental advice is

needed, the party or parties concerned shall, in addition to the
requirements of the preceding articles, attach a certificate issued
by a priest, imam or minister authorized to solemnize marriage
under Article 7 of this Code or a marriage counsellor duly accredited
by the proper government agency to the effect that the contracting
parties have undergone marriage counselling. Failure to attach said
certificate of marriage counselling shall suspend the issuance of the
marriage license for a period of three months from the completion
of the publication of the application. Issuance of the marriage
license within the prohibited period shall subject the issuing officer
to administrative sanctions but shall not affect the validity of the
marriage.

Should only one of the contracting parties need parental consent or

parental advice, the other party must be present at the counselling
referred to in the preceding paragraph.

What additional requirement must be met when parental consent or advice is

needed?

A certificate from a priest, imam, or minister authorized to solemnize

marriages, or from a marriage counselor accredited by the government, must be
attached to the marriage license application. This certificate must confirm that the
contracting parties have undergone marriage counseling.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

What is the effect of not attaching the marriage counseling certificate?

If the marriage counseling certificate is not attached, the issuance of the

marriage license will be suspended for three months from the completion of the
publication period. Issuing the license within this period without the certificate will
subject the issuing officer to administrative sanctions but will not affect the validity
of the marriage.

If only one party needs parental consent or advice, what must the other party do?

The other party must attend the marriage counseling along with the party
requiring parental consent or advice.

Art. 17. The local civil registrar shall prepare a notice which shall
contain the full names and residare a notice applicants for a
marriage license and other data given in the applications. The
notice shall be posted for ten consecutive days on a bulletin board
outside the office den consecutive registrar located in a conspicuous
place within the building and accessible to the general public. This
notice shall request all persons having knowledge of any
impediment to the marriage to advise the local civil registrar
thereof. The marriage license shall be issued after the completion of
the period of publication.

What is the procedure for publishing the marriage license application?

The local civil registrar must prepare a notice containing the full names and
other data of the applicants. This notice must be posted for ten consecutive days on
a bulletin board outside the registrar's office in a conspicuous and accessible place.

What is the purpose of this publication?

The publication serves to inform the public and allow anyone who knows of
any impediment to the marriage to notify the local civil registrar.

Art. 18. In case of any impediment known to the local civil registrar
or brought to his attention, he shall note down the particulars
thereof and his findings thereon in the application for a marriage
license, but shall nonetheless issue said license after the completion
of the period of publication, unless ordered otherwise by a
competent court at his own instance or that of any interested party.
No filing fee shall be charged for the petition nor a corresponding
bond required for the issuance of the order.

What should the local civil registrar do if an impediment to the marriage is

reported?

The registrar must record the particulars of the impediment and their findings
in the application for the marriage license. However, the license should still be
issued after the publication period.

What are the conditions for issuing the marriage license in case of reported
impediments?

The license can be issued after the publication period unless specifically
ordered by a competent court, based on a petition by the registrar or an interested
party. No filing fee or bond is required for such petitions.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

Art. 19. The local civil registrar shall require the payment of the
fees prescribed by law or regulations before the issuance of the
marriage license. No other sum shall be collected in the nature of a
fee or tax of any kind for the issuance of said license. It shall,
however, be issued free of charge to indigent parties, that is, those
who have no visible means of income or whose income is insufficient
for their subsistence, a fact established by their affidavit or by their
oath before the local civil registrar.

The local civil registrar requires the payment of prescribed fees before
issuing the marriage license. No additional fees or taxes may be collected.

Are there any exemptions from fees for the marriage license?

Yes, indigent parties, those with no visible means of income or whose income
is insufficient for subsistence, are exempt from paying the marriage license fee.
This status must be established through an affidavit or oath before the local civil
registrar.

Art. 20. The license shall be valid in any part of the Philippines for a
period of one hundred twenty days from the date of issue, and shall
be deemed automatically cancelled at the expiration of said period
if the contracting parties have not made use of it. The expiry date
shall be stamped in bold characters on the face of every license
issued.

What is the validity period of a marriage license?

The marriage license is valid for 120 days from the date of issue. The
expiration date must be clearly stamped on the license.

What are the consequences if the marriage license expires before being used?

If the marriage license expires and the marriage is solemnized after this
period, both the solemnizing officer and the parties may be held criminally liable
under the Revised Penal Code.

Art. 21. When either or both of the contracting parties are citizens
of a foreign country, it shall be necessary for them before a
marriage license can be obtained, to submit a certificate of legal
capacity to contract marriage, issued by their respective diplomatic
or consular officials.
Stateless persons or refugees from other countries shall, in lieu of
the certificate of legal capacity herein required, submit an affidavit
stating the circumstances showing such capacity to contract
marriage.

What is required for contracting parties who are citizens of a foreign country before
obtaining a marriage license?

They must submit a certificate of legal capacity to contract marriage, issued

by their respective diplomatic or consular officials.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

What should stateless persons or refugees provide instead of the certificate of legal
capacity?

