Requisites of Valid Marriage

1

ESSENTIAL REQUISITES
1. Legal Capacity
a. Man-woman (Gender)
b. Age (Below 18)Art. 35(1)
c. No prior marriage Art. 35(4)
d. Relationship --- Art. 37 and 38
2. Consent freely given
a. Art. 45 (Consent by parents)
b. Unsound mind
c. Consent obtained by fraud
d. Obtained by force
e. Physically incapable
f. Theres STD or Disease
g. Mistake of Identity
FORMAL REQUISITES
1. Solemnizing officer
a. 35(2)--- shall remain valid but with irregularities
i. Both parties must believe in good faith. The
person liable shall be sanctioned
ii. If theres a guilty party, then it shall be VOID
2. Marriage License
3. Marriage Ceremony
a. 2 witnesses
Other instances of void and voidable:
1. Art. 45 (marriage may be annulled)
2. Art. 53 and 36 ( Psychological incapacity)





1
VOID if not met
VOIDABLE if not met
MARRIAGES THAT ARE VOID FROM THE BEGINNING
1. Below 18
2. No solemnizing officer (unless contracted in good faith)
3. No Marriage license except in Article 34.
a. Art. 34Man and a woman living as husband and wife for
at least 5 years.
b. Also, Art. 27-33
4. Bigamous or polygamous Marriages
5. Mistake of identity Only marriage VOID because of consent

Article 147 Article 148
ELEMENTS
1. Man and a woman
2. Legal Capacity
3. Exclusive cohabitation or a
void marriage
4. Wage and Salaries
5. Property Acquired (special
coownership)
1. Same sex ?
2. No Legal Capacity (below
18)
3. No exclusive or actual
property ( limited
coownership)
2

CASES FALLING UNDER THEIR PROVISIONS
1. Art. 35 (3)still valid
2. Art. 35 (5)still has legal
capacity
3. Art. 35 (6)
4. Art. 36
5. Art. 38 (9)
1. Bigamous marriages (no
legal capacity)
2. Art. 37 (No legal capacity/
relationship)
3. Art. 38 (1-8)
** Article 147 and 148 talks about the 1
st
void marriage
Article 35(6)/53
Void subsequent marriages which did not meet the requirements for
annulment. (TALKS ABOUT THE 2
nd
MARRIAGE)
Only refers to 3 marriages:
1. Terminated Marriage Article 43 (Bulaga spouse)
2. Article 40 VOID
3. Annulled marriageArticle 45
** Article 53must mean the 2
nd
marriage of article 40.
**Remedy : Article 50-53 in relation to Art. 102
Procedure in actions for declaration of nullity

2
You have to prove that you actually contributed

Petition

Family Court

Summons

Answer Does not answer

Give to prosecutor to conduct investigation on collusion

Pre-trial

Trial

Judgment



Prior to the start of the petition, you may have a written agreement
with respect to the custody, needs and assistance of children.
Article 198During the Procedure
o Children shall be supported by the absolute property
regime
o Marriage is still valid during the procedure
o LEGAL SEPARATION: Guilty spouse shall provide
support


Action for annulment
of marriage
Action for declaration
of nullity
Legal separation
-prescribes
-VOIDABLE
marriage
-termination of
property relations
- may be filed by the
person other than the
spouse
-does not prescribe
-VOID marriage
- not terminate
property relations
since it is void from
the beginning. There
is nothing to
terminate.
-may only be filed by
either of the spouses..
-prescribes 5 years.
- does not terminate
the marriage
(marriage is still
VALID)
-shall govern property
relations only

***When may children be considered as legitimate in void marriages
Falling under Art. 43, 53 and 36.
*** Psychological incapacity vs. Insanity
- In psychological incapacity, theres personality disorders clearly
demonstrative of an utter insensitivity or inability to give meaning
and significance to marriage.
Marriage VALID without license MARCO
- Muslims and other religious sects not required
- Articulo Mortis
- Remote Places
- Cohabitation (5 yrs.)
- Outside the Philippines not requiring it.
Steps after legal separation
1. Dissolution of property
2. Liquidation of obligations and debt (payments)
3. Forfeiture of the guilty spouse of his share in the net profit from
CPG/ACP