EO 209: THE FAMILY CODE OF THE PHILIPPINES
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. (52a)
MARRIAGE AS CONTRACT AND SOCIAL INSTITUTION
a. Marriage as Special Contract
b. Distinguished from Ordinary Contract
c. Duration of contractual relationship
d. Marriage as social institution
e. Nature, consequence, and incidents of marriage
f. Presumption of marriage
g. Law favors validity of marriage
A. MARRIAGE AS SPECIAL CONTRACT
Generally considered as a civil contract, in a sense that it is entered into by
agreement of the parties.
It is also and specially a status or personal relation, founded on contract and
established by law, under which certain rights and duties incident to the
relationship come into being, irrespective of the wishes of the parties.
Marriage is also a social institution regulated and controlled by the state.
B. DISTINGUISHED FROM ORDINARY CONTRACT
Marriage is a contract sui generis (unique or different)
It is a contract of peculiar character and subject to peculiar principles, being
usually accorded more dignity than ordinary contracts
DISTINCTIONS OF MARRIAGE AND ORDINARY CONTARCT
MARRIAGE ORDINARY CONTRACT
Cannot be revoked, dissolved or Can be dissolved by both parties
otherwise terminated by the parties, based on their agreement
but only the sovereign power of the
state. The parties are free to establish such
The nature, consequences, and clauses, terms and conditions provided
incidents of marriage are governed by the same are not contrary to law,
law and not subject to agreement. morals, good customs, public order, or
public policy.
Only two persons of opposite sex may May be entered into by any number of
enter into a contract of marriage, and persons, whether of the same or
but one such contract may exist at the different sex.
same time.
Not just a contract, it is fundamentally a
social institution.
C. DURATION OF CONTRACTUAL RELATIONSHIP
The marriage status once coming into existence remains in force until it is
dissolved by the courts in accordance with law or by the death of a
spouse.
The status of marriage ordinarily continues during the joint lives of the
parties or until annulment or declaration of nullity of such marriage.
D. MARRIAGE AS SOCIAL INSTITUTION
The constitution considers marriage as an “inviolable social institution”,
and is “the foundation of family life which shall be protected by the State”.
The constitution is so committed to the policy of strengthening the family
as a basic social institution because the state can find no stronger anchor
than on good, solid and happy families.
E. NATURE, CONSEQUENCES, AND INCIDENTS OF MARRIAGE
Three (3) Parties to a civil marriage: 2 Willing spouses, and an approving
state.
Property Relations during the Marriage: Only aspect of marriage that can
be the subject of agreement between the parties – but this is NOT
ABSOLUTE. It must be exercised within the limits provided by the Family
Code.
F. PRESUMPTION OF MARRIAGE
RULE 131 of the New Rules on Evidence:
Section 3. Disputable presumptions. — The following presumptions are
satisfactory if uncontradicted, but may be contradicted and overcome by other
evidence:
(aa) That a man and woman deporting themselves as husband and wife have
entered into a lawful contract of marriage; (PRESUMPTION ESTABLISHED
UNDER CIVIL PROCEDURE)
Persons dwelling together in apparent matrimony are PRESUMED, in the
absence of counter-presumption or evidence special to the case, to be in fact
married.
Semper praesumitur pro matrimonio: Presumption is always in favor of the
validity of marriage. Hence, any doubt as to the validity of a marriage is to be
resolved in favor of its validity.
Marriage Contract: considered a primary evidence of marriage. But its absence is
not always proof that no marriage took place.
G. LAW FAVORS VALIDITY OF MARRIAGE
The law favors the validity of marriage because the State is interested in
the preservation of the family and sanctity of the family is a constitutional
concern.
Any doubt shall be resolved in favour of the validity of the marriage.
The burden of proof to show the nullity of the marriage rests upon the
party seeking its nullity.