They should submit an affidavit stating the circumstances showing their

capacity to contract marriage.

When does Article 21 apply?

It applies when either or both of the contracting parties are citizens or

subjects of a foreign country.

Who can issue the certificate of legal capacity?

The certificate can be issued by:

1. Diplomatic Officials:
○ Ambassador
○ Minister plenipotentiary and envoy extraordinary
○ Resident minister
○ Charge d'affaires
2. Consular Officials:
○ Consul-general
○ Consul
○ Vice-consul
○ Consular agent

Art. 22. The marriage certificate, in which the parties shall declare
that they take each other as husband and wife, shall also state:

(1) The full name, sex and age of each contracting party:
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the marriage;
(4) That the proper marriage license has been issued according to
law, except in marriages provided for in Chapter 2 of this Title;
(5) That either or both of the contracting parties have secured the
parental consent in appropriate cases;
(6) That either or both of the contracting parties have complied with
the legal requirement regarding parental advice in appropriate
cases; and
(7) That the parties have entered into a marriage settlements, if
any, attaching a copy thereof.

Is the marriage certificate an essential requisite for marriage?

No, the marriage certificate is not an essential requisite for the validity of the
marriage. A marriage can be valid even if the marriage certificate is not signed or
recorded, as long as the marriage was properly solemnized.

What role does the marriage certificate play in proving the existence of a marriage?

While the marriage certificate is strong evidence of marriage, it is not the

only evidence. Testimonies of witnesses, cohabitation, and other documents can
also establish the fact of marriage.

How does the absence of a marriage certificate affect the proof of marriage?
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

The absence of a marriage certificate does not necessarily invalidate a

marriage. Other forms of evidence, such as witness testimony or cohabitation, can
support the claim of a valid marriage.

How does Article 22 differentiate between a marriage certificate and a marriage

license?

A marriage license is an essential requirement for the marriage, while the

marriage certificate is a document that records the marriage and provides evidence
of its occurrence.

Art. 23. It shall be the duty of the person solemnizing the marriage
to furnish either of the contracting parties the original of the
marriage certificate referred to in Article 6 and to send the
duplicate and triplicate copies of the certificate not later than
fifteen days after the marriage, to the local civil registrar of the
place where the marriage was solemnized. Proper receipts shall be
issued by the local civil registrar to the solemnizing officer
transmitting copies of the marriage certificate. The solemnizing
officer shall retain in his file the quadruplicate copy of the marriage
certificate, the original of the marriage license and, in proper cases,
the affidavit of the contracting party regarding the solemnization of
the marriage in a place other than those mentioned in Article 8.

What is the solemnizing officer required to do with the marriage certificate after the
marriage?

The solemnizing officer must:

1. Furnish either of the contracting parties with the original of the marriage
certificate.
2. Send the duplicate and triplicate copies of the marriage certificate to the
local civil registrar of the place where the marriage was solemnized within
fifteen days after the marriage.
3. Retain the quadruplicate copy of the marriage certificate, the original of the
marriage license, and, if applicable, the affidavit regarding the solemnization
of the marriage in a place other than those mentioned in Article 8.

What should the local civil registrar provide to the solemnizing officer upon
receiving the marriage certificate copies?

The local civil registrar should issue proper receipts to the solemnizing officer for
the copies of the marriage certificate transmitted.

The four copies of the marriage certificate are distributed as follows:

1. One copy for each of the contracting parties.

2. Two copies for the local civil registrar.
3. One copy for the person solemnizing the marriage.

Art. 24. It shall be the duty of the local civil registrar to prepare the
documents required by this Title, and to administer oaths to all
interested parties without any charge in both cases. The documents
and affidavits filed in charge in connection with applications for
marriage licenses shall be exempt from documentary stamp tax.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

What is the local civil registrar's duty regarding the preparation of documents for
marriage licenses?

The local civil registrar must prepare the required documents and affidavits
without charging any administrative fees.

Art. 25. The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a registry book
strictly in the order in which the same are received. He shall record
in said book the names of the applicants, the date on which the
marriage license was issued, and such other data as may be
necessary.

What is the local civil registrar required to do with applications for marriage
licenses?

The local civil registrar must enter all applications for marriage licenses in a registry
book in strict chronological order. The registry should include:

1. The names of the applicants.

2. The date on which the marriage license was issued.
3. Any other necessary data.

Art. 26. All marriages solemnized outside the Philippines in

accordance with the laws in force in the country where they were
solemnized, and valid there as such, shall also be valid in this
country, except those prohibited under Articles 35(1), (4), (5) and
(6), 36, 37, and 38.
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.

Lex Loci Celebrationis

This doctrine means that a marriage that is valid where celebrated will also
be valid in the Philippines, as long as it does not fall under the exceptions listed in
the Family Code.

General Rule for Validity of Foreign Marriages

If the marriage is valid under the laws of the country where it was celebrated,
it will be considered valid in the Philippines.

● Example: A marriage between a Filipino and a foreign national solemnized in

the United States, valid under U.S. law, is also valid in the Philippines.

