THE FAMILY CODE OF THE PHILIPPINES
relation.
Executive Order No. 209
August 3, 1988
Title I
MARRIAGE
Chapter 1: Requisites of Marriage
Article 1. Marriage as a Contract and Social Institution
(Concept)
Provision:
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. (52a)
Own Notes:
Marriage is:
 A special contract of a permanent union between a
man and a woman
 The foundation of the family
 An inviolable social institution
Purpose of Marriage:
 For the establishment of conjugal and family life
General Rule:
The nature, consequences, and incidents of marriage are NOT
subject to stipulation rather, it is governed by law.
Exception as to stipulation of Marriage:
As to property relations during the marriage, husband and
wife are allowed to stipulate or enter into marriage settlements.
However, the stipulation or settlements is within the limitation
imposed by law.
Note:
 Marriages BEFORE August 3, 1988 - governed by
Civil Code of the Philippines
 Marriages ON August 3, 1988 and AFTER - governed
by Family Code of the Philippines
RABUYA Notes:
Marriage as a Special Contract
- Marriage is a civil contract, a status, and/or a personal
- It is a contract established by law (Rights and Duties
incident to relationship came into being via law which
is NOT subject to the stipulation of the parties)
- It is a social institution regulated and controlled by the
State.
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Article 2. Validity of Marriage (Rule)
No marriage shall be valid, unless these essential requisites are
present:
1. Legal Capacity of the contracting parties who must be
a male and a female; and
2. Consent freely given in the presence of the
solemnizing officer.
Notes:
Invalid Marriages lack in the essential requisites of marriage
namely, Legal Capacity and Consent.
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Article 3. Formal Requisites of Marriage (Guide to
Construction)
The formal requisites of marriage are:
1. Authority of the Solemnizing officer;
2. A valid marriage license except in the cases provided
for in Chapter 2 of this Title; and
3. A marriage ceremony which 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.
(53a, 55a)
Notes:
Formal requisites of marriage are:
1. Solemnizing Officer (Authority)
2. Marriage License (Valid)
Exceptions (Marriages may be solemnized even
without marriage license):
a. Marriages in Articulo Mortis (At the point
of death);
b. Marriages in Remote Areas;
c. Marriages among Muslims or among
members of ethnic cultural communities
(Requirement: Marriage must be
solemnized in accordance with their customs,
rites or practices); and
d. Man and woman cohabiting for at least 5
years (Requirement: No legal impediment
to marry one another.)
3. Marriage Ceremony
 Requirements:
a. Appearance of the contracting parties before
the solemnizing officer;
b. Personal declaration that the contracting
parties take each other as husband and wife
in the presence of not less than two witnesses
(2 and above number of witnesses) of legal
age.

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Article 4. Classification of Invalid Marriages (Concept)

The absence of any of the essential or formal requisites shall

render the marriage void ab initio, except as stated in Article
35 (2).

A defect in any of the essential requisites shall render the

marriage voidable as provided in Article 45.

An irregularity in the formal requisites shall not affect the

validity of the marriage but the party or parties responsible for
the irregularity shall be civilly, criminally and administratively
liable. (n)

Notes:

Classification Description
Absence of ANY Exception: When
of the essential or the solemnizing
Void Ab Initio
formal requisites officer is
unauthorized.
Defect in ANY of
Voidable the ESSENTIAL
requisites