ART. 2. NO MARRIAGE SHALL BE VALID, UNLESS THESE ESSENTIAL
REQUISITES ARE PRESENT:
(1) Legal capacity of the contracting parties who must be a male and a female;
and
(2) Consent freely given in the presence of the solemnizing officer. (53a)
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. (53a, 55a)
REQUISITES OF MARRIAGE
A. GOVERNING LAW
B. ESSENTIAL AND FORMAL REQUISITES
C. LEGAL CAPACITY
D. CONSENT
E. AUTHORITY OF THE SOLEMNIZING OFFICER
F. VALID MARRIAGE LICENSE
G. MARRIAGE CEREMONY
A. GOVERNING LAW
The validity of a marriage is tested according to the law in force at the time the
marriage is contracted.
GENERAL RULE: the nature of the marriage already celebrated cannot be
changed by a subsequent amendment of the governing law.
B. ESSENTIAL REQUISITES OF MARRIAGE:
1. Legal Capacity
2. Consent
Formal REQUISITES OF MARRIAGE:
1. Authority of the Solemnizing Officer
2. Valid Marriage License
3. Marriage Ceremony
LEGAL CAPACITY: ESSENTIAL REQUISITE
Technical meaning of Legal Capacity under Article 5 of the Family Code: “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.”
Three (3) components of Legal Capacity:
1. Age requirement
Both of the contracting parties must be at least 18 years of age
Below 18, marriage is void from the beginning
If aged 18 to 20: parties must obtain a parental consent. Without
parental consent, the marriage is voidable and may be annulled
pursuant to Article 45 of the Family Code.
If 21 to 25: parties must obtain parental advise.
ABSENCE OF PARENTAL ADVICE: The validity of the marriage is
not affected. If the parties do not obtain such advice, or if it be
unfavorable, the marriage license shall not be issued till after three (3)
months following the completion of the publication of the application. If
the marriage license is issued before the lapse of this period, then the
responsible parties shall be civilly, criminally and administratively
liable.
2. Sex of the parties
They must be Male and Female
Sex of a person is determined by BIRTH visually done by the birth
attendant (physician or midwife) by examining the genitals of the infant.
3. Absence of legal impediments mentioned in Articles 37 and 38 of the Family
Code
THE FOLLOWING CONTRACTING PARTIES ARE NOT ALLOWED TO
MARRY EACH OTHER:
a. Between ascendants and descendants of any degree
b. Between brothers and sisters, whether full or half blood
c. Between collateral blood relatives
d. Between step-parents and step-children
e. Between parents-in-law and children-in-law
f. Between the adopting parent and the adopted child
g. Between the surviving spouse of the adopted child and the adopter
h. Between an adopted child and a legitimate child of the adopter
i. Between adopted children of the same adopter
j. Between parties where on, with the intention to marry the other, killed that other
person’s spouse, or his or her own spouse
CONSENT: ESSENTIAL REQUISITE
a. MANIFESTATION OF CONSENT
How is Consent shown? There must be PHYSICAL assent to the contract. The
contracting parties must “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.”
b. INTENT OR MOTIVE
The good faith or bad faith of the parties does not affect the validity of the
marriage as long as the essential and formal requisites are present.
EXCEPTION: the subsequent marriage referred in Article 41 of the Family Code
is considered void ab initio if both spouses acted in bad faith.
VALID MARRIAGES: Not only by reason of Love. Other considerations not
precluded by law may validly support a marriage. (Ex: money, status etc)
c. CONSENT MUST BE FREELY GIVEN
It must be: a) Freely given and b) made in the presence of a solemnizing
officer
Consent must be real in the sense that it is not vitiated nor rendered
defective by any of the vices of consent under Articles 45 and 46 of the
Family Code such as: FRAUD, FORCE, INTIMIDATION, and UNDUE
INFLUENCE.
Consent must be CONSCIOUS or INTELLIGENT: the parties must be
capable of intelligently understanding the nature of and both the beneficial or
unfavourable consequences of their act
Their understanding should not be affected by INSANITY, INTOXIFICATION,
DRUGS or HYPNOTISM