Exceptions to the General Rule

Certain marriages, even if valid where celebrated, will be void in the

Philippines if they fall under specific provisions of the Family Code:

● Art. 35 (Prohibited marriages):

○ (1) Below 18 years of age
○ (4) Bigamous or polygamous marriages not under Art. 41
○ (5) Mistake as to the identity of one of the parties
○ (6) Subsequent marriages void under Art. 53
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

● Art. 36: Psychological incapacity

● Art. 37: Incestuous marriages
● Art. 38: Marriages void for public policy reasons

Effect of a Foreign Divorce

The second paragraph of Article 26 applies only in cases where a foreign

divorce is obtained by the alien spouse in a marriage between a Filipino citizen and
a foreigner.

● Outcome: The Filipino spouse will also have the legal capacity to remarry in
the Philippines, provided that the foreign divorce capacitated the alien
spouse to do the same.
● Limitation: The rule does not apply if both parties are Filipinos

Void Foreign Marriages

If a marriage is void where it was celebrated (e.g., a polygamous marriage in

a non-Islamic country), it will also be considered void in the Philippines. The
principle follows that if a marriage is void or voidable under foreign law, the same
applies domestically.

Foreign Divorce and Its Effect on Filipino Spouse

If a divorce is obtained abroad by a foreign spouse, the Filipino spouse can

remarry under Philippine law. However, if the Filipino spouse initiates the divorce, it
will not be recognized, and the Filipino will not have the capacity to remarry in the
Philippines.

Chapter 2

Marriages Exempt from the License Requirement

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.

A marriage can be solemnized without a marriage license when either or both

of the contracting parties are at the point of death (in articulo mortis).

If the ailing party survives, is the marriage still valid?

Yes, the marriage remains valid even if the ailing party survives, and no new
marriage ceremony is required.

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.

If the residence of either party is so remote that transportation to the local

civil registrar is not available, the marriage may be solemnized without a marriage
license.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

● Conscious Consent: The parties must still be conscious and aware of the
marriage ceremony.
● Physical Inability to Sign: If one of the contracting parties is physically unable
to sign the marriage contract, a witness or solemnizing official may sign on
their behalf.
● Marriage in Remote Areas: No specific distance is defined, allowing for
flexibility in determining the remoteness of a location.

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.

The affidavit serves to prove the legal basis for exemption from a marriage
license. Failure to execute the affidavit does not invalidate the marriage.
The solemnizing officer must verify the contracting parties’ eligibility,
ensuring there are no legal impediments such as prior marriages or prohibited
relationships.

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 thirty days after the performance of the marriage.

This ensures proper documentation of marriages performed without a license,

safeguarding the legal status of the union.
Failure to Submit: Non-compliance with this requirement does not invalidate
the marriage, but the documents are essential for record-keeping purposes.

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 plane is in
flight, but also during stopovers at ports of call.

The marriage may occur not only at sea or during flight but also during
stopovers, expanding the circumstances under which such marriages can be
performed.
Legal Effect: As long as the requisites of marriage are present, marriages
performed in articulo mortis on ships or airplanes are valid.

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
operation, whether members of the armed forces or civilians.

A military commander of a unit who is a commissioned officer can solemnize

marriages in articulo mortis within a zone of military operation, involving both
members of the armed forces and civilians.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

Art. 33. Marriages among Muslims or among members of the ethnic

cultural communities may be performed validly without the
necessity of a marriage license, provided that they are solemnized
in accordance with their customs, rites or practices.

Can Muslims or members of ethnic cultural communities marry without a marriage

license?
Yes, marriages among Muslims or members of ethnic cultural communities
may be performed without a marriage license if they follow 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.

What must the contracting parties provide to prove their qualifications?

They must state these facts in an affidavit before any person authorized to
administer oaths.
What are the key requisites for this marriage without a license?
The couple must have lived together for at least five years, have no legal
impediment, and must state these facts under oath.
Can a couple who has lived together for only three years marry without a license?
No, they must have lived together for at least five years.
Can a 17-year-old girl marry her partner under this provision?
No, since she is still a minor and cannot legally marry.

Chapter 3

VOID AND VOIDABLE MARRIAGES

What are the key distinctions between a void and a voidable marriage?

● Void Marriage:
○ Can never be ratified.
○ Always considered void.
○ Can be attacked directly or collaterally.
○ There is no conjugal partnership; only a co-ownership of property
exists.
● Voidable Marriage:
○ Can generally be ratified through free cohabitation.
○ Valid until annulled by a court.
○ Cannot be attacked collaterally; only through a direct legal proceeding.
○ There is a conjugal partnership, meaning property acquired during the
marriage is governed by rules of conjugal partnership.

Impediments in Marriage:

● Diriment impediments make the marriage void. Examples include:

○ Close blood relationship (e.g., marriage between siblings).
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

○ Prior existing marriage (bigamy or polygamy).

