Before You Say "I Do": The Essential and Formal Requisites of
Marriage in the Philippines
Choosing to marry is a major step that goes beyond romance. It carries with it several legal rights and responsibilities that may impact your future. The Family Code of the Philippines outlines all the essential and formal requisites of a valid marriage. Before saying “I do”, get to know these pre-conditions so you’ll be ready for a union that is not only meaningful but also legally recognized.
Marriage as an Inviolable Social Institution
Our courts have, time and time again, considered marriage as an inviolable social institution protected by the Constitution and the Family Code. The case of Tilar v. Tilar (G.R. No. 214529, July 12, 2017) gives us the assurance that our State has surrounded marriage with safeguards to maintain its purity, continuity, and permanence. After all, marriage is the foundation of Filipino families that build our very nation. As such, the State has a vested interest in preventing any condition that could destabilize or weaken marriage’s societal foundation.
In the Philippines, the requisites are divided into two: essential and formal. Essential requisites refer to the fundamental conditions that must be met for a marriage to be valid, while formal requisites refer to the procedural requirements.
Essential Requisites of Marriage - Essential Requisites of Marriage
For a marriage to be legally valid in our country, both parties must possess legal capacity, which means that they must be of the right age, have the mental ability to consent, and be free from any legal impediments, like a previous marriage that hasn’t been annulled or dissolved.
Being of right age means that you must at least be 18 years old. This will guarantee that both parties are mature enough to understand the legal rights and responsibilities involved in marriage.
Legal impediments also play a significant role. If your partner is still validly married to someone without an annulment, this will unfortunately result in a void marriage.
Philippine law also currently restricts marriage to heterosexual couples, which means that same-sex couples cannot fulfill the legal capacity requirement. One case reflecting this is Bautista v. Hon. Maceda (GR 186705, July 5, 2011), which upheld the traditional definition of marriage as a union between a man and a woman, emphasizing the legal obstacles faced by same-sex couples in seeking marital recognition.
Essential Requisites of Marriage - Consent Freely Given
The State remains committed to protecting marriages founded on mutual agreement, which leads us to another essential requisite for a valid marriage: consent. This is more than just a “yes” or an “I do” said in the wedding ceremony. In legal terms, it’s a deliberate, voluntary choice made without force, intimidation, or deceit. Consent given under any form of pressure can make your marriage voidable, giving one or both parties the legal right to seek annulment later on
Formal Requisites of Marriage - Authority of Solemnizing Officer
A solemnizing officer, whether it is a priest or judge, officiates the marriage ceremony and ensuring that the legal requirements are fulfilled. They serve as an instrument in upholding the integrity, legitimacy, and sanctity of marriage.
The Family Code made a mention of those who are authorized to solemnize wedding ceremonies. These include judges, priests, ministers, and other religious leaders, as well as certain government officials like mayors.
Marriages conducted by unauthorized individuals can be deemed invalid, unless the couple believed in good faith that the officiant has the legal authority.
Formal Requisites of Marriage - Marriage Ceremony and Presence of Witnesses
Whether it is a civil ceremony, religious program, or a cultural rite, the marriage ceremony is an essential symbol of your official union with your partner. As previously mentioned, it must take place in the presence of the solemnizing officer. Both parties must appear before the solemnizing officer and publicly declare their intention to marry, expressing their consent to take each other as husband and wife.
In addition to the solemnizing officer, the presence of at least two witnesses of legal age is vital. They will sign the marriage contract which will legitimize your union and act as the official document of your marriage. The witnesses serve as confirmation that your marriage validly ceremony took place and that you entered it voluntarily and with full awareness.
Formal Requisites of Marriage - Valid Marriage License
Another formal requisite is a valid marriage license. In the Philippines, this license acts as official permission granted by the state for a couple to marry. For some, this is one of the most tedious parts of preparing for a wedding. Be prepared to submit various documents to the Local Civil Registrar, attend pre-marriage counseling seminars, and wait for approval. Once the application is approved, a marriage license is issued, which is valid for 120 days and can be used anywhere in the Philippines.
Failing to secure a valid marriage license can render the marriage void ab initio, meaning it is void from the very beginning as if it never occurred. Hence, complying with this requirement is crucial for couples seeking a legally recognized marriage.
What are Void Marriages?
There are several instances where a marriage may be declared void ab initio or void from the very beginning. Some of them include when one party was underage during the time of marriage, when the consent was obtained through fraud, or when one was of unsound mind during the ceremony. A marriage performed by an unauthorized solemnizing officer also falls into this category.
A void marriage has no legal standing. They do not have rights and responsibilities concerning spousal support, inheritance, or conjugal properties. This can lead to complex legal issues on children and properties in the future.
If a marriage is declared void, couples may need to seek legal counsel to understand and resolve the potential ramifications. Remember that the law offers no remedy for void marriages except to address the underlying issues that caused the nullity in the first place.
Defective requisites also have consequences. For instance, if one party was underage during ceremony, the marriage might still be considered valid and intact. But the party responsible for such defect could face civil, criminal, or administrative liabilities. Additionally, if one party fails to disclose essential information, such as a previous marriage, this may result in civil liability for damages.
Conclusion: Ensuring a valid marriage
Getting married is such an exciting journey, but it’s important to know what you’re stepping into. Understanding the essential and formal requisites for marriage in the Philippines will make a big difference in your experience. As you prepare for this beautiful chapter in your life, Don’t hesitate to ask questions or seek advice as you prepare for this new chapter in your life.
How Ricasio Law can assist you?
Ricasio Law is a full-service law firm in the Philippines. Its team of law professionals can give you legal advice, legal representation, and guidance that can help you figure out the best thing to do. Get in touch with us right away to talk about your legal needs and how we can assist you.
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