Family Code of the Philippines:Requisites of a Valid Marriage

Art. 1, FC. 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) Essential Requisites (Art. 2)
(a) Legal Capacity of the contracting parties, who
must be a male and a female
(b) Consent (of the parties) freely given in the
presence of a solemnizing officer.
(2) Formal Requisites (Art. 3)
(a) Authority of solemnizing officer
(b) A valid marriage license
(c) Except: Marriages in articulo mortis or when
one or both parties are at the point of death
(d) Marriage Ceremony:
(i) Appearance of contracting parties in the
presence of a solemnizing officer
(ii) Personal declaration that they take each
other as husband and wife in the presence of
not less than 2 witnesses


5 Responses

  1. Is the marriage valid if the solemnizing officer that performs the marriage is the vice-mayor but the signature in the marriage certificate is from the mayor? The mayor is not actually present in the marriage ceremony.

  2. I want to file a case for husband which I found having an affair with another or a gay. With that, the very reasons why our marriage won’t ever work out even if he decided to marry me due because he wanted to hides his true identity as a gay. I feel so betrayed, depressed and frustrated that I have this kind of partner who’s not just broke my trust but truly broke me into pieces.,makes me feels so failed and giving up because until now he’s not telling anything abouts the issues that needs to deal with me. Concerning our children… I want a full support and if in case of failure to do his responsibilities I want him in jail. Also, I want to file an separation of our marriage since he cannot perform being husband to me anymore. Please advice. Thanks so much for the great help.

  3. Good afternoon. I am a teacher and I am married but me and my husband are now separated but not yet legally. If ever i got pregnant by another man will it be a ground for my termination from the service? Thank you in advance for your reply.

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