● Prohibitive impediments do not affect the validity of the marriage, but
violating them may lead to criminal prosecution. The marriage remains valid
despite the existence of these impediments.
● Absolute impediment means that the person is completely prohibited from
marrying anyone.
○ Example: A person below the required legal age of 18 cannot marry at
all.

● Relative impediment restricts marriage between specific individuals but does

not prevent the person from marrying someone else.
○ Example: A brother cannot marry his sister.

Can a void marriage ever become valid?

No, a void marriage cannot be ratified or made valid. It remains void from the
beginning.

How can a voidable marriage be ratified?

A voidable marriage can generally be ratified through free cohabitation of the
spouses, meaning that if the spouses continue to live together as husband and wife
after the ground for annulment has ceased, the marriage may become valid.

Can a voidable marriage be challenged in any proceeding?

No, a voidable marriage can only be challenged through a direct proceeding,
such as a petition for annulment. It cannot be collaterally attacked.

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even
with the consent of parents or guardians;
(2) 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;
(3) Those solemnized without a license, except those covered by the
preceding Chapter;
(4) Those bigamous or polygamous marriages not falling under
Article 41;
(5) Those contracted through mistake of one contracting party as to
the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.

What is the legal consequence of a void marriage?

A void marriage is considered as if no marriage has taken place. Therefore, it
cannot be the source of any legal rights.

Can a person under 18 years of age contract a valid marriage?

No, any marriage where a party is below 18 years old is void, even if parental
or guardian consent is given.

Is a marriage performed by someone without legal authority to solemnize it valid?

Such a marriage is void, unless either or both parties genuinely believed, in
good faith, that the person had the legal authority to solemnize the marriage. If
good faith is present, the marriage may not be considered void.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

What is the status of marriages contracted without a license?

Marriages contracted without a marriage license are void, except in cases
covered by special provisions (such as marriages in articulo mortis, or marriages of
those who have cohabited as husband and wife for a prolonged period under the
rules of exceptional circumstances).

What is the consequence of bigamous or polygamous marriages?

Bigamous or polygamous marriages are void unless they fall under the
exception in Article 41 of the Family Code (e.g., where the first spouse has been
absent for a specified period and the second spouse had reason to believe that the
first spouse was dead). Otherwise, such marriages are void from the beginning.

What is required before a person can enter into a valid subsequent marriage after a
prior marriage has been declared null?
A judicial declaration of nullity is required before a person can enter into a
valid subsequent marriage. Failure to obtain this declaration before contracting a
second marriage results in a bigamous marriage

What happens if a marriage is entered into by mistake regarding the identity of one
of the parties?
A marriage contracted under such a mistake is void. The law recognizes that
a person cannot give valid consent to a marriage if they were mistaken as to the
identity of their spouse.

Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise be void even
if such incapacity becomes manifest only after its solemnization.

What is "psychological incapacity"?

Psychological incapacity refers to a condition where a person lacks the

mental, emotional, or psychological ability to perform marital duties and
obligations. This incapacity must be a lasting condition that existed at the time of
marriage, even if it only becomes evident later.

How is psychological incapacity different from mental illness or insanity?

Psychological incapacity is a condition that affects a person’s ability to fulfill

marital obligations, whereas mental illness or insanity refers to severe mental
disorders. Psychological incapacity must be a deep-seated issue that affects the
ability to understand and perform marital duties, not just temporary or minor
mental health issues.

Examples of psychological incapacity:

● severe personality disorders, chronic substance abuse, compulsive

gambling, extreme jealousy, or any condition that fundamentally
impairs a person's ability to fulfill marital obligations. It must be a
serious and enduring condition.

Can a marriage be declared void if the incapacity becomes apparent only after
marriage?

Yes, the marriage can be declared void even if the psychological incapacity
only becomes apparent after the marriage, as long as the incapacity existed at the
time of the marriage.

What must be proven to establish psychological incapacity?

Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

It must be proven that the psychological incapacity existed at the time of the
marriage and that it is severe, permanent, and prevents the person from fulfilling
marital obligations. Expert opinions from psychologists or psychiatrists are often
required to establish the condition.

Is a marriage that is simply unsatisfactory considered null and void under Article
36?

No, dissatisfaction alone does not make a marriage null and void.
Psychological incapacity must be a serious, enduring condition that impairs the
ability to fulfill marital obligations, not just general dissatisfaction or difficulty in the
relationship.

Can psychological incapacity be established without expert testimony?

While expert testimony is highly valuable and often required, the totality of
evidence presented in court can also be used to establish psychological incapacity.
However, expert assessments are important for a conclusive diagnosis.

Art. 37. Marriages between the following are incestuous and void
from the beginning, whether the relationship between the parties
be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half-blood.

Art. 38. The following marriages shall be void from the beginning for
reasons of public policy:

(1) Between collateral blood relatives, whether legitimate or

illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(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 and the
adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the
other, killed that other person's spouse, or his or her own spouse.

What are additional examples of marriages that are considered void?

