ESSENTIAL REQUISITES OF MARRIAGE: Age Legal Capacity [Art. 5]

Male or female 18 years old and above, not under any impediments mentioned in Art. 37 (incestuous marriage) & Art. 38 marriage against public policy), may contract marriage.

Must be male and female
Jones v Hallahan, (1973): Application for marriage license was denied since marriage is defined by law as a contract entered into between a man and a woman.

Goodridge v. Dept. of Public Health, (20 03): Same-sex couples should not be denied the same benefits as heterosexual couples; the right to marry includes the right to choose who to marry.

Silverio v Republic, (2007): Changing of gender in one’s birth certificate was denied; otherwise, it would result
in confusion and would allow marriage between persons of the same sex which is in defiance of the law, as marriage is a union between a man and a woman.
Note: The best source for citing the requirement (of male/female) is still statutory, as provided explicitly in the Family Code.

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Celmar
Celmar
2 months ago

Sir atty legal or valid po yun merriage contract tapus yun babae is 16 pa nun ikinasal sila?? Itinago lng kasi nila na under age pa yun babae kaya nakasal po sila!! Antay po ako sa sagot nyo!! Salamat po

jhe
jhe
1 year ago

good pm.. can i ask po kung valid po ung marriage without marriage license?