Void vs Voidable

Nature
How to assail
Who may assail
Effects
Prescription

Voidable
Valid until annulled
Direct
Contracting parties
Children: legit
Property: ACP/CPG/SP
Article 46

Void
Void from the beginning
Collateral/direct
Anyone
Children: Illegitimate
Property: art. 148, 147
No prescription

Essential requisites

legal capacity
consent freely given

Formal

Authority of the solemnizing officer

Exemption
- either or both of the party is in good faith believing that the solemnizing officer
has the authority to solemnized marriage.
Valid marriage license
Exemptions
- articulo mortis
- Residence of either party is located where theres no means of transportation
- Marriages among muslims or among members of ethnic cultural communities
provided that they solemnized their marriage in accordance with their customs
or practices
-man and a woman living together as husband and wife for 5 years without any
legal impediments
Marriage ceremony

Who can solemnize marriage? Art 7

1. Any incumbent member of the judiciary within courts jurisdiction
SC/ CA/ SANDIGANBAYAN has national scope (anywhere in phil)
Judges who are appointed to specific jurisdictions may officiate in wedding only
within the said areas and not beyond.
2. Priest/ rabbi/ imam or minister of any church
Must be duly authorized by his or her church or religious sect
Must act within the limits of the written authority granted to him or her by the church
Must be registered with the civil registrar general
At least one of the contracting parties belongs to his or her religious sect

3. Ship captain and airplane chief

Marriage must be articulo mortis
Marriage must be between passengers or crew members
Generally, the ship must be at sea or plane must be in flight
Note: assistant pilot has no authority to solemnized marriage.
Marriages can be solemnized during stopovers at ports of call.
4. Military commander
He or she must be a military commander
He or she must be a commissioned officer
Chaplain must be assigned to such unit
Said chaplain must be absent at the time of the marriage
Marriage must be articulo mortis
Contracting parties, whether members are armed forces or civilians within the zone of
military operation
Art 26- marriages solemnized abroad are valid provided that, it is in accordance with the laws in force in
the country where they are solemnized.
Exemptions:
-art 35 (1), (4), (5) and (6), 36, 37, and 38
Marriage between Filipino and foreigner
Foreigner should be the one to obtain divorce in order for the Filipino to remarry. If the Filipino
is the one who obtained divorce, he or she is still married with foreigner under the Philippine
laws.
When 2 filipinos got married in the Philippines and one of the parties became a citizen of