1. Marriages in a Play, Drama, or Movie: Such marriages are void ab initio and
are not considered valid, even though they may appear legal in form.
2. Marriages Between Two Boys or Two Girls: These marriages are not
recognized as valid.
3. Marriages in Jest: These are legal in form but entered as a joke, with no real
intention to enter into actual marriage status. Such marriages are void ab
initio due to the absence of genuine consent.
4. Common Law Marriages: These are not recognized under Philippine law.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

When is a second marriage not considered bigamous?

A second marriage is not considered bigamous if it was contracted after the

first marriage was legally terminated. If the marriage license for the second
marriage was issued after the marriage but before the legal dissolution of the first
marriage, the second marriage is considered null and void, and the individual would
be guilty of bigamy if the license had been issued before the second marriage.

Is a marriage between a person who unknowingly marries someone already married

considered valid or void?

The marriage is considered void and bigamous, regardless of the good faith
of the parties involved. The marriage is void due to the pre-existing marriage of one
of the parties.

Can a person marry their step-sibling or step-parent according to the Family Code?

● A marriage between a stepbrother and stepsister is now allowed under the

Family Code, despite prior prohibitions.
● A person cannot marry their step-parent (e.g., a man cannot marry his
stepdaughter).

How does adoption affect marriage eligibility?

● Adopted children cannot marry each other.

● An adopted child cannot marry the surviving spouse of their adopter.
● The adopter cannot marry the surviving spouse of the adopted child.

Can a person marry someone with whom their spouse committed adultery if the
spouse has died?

Yes, if the original spouse is deceased, there is no prohibition under the law
preventing the remaining spouse from marrying the person with whom they had an
affair.

Art. 39. The action or defense for the declaration of absolute nullity
of a marriage shall not prescribe.

If a marriage is fundamentally invalid (absolute nullity), there is no deadline

for when you can challenge or dispute its validity. A declaration of nullity can be
filed at any time, even if many years have passed since the marriage took place.

Art. 40. The absolute nullity of a previous marriage may be invoked

for purposes of marriage on the basis solely of a final judgment
declaring such previous marriage void.

What must be done before invoking the absolute nullity of a previous marriage for
purposes of contracting a new marriage?

Before contracting a new marriage, the absolute nullity of the previous

marriage must be invoked based solely on a final judgment declaring the previous
marriage void.

What does the clause "on the basis solely of a final judgment declaring such
marriage void" signify?

The clause means that a final judicial declaration of the previous marriage’s
nullity is required for purposes of remarriage. It implies that the declaration of
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

nullity is necessary before entering into a new marriage and that such a declaration
must be obtained through the court.

Does Article 40 apply to remarriages entered into after the effectivity of the Family
Code?

Yes, Article 40 applies to remarriages entered into after the Family Code’s
effectivity on August 3, 1988, regardless of the date of the first marriage. This is
because Article 256 of the Family Code provides for retroactive effect in procedural
matters as long as it does not prejudice acquired rights.

Is a judicial declaration of nullity required even if the marriage is considered void?

Yes, even though a marriage may be considered void, a judicial declaration of

such nullity is required before the parties can remarry. Without this declaration, the
second marriage will also be considered void.

Art. 41. A marriage contracted by any person during the subsistence

of a previous marriage shall be null and void, unless before the
celebration of the subsequent marriage, the prior spouse had been
absent for four consecutive years and the spouse present had a
well-founded belief that the absent spouse was already dead. In
case of disappearance where there is danger of death under the
circumstances set forth in the provisions of Article 391 of the Civil
Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the

preceding paragraph, the spouse present must institute a summary
proceeding as provided in this Code for the declaration of
presumptive death of the absentee, without prejudice to the effect
of reappearance of the absent spouse.

What are the conditions under which a subsequent marriage is considered valid
despite the subsistence of a previous marriage?

The conditions are:

1. The prior spouse must have been absent for at least four consecutive years,
or two years if there was a danger of death.
2. The present spouse must have a well-founded belief that the absent spouse
is dead.
3. The present spouse must initiate a summary proceeding to obtain a judicial
declaration of presumptive death.

Art. 42. The subsequent marriage referred to in the preceding

Article shall be automatically terminated by the recording of the
affidavit of reappearance of the absent spouse, unless there is a
judgment annulling the previous marriage or declaring it void ab
initio.

A sworn statement of the fact and circumstances of reappearance

shall be recorded in the civil registry of the residence of the parties
to the subsequent marriage at the instance of any interested
person, with due notice to the spouses of the subsequent marriage
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

and without prejudice to the fact of reappearance being judicially

determined in case such fact is disputed.

What causes the automatic termination of a subsequent marriage under Article 42?

The subsequent marriage is automatically terminated when the affidavit of

reappearance of the absent spouse is recorded. This termination is effective unless
there is a prior judgment annulling the previous marriage or declaring it void ab
initio.

What must be done to record the reappearance of an absent spouse?

A sworn statement detailing the fact and circumstances of the reappearance

must be recorded in the civil registry of the residence of the parties to the
subsequent marriage.

