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The Family Code of The Philippines

This document outlines marriage laws in the Philippines. It defines marriage as a contract between a man and woman intended to establish family life. There are essential requirements for a valid marriage, including legal capacity and consent of both parties. Formal requirements include authority of the officiant, a valid marriage license (except in special cases), and a ceremony where the parties declare they take each other as husband and wife in front of two witnesses. Absence of essential requirements makes a marriage void from the beginning, while defects or irregularities in formal requirements do not affect validity but make the responsible party liable. People aged 18 or older without impediments can marry. Religious rites are not required; the key elements are the parties' declaration of

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150 views12 pages

The Family Code of The Philippines

This document outlines marriage laws in the Philippines. It defines marriage as a contract between a man and woman intended to establish family life. There are essential requirements for a valid marriage, including legal capacity and consent of both parties. Formal requirements include authority of the officiant, a valid marriage license (except in special cases), and a ceremony where the parties declare they take each other as husband and wife in front of two witnesses. Absence of essential requirements makes a marriage void from the beginning, while defects or irregularities in formal requirements do not affect validity but make the responsible party liable. People aged 18 or older without impediments can marry. Religious rites are not required; the key elements are the parties' declaration of

Uploaded by

Dewmabel Baconawa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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TITLE I

MARRIAGE
THE FAMILY CODE OF THE
PHILIPPINES
Article I
Marriage is a special contract for permanent union
between man and woman entered into in accordance
with law for the establishment conjugal and family
life. It is the foundation of family, and an inviolable
social institution whose nature, consequences,
incidents are governed by law and not subject to
stipulation except that marriage settlement may fix
he property relations during marriage within the
limits provided by this code.
Article II
No marriage shall be valid unless the following
essential requisites are present:

Legal capacity of the contracting party who must be male and
female
Consent Freely given in the presence of the solemnizing officer

Article III
The formal requisites of the marriage are:

Authority of the solemnizing officer
Valid marriage license except for the cases provided for chapter 2
of this title
A wedding 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 that two witnesses of legal age
Article IV
The absence of the essential and formal requisites shall render
the marriage void ab initio, except as stated in article 35(2)

A defects of essential requisites shall render the marriage
voidable.

An irregularities of formal requisites shall not affect the validity
of the marriage but the party or parties responsible for the
irregularities shall civilly, criminally, or administratively liable.
Article V
Any male or female of the age of 18 years and upward not
under the impediment mentioned in article 37 and 38 may
contract marriage.
Article VI
No prescribe form of religious rites 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 their contracting parties
and their witnesses and attested by the solemnizing officer.

In case of 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 marrige to write the
name of the said party, which fact shall be attested by the
solemnizing officer.
A marriage may be solemnize by:
An incumbent member of the judiciary within the courts
jurisdiction
Any priest, rabbi, imam or minister of church of religious sect
authorized by his church or religious sect, registered in the civil
registrar general, acting within the limits of written authority
granted to him or her by his or her church o religious sect and
provided that either one of the contracting party is a member of
the solemnizing officers church or religious sect.
Any ship captain or plain chief only in cases mentioned in article
31
Any military commander of the unit, in which chaplain is
assigned, in the absence of the latter during military operation,
likewise only in the cases mentioned in article 32
Any consul general, consul and vice consul in the case provided in
article 10.

Article VII
1. Authorized by his or her church or religious sect.
2. Must act within the limits of written authority granted by him or
her by his or her church or religious sect.
3. Must be registered in the civil registrar general
4. Either one of the contracting party is a member of the
solemnizing officers church or religious sect.

Priest, rabbi, imam or minister (essential
requisites)
1. The marriage must be in articulo mortis
2. The marriage must be between the passenger or the crew
member
3. Generally, the ship must be at the sea or plane must be in flight.
Ship captain or airplane chief(essential
requisites)
1. He must be a military commander in a unit
2. He must be a commission officer
3. There is a chaplain assigned in such unit
4. The chaplain is absent during the marrige
5. The marriage must be in articulo mortis
6. The contracting parties whether members of the armed forces of
the philippines or civilian must be in the zone of military
operations.
Military commander(essential requisites)
1. Consul general
2. Consul
3. Vice consul
Heads of consular post (essential requisites)

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