ARTICLE 1 : Marriage is a special contract of permanent union between a man 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.

ARTICLE 2 : essential requisites

1. Legal capacity of the contracting parties who must be a male and a female
2. Consent freely given in the presence of the solemnizing officer.

ARTICLE 3
1. Authority of the Solemnising officer
2. A valid marriage license except in cases provided for in Chapter 2 of this title
3. A marriage ceremony
Takes place with the appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each other as husband and
wife in the presence of not less than two witnesses of legal age.

Article 11 – specifications of sworn application

1. Full name of the contracting party
2. Place of birth
3. Age and date of birth
4. Civil status
5. If previously married, how, when where the previous marriage was dissolved or
annulled
6. Present residence and citizenship
7. Degree of relationship of the contracting parties
8. Full name, residence and citizenship of the father
9. And mother
10. Of guardian or person having charge, in case contracting party has neither father nor
mother and is under the age of twenty one years
Article 12 marriage certificate
1. Full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence
3. The date and precise time of the celebration of the marriage
4. Proper marriage license has been issued according to law.
5. That either or both of the contracting parties have secured the parental consent in
appropriate cases
6. That either or both if the contracting parties have complied with the legal requirement
regarding parental advice in appropriate cases
7. That the parties have entered into a marriage settlement, if any, attaching a copy
thereof

Marriages exempt from license requirement

Art 27 either or both contracting parties are at the point of death

Art 28 no means of transportation to appear personally before local civil registrar
Art 31 articulo mortis between passengers or crew members
Art 32 military commander, who is a commissioned officer can solemnize. Srticulo mortis within
the zone of military operation
Art 33 marriages among muslims or of ethnic cultural communities

Art 35 Void ab initio

1. Those contracted by any party below 18 yrs of age even with the consent of parents or
guardians.
2. Those solemnized by any person not legally authorized to perform marriages
3. Those solemnized without a license
4. Bigamous and polygamous marriages not falling under art 41
5. Those contracted through mistake of fact of one of contracting party as to the identity of
the other;
6. Subsequent marriage that are void under article 53
Article 37 incestuous and void from the beginning
1. Between ascendants and descendants of any degree
2. Between brothers and sisters, whether he full or half blood

Article 38 void ab initio for reasons of public policy

1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth
civil degree.
2. Between step-parents step-children
3. Between parents-in-law- children-in-law
4. adopting parent - adopted child
5. surviving spouse of the adopting parent - adopted child
6. surviving spouse of the adopted child - adopter
7. adopted child - legitimate child of the adopter
8. adopted children of the same adopter
9. Between parties where one, with intention to marry other, killed that other person’s
spouse of his or her own spouse.

Article 43 effects of termination of subsequent marriage

1. Children of subsequent marriage conceived prior to its termination, shall be
considered legitimate. Custody and support be determined by court.
2. ACP or CP be dissolved or liquidated
3. Donations remain valid except if donee contracted in bad faith
4. Innocent spouse may revoke the designation of the other spouse who acted in bad
faith
5. Spouse who contracted in bad faith shall be disqualified to inherit from innocent
spouse

Article 45 may be annulled , existing at the time of the marriage

1. Party whose behalf it is sought to have marriage annulled was 18 yrs of age but below 21
2. Unsound mind
3. Consent was obtained by fraud
4. Consent was obtained by force, intimidation or undue influence
5. Either party was physically incapable of consummating marriage (such incapacity
continues and appears to be incurable)
6. Afflicted with a sexually transmissible disease found to be serious and incurable
 Article 46 shall constitute fraud referred to in number 3 of preceding article

1. Non-disclosure of previous conviction by final judgment of other party

2. Concealment of wife of the fact she was pregnant by a man other than his husband
3. Concealment of sexually transmissible disease
4. Concealment of drug addiction, habitual alcoholism and homosexuality or lesbianism

Art 47 Action for annulment

Article 55 petition for legal separation may be filed on any of the ff grounds

1. Repeated physical violence

2. Physical violence or moral pressure to change religious or political belief
3. Attempt of respondent to corrupt or induce the petitioner, common child, or a child of
the petitioner – to engage in prostitution, or connivance in such corruption or inducement
4. Final judgment sentencing the respondent to imprisonment of more than 6 years
5. Drug addiction or habitual alcoholism
6. Lesbianism or homosexuality
7. Subsequent bigamous marriage
8. Sexual infidelity or perversion
9. Attempt by respondent against life of the petitioner
10. Abandonment of the petitioner by respondent for more than one year

Art 56 petition for legal separation shall be denied in ff grounds

1. Aggrieved party has condoned the offense
2. Has consented to the commission of an offense
3. There is connivance between parties
4. Both parties have given ground for legal separation
5. There is collusion
6. Action is barred by prescription

Art 57 – action for legal separation shall be filed within 5 years from the time of the occurrence
of the cause. Art 58 be tried before 6 months have been elapsed since the filing of petition.