Art. 43. The termination of the subsequent marriage referred to in

the preceding Article shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to its

termination shall be considered legitimate and their custody and
support in case of dispute shall be decided by the court in a proper
proceeding;

(2) The absolute community of property or the conjugal partnership,

as the case may be, shall be dissolved and liquidated, but if either
spouse contracted said marriage in bad faith, his or her share of the
net profits of the community property or conjugal partnership
property shall be forfeited in favor of the common children or, if
there are none, the children of the guilty spouse by a previous
marriage, or in default of children, the innocent spouse;

(3) Donations by reason of marriage shall remain valid, except that

if the donee contracted the marriage in bad faith, such donations
made to said donee are revoked by operation of law;

(4) The innocent spouse may revoke the designation of the other
spouse who acted in bad faith as a beneficiary in any insurance
policy, even if such designation be stipulated as irrevocable; and

(5) The spouse who contracted the subsequent marriage in bad faith
shall be disqualified to inherit from the innocent spouse by testate
and intestate succession.

What is the status of children born from a subsequent marriage that is terminated?

Children conceived prior to the termination of the subsequent marriage are

considered legitimate. Disputes over their custody and support must be resolved by
the court.

What happens to the community property or conjugal partnership upon the

termination of a subsequent marriage?

The absolute community of property or conjugal partnership is dissolved and

liquidated. If either spouse acted in bad faith, their share of the net profits from the
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community property or conjugal partnership is forfeited in favor of the common

children, children from a previous marriage, or the innocent spouse.

How are donations made by reason of marriage affected by the termination of the
subsequent marriage?

Donations made by reason of marriage remain valid. However, if the donee

acted in bad faith, such donations are automatically revoked by operation of law.

Can the innocent spouse revoke the designation of the other spouse as a
beneficiary in an insurance policy?

Yes, the innocent spouse can revoke the designation of the other spouse who
acted in bad faith as a beneficiary in any insurance policy, even if the designation
was stipulated as irrevocable.

What is the inheritance status of a spouse who acted in bad faith in a subsequent
marriage?

A spouse who acted in bad faith is disqualified from inheriting from the
innocent spouse, both by testate and intestate succession.

Art. 44. If both spouses of the subsequent marriage acted in bad

faith, said marriage shall be void ab initio and all donations by
reason of marriage and testamentary dispositions made by one in
favor of the other are revoked by operation of law.

What happens if both spouses of the subsequent marriage acted in bad faith?

If both spouses acted in bad faith, the subsequent marriage is considered

void ab initio. All donations made by reason of the marriage and testamentary
dispositions made by one spouse in favor of the other are automatically revoked.

Art. 45. The 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 eighteen years of age or over but below twenty-one,
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
twenty-one, 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, unless
such party afterwards, with full knowledge of the facts constituting
the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force,

intimidation or undue influence, unless the same having
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

disappeared or ceased, such party thereafter freely cohabited with

the other as husband and wife;

(5) That either party was physically incapable of consummating the

marriage with the other, and such incapacity continues and appears
to be incurable; or

(6) That either party was afflicted with a sexually. transmissible

disease found to be serious and appears to be incurable. (85)

The grounds for annulment under Article 45 include:

1. Non-age: The party was 18 or over but below 21 and the marriage was
solemnized without the required parental consent.
2. Unsound Mind: Either party was of unsound mind at the time of marriage.
3. Fraud: Consent was obtained by fraud.
4. Force, Intimidation, or Undue Influence: Consent was obtained through force,
intimidation, or undue influence.
5. Impotence or Physical Incapacity: Either party was physically incapable of
consummating the marriage and such incapacity is incurable.
6. Sexually Transmissible Disease: Either party was afflicted with a serious and
incurable sexually transmissible disease.

What happens if the marriage was solemnized without the consent of parents or
guardians, but the parties lived together as husband and wife after reaching the
age of twenty-one?

If the party who was initially below twenty-one later cohabits freely with the
other party after reaching the age of twenty-one, and they live together as husband
and wife, the marriage is not annulled.

What are the key differences between annulment and legal separation?

● Annulment:
○ Marriage was defective from the beginning.
○ Grounds for annulment must exist at the time of marriage.
○ Six grounds for annulment.
○ Dissolves the marriage bond; parties are free to remarry.
○ Grounds are generally those given in the lex loci celebrationis (place of
celebration).
● Legal Separation:
○ No defect in the marriage at the beginning.
○ Grounds arise after the marriage celebration.
○ Ten grounds for legal separation.
○ Marriage remains valid; does not dissolve the marriage bond.
○ Grounds are given by the national law, not the lex loci celebrationis.

Is a church annulment of marriage binding upon the State?

No, a church annulment proceeding, which follows Canon Law, is not binding
upon the State. In the eyes of civil law, the couple is still considered married unless
a civil court declares the marriage null and void.

Can a marriage be dissolved at the whim of the parties?

No, a marriage cannot be dissolved at the whim of the parties. The Philippine
Constitution and family law emphasize protecting and strengthening the family as a
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

fundamental institution, and marriage is considered the foundation of this

institution.

Art. 46. Any of the following circumstances shall constitute fraud

referred to in Number 3 of the preceding Article:

(1) Non-disclosure of a previous conviction by final judgment of the

other party of a crime involving moral turpitude;

(2) Concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband;

(3) Concealment of a sexually-transmissible disease, regardless of

its nature, existing at the time of the marriage; or

(4) Concealment of drug addiction, habitual alcoholism,

homosexuality or lesbianism, existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank,

fortune or chastity shall constitute such fraud as will give grounds
for action for the annulment of marriage.

What constitutes fraud in marriage under Article 46 of the Family Code?

1. Non-disclosure of a previous conviction for a crime involving moral turpitude.

2. Concealment of the fact that the wife was pregnant by someone other than
her husband at the time of the marriage.
3. Concealment of a sexually transmissible disease existing at the time of the
marriage.
4. Concealment of drug addiction, habitual alcoholism, homosexuality, or
lesbianism existing at the time of the marriage.

What if the husband knew about the wife’s pregnancy at the time of the marriage?

If the husband knew about the pregnancy, the marriage cannot be annulled
on this ground. The key factor is whether the pregnancy was concealed.

How serious does a sexually transmissible disease need to be for it to be grounds

for annulment?

The seriousness of the disease is not relevant. What matters is whether there
was concealment of the disease at the time of the marriage.

Art. 47. The action for annulment of marriage must be filed by the
following persons and within the periods indicated herein:
(1) For causes mentioned in Number 1 of Article 45 by the party
whose parent or guardian did not give his or her consent, within five
years after attaining the age of twenty. one; or by the parent or
guardian or person having legal charge of the minor, at any time
before such party reached the age of twenty-one;
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(2) For causes mentioned in Number 2 of Article 45, by the sane

spouse who had no knowledge of the other's insanity; by any
relative, guardian or person having legal charge of the insane, at
any time before the death of either party; or by the insane spouse
during a lucid interval or after regaining sanity;

(3) For causes mentioned in Number 3 of Article 45, by the injured

party, within five years after the discovery of the fraud;

(4) For causes mentioned in Number 4 of Article 45, by the injured

party, within five years from the time the force, intimidation or
undue influence disappeared or ceased;

(5) For causes mentioned in Numbers 5 and 6 of Article 45, by the

injured party, within five years after the marriage.

Who may file an action for annulment of marriage, and what are the time periods
for filing?

● For lack of parental consent:

○ The party whose parent or guardian did not give consent, within five
years after reaching the age of twenty-one; or by the parent, guardian,
or person having legal charge of the minor, at any time before the
minor turns twenty-one.

● For insanity:
○ The sane spouse who was unaware of the other's insanity; or any
relative, guardian, or person having legal charge of the insane party, at
any time before the death of either party. The insane spouse can file
during a lucid interval or after regaining sanity.
● For fraud:
○ The injured party, within five years after discovering the fraud.
● For force, intimidation, or undue influence:
○ The injured party, within five years from when the force, intimidation,
or undue influence ceased.
● For impotence and sexually transmitted diseases:
○ The injured party, within five years after the marriage.

Can an annulment be granted for fraud if both parties committed fraud?

No, if both parties committed fraud, neither can seek annulment based on
fraud.

Can a marriage be annulled if the spouse was aware of a sexually transmissible

disease before marriage?

No, if the spouse was aware of the sexually transmissible disease before the
marriage, they are not considered an injured party under.

What if a party was misled about the other’s virginity before marriage?

Concealment of non-virginity does not constitute fraud.

Art. 48. In all cases of annulment or declaration of absolute nullity

of marriage, the Court shall order the prosecuting attorney or fiscal
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

assigned to it to appear on behalf of the State to take steps to

prevent collusion between the parties and to take care that
evidence is not fabricated or suppressed.

In the cases referred to in the preceding paragraph, no judgment

shall be based upon a stipulation of facts or confession of judgment.

What is required of the Court in annulment or declaration of absolute nullity of

marriage cases?

The Court must order the prosecuting attorney or fiscal to appear on behalf of the
State. The prosecuting attorney is tasked with:

1. Preventing collusion between the parties.

2. Ensuring that evidence is not fabricated or suppressed.
3. Ensuring no judgment is based solely on a stipulation of facts or confession of
judgment.

What are the two types of confession of judgment mentioned in Article 48?

1. Confession of Judgment by Warrant of Attorney: This occurs when a

defendant allows the plaintiff’s attorney to admit the validity of the plaintiff’s
claim before the action is filed.
2. Confession of Judgment or Cognovit Actionem: This is when a defendant
acknowledges the rightfulness of the plaintiff’s claim either in court or
through a written pleading.

Can a court grant an annulment based on a summary judgment?

No, a court cannot grant an annulment based solely on a summary judgment.

The annulment process requires a full trial to ensure there is no collusion and that
all evidence is thoroughly reviewed.

What happens if a petitioner refuses to cooperate with the fiscal in an annulment

case?

If a petitioner does not cooperate with the fiscal, the Court may dismiss the
annulment suit. Cooperation is essential for the fiscal to determine the existence of
collusion and to properly adjudicate the annulment.

*Collusion refers to an agreement or secret cooperation between two or more

parties to deceive or defraud a third party or to achieve an illegal or unethical
outcome.

Art. 49. During the pendency of the action and in the absence of
adequate provisions in a written agreement between the spouses,
the court shall provide for the support of the spouses and the
custody and support of their common children. The court shall give
paramount consideration to the moral and material welfare of said
children and their choice of the parent with whom they wish to
remain as provided for in Title IX. It shall also provide for
appropriate visitation rights of the other parent.

How does Article 49 relate to the constitutional rights of parents and children?

Article 49 aligns with constitutional provisions by:

1. Recognizing the inherent and natural rights of parents over their children.
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

2. Ensuring that even in annulment cases, the children’s welfare is prioritized,

and provisions are made for their support and visitation rights.
3. Upholding the principle that parental rights and responsibilities continue to
be acknowledged and protected during the annulment process.

Art. 50. The effects provided for in paragraphs (2), (3), (4) and (5) of
Article 43 and in Article 44 shall also apply in proper cases to
marriages which are declared void ab initio or annulled by final
judgment under Articles 40 and 45.

The final judgment in such cases shall provide for the liquidation,
partition and distribution of the properties of the spouses, the
custody and support of the common children, and the delivery of
their presumptive legitimes, unless such matters had been
adjudicated in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or

the conjugal partnership shall be notified of the proceedings for
liquidation.

In the partition, the conjugal dwelling and the lot on which it is

situated, shall be adjudicated in accordance with the provisions of
Articles 102 and 129.

What must be included in the final judgment of annulment or declaration of

absolute nullity of marriage?

The final judgment must provide for the liquidation, partition, and distribution
of the properties of the spouses, the custody and support of their common children,
and the delivery of their presumptive legitimes, unless these matters have been
previously adjudicated.

What is required regarding creditors in the context of annulment or declaration of

nullity?

All creditors of the spouses and of the absolute community or the conjugal
partnership must be notified of the proceedings for liquidation.

Art. 51. In said partition, the value of the presumptive legitimes of

all common children, computed as of the date of the final judgment
of the trial court, shall be delivered in cash, property or sound
securities, unless the parties, by mutual agreement judicially
approved, had already provided for such matters.

The children or their guardian, or the trustee of their property, may

ask for the enforcement of the judgment.

The delivery of the presumptive legitimes herein prescribed shall in

no way prejudice the ultimate successional rights of the children
accruing upon the death of either or both of the parents; but the
value of the properties already received under the decree of
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

annulment or absolute nullity shall be considered as advances on

their legitime. (n)

How should the value of the presumptive legitimes of common children be handled
in the partition?

The value of the presumptive legitimes of all common children should be

computed as of the date of the final judgment and delivered in cash, property, or
sound securities, unless the parties, by mutual agreement judicially approved, have
already provided for such matters.

How does the delivery of presumptive legitimes affect the ultimate successional
rights of the children?

The delivery of presumptive legitimes does not prejudice the ultimate

successional rights of the children. The properties received under the decree of
annulment or absolute nullity are considered advances on their legitime.

Art. 52. The judgment of annulment or of absolute nullity of the

marriage, the partition and distribution of the properties of the
spouses, and the delivery of the children's presumptive legitimes
shall be recorded in the appropriate civil registry and registries of
property; otherwise, the same shall not affect third persons.

Where must the judgment of annulment or absolute nullity, partition and

distribution of properties, and delivery of children’s presumptive legitimes be
recorded?

These must be recorded in the appropriate civil registry and registries of

property.

What is the implication if the judgment and other related actions are not recorded
properly?

If not recorded in the appropriate civil registry and registries of property, the
judgment and actions will not affect third persons.

Art. 53. Either of the former spouses may marry again after
complying with the requirements of the immediately preceding
Article; otherwise, the subsequent marriage shall be null and void.

When can either of the former spouses remarry?

Either of the former spouses may remarry after complying with the
requirements of Article 52 (judgment of annulment or of absolute nullity of the
marriage, partition and distribution of the properties of the spouses, and the
delivery of the children's presumptive legitimes). Failure to comply renders the
subsequent marriage null and void.

Art. 54. Children conceived or born before the judgment of

annulment or absolute nullity of the marriage under Article 36 has
become final and executory, shall be considered legitimate. Children
Reference book: Civil Code of the Philippines Annotated by Justice Paras (2021)

conceived or born of the subsequent marriage under Article 53 shall

likewise be legitimate.

What is the status of children conceived or born before the judgment of annulment
or absolute nullity becomes final and executory?

Children conceived or born before the judgment becomes final and executory
are considered legitimate.

What is the status of children conceived or born from a subsequent marriage?

Children conceived or born from a subsequent marriage are also considered

legitimate.

If a child is conceived or born before the annulment judgment becomes final, what
is the child's status?

The child is considered legitimate, even if the marriage was declared void or
annulled.