Chapter 1.
Requisites of Marriage
1. Definition of Marriage (Article 1)
-M.C.U.
• Marriage: Special contract of permanent union
• Contracting parties: Male and female
• Union: For conjugal and family life
Marriage is a permanent union between a man and a woman, governed by law. The parties
cannot stipulate on its nature, but they can agree on property relations through marriage
settlements.
2. Essential Requisites of Marriage (Article 2)
- L.C.
• Legal capacity of male and female parties
• Consent freely given in the presence of a solemnizing officer
3. Formal Requisites of Marriage (Article 3)
- SAM
• Solemnizing officer with authority
• A valid Marriage license (exceptions in Chapter 2)
• Marriage ceremony with the contracting parties and two witnesses
4. Effects of Absence or Defects in Requisites (Article 4)
-V-D-I
• Void ab initio: Absence of any essential or formal requisite
• Defective essential requisite: Marriage is voidable
• Irregular formal requisite: Marriage is valid, but the parties responsible are liable
5. Age Requirements for Contracting Marriage (Article 5)
-18 and up, clear of impediments
• Any male or female at least 18 years of age, not under impediments (Articles 37 and 38),
may marry.
6. Solemnization and Religious Rites (Articles 6-7)
- W.W.C.
• Witnesses: At least two, of legal age
• Written declaration: Contracting parties declare each other as spouses
• Consent and solemnization: By a duly authorized solemnizing officer (judge, priest,
military commander, etc.)
7. Marriage License and Exceptions (Articles 9-10)
- L-F-E
• Local Civil Registrar: Where either party habitually resides issues the license
• Foreign Marriage: Filipino citizens abroad may marry before a consul-general or vice-
consul
• Exceptions: No license is required in cases covered by Chapter 2
8. Documents for Marriage License (Articles 11-14)
- B-A-P-C
• Birth or baptismal certificates
• Application for the license
• Parental consent for parties aged 18-21
• Counseling certificate (if required)
9. Parental Consent and Advice (Articles 14-16)
-Consent 18-21, Advice 21-25
• Parental consent needed for parties 18-21
• Parental advice required for parties 21-25; if unfavorable, wait 3 months for the license
10. Marriage Counselling (Article 16)
- C-3
• Certificate of Marriage Counseling is required for certain cases
• If absent, marriage license issuance is suspended for 3 months
11. Public Notice and Impediments (Articles 17-18)
- 10 Days Notice
• Notice of the marriage application must be posted for 10 consecutive days at the Local
Civil Registrar’s office.
12. Foreigners Contracting Marriage (Article 21)
- C.A.L.
• Certificate of legal capacity to marry
• Affidavit for stateless persons or refugees
• Legal capacity from diplomatic or consular officials
Chapter 2. Marriages Exempted from License Requirement
1. Marriage in Articulo Mortis (Articles 27, 29, 31, 32)
-M.A.P. (Mortis, Ailing, Pilot)
• Marriage without license if one or both parties are at the point of death (Article 27)
• Affidavit: Solemnizing officer must execute an affidavit stating the marriage was in
articulo mortis and verify the absence of legal impediments (Article 29)
• Pilot and military officers can solemnize marriages in articulo mortis on planes, ships,
or within military operations (Articles 31, 32)
2. Lack of Transportation (Articles 28, 29)
- No Go, No Show
• No Go: If no transportation is available for one party to personally appear at the local
civil registrar, no license is required (Article 28)
• No Show: The solemnizing officer must execute an affidavit stating that no
transportation was available, verifying the absence of legal impediments (Article 29)
3. Submission of Affidavit and Marriage Contract (Article 30)
- A.M.C. (Affidavit, Marriage Contract)
• Affidavit and Marriage Contract must be submitted to the local civil registrar within 30
days after the marriage (Article 30)
4. Muslim and Ethnic Community Marriages (Article 33)
-M.E. Customs
• Muslim or Ethnic marriages are valid without a marriage license if solemnized according
to their customs, rites, or practices (Article 33)
5. Five-Year Cohabitation Rule (Article 34)
- L.C.C. (Lived, Cohabited, Confirmed)
• Lived together as husband and wife for at least 5 years
• Cohabitation must be continuous and without any legal impediment to marry
• Confirmation: Affidavit stating the facts and qualifications must be executed by the
contracting parties and the solemnizing officer (Article 34)
6. Key Officers Who Can Solemnize Marriages Exempt from License (Articles 31, 32)
- C.O.P. (Captain, Officer, Pilot)
• Captain of a ship
• Officer in a military zone
• Pilot of an airplane
Summary
1. M.A.P. – Marriage in articulo mortis
2. No Go, No Show – Lack of transportation
3. A.M.C. – Affidavit and Marriage Contract submission
4. M.E. Customs – Muslim and Ethnic marriages
5. L.C.C. – Five-year cohabitation
6. C.O.P. – Officers authorized to solemnize marriages
Chapter 3. Void and Voidable Marriages
Void Marriages (-IMPS-IDV)
Void from the beginning due to:
1. I - Infants: Party below 18 years old (Art. 35[1])
2. M - Misleading solemnizer: Unauthorized solemnizing officer, but with good faith belief
of authority (Art. 35[2])
3. P - Paperless: No marriage license, except those exempted (Art. 35[3])
4. S - Serial marriages: Bigamous or polygamous (Art. 35[4])
5. I - Identity confusion: Marriage contracted under a mistake as to the identity of the other
party (Art. 35[5])
6. D - Duplicate marriage under Art. 53: Marriage subsequent to an unrecorded judgment
of nullity (Art. 35[6])
7. V - Void under Art. 36: Psychological incapacity (Art. 36)
Incestuous Marriages (- AAD-BS)
Incestuous marriages (Art. 37):
1. A - Ascendants and descendants of any degree
2. D - Direct siblings: Between brothers and sisters (whether full or half-blood)
Marriages Void for Public Policy (-C-SSPAKK-A)
Prohibited for reasons of public policy (Art. 38):
1. C - Collateral relatives up to the fourth civil degree
2. S - Step-parents and step-children
3. S - Surviving spouse of adopter and adopted child
4. P - Parents-in-law and children-in-law
5. A - Adopted child and legitimate child of adopter
6. K - Killer of spouse and intended future spouse (murder motivated by marriage)
7. K - Killer of own spouse and intended future spouse
8. A - Adopted children of the same adopter
Prescriptive Periods for Void Marriages: None (Art. 39)
• The action or defense for absolute nullity does not prescribe.
Annulment of Marriage (- YMFIF-SD)
Grounds for annulment (Art. 45):
1. Y - Youth: Under 21 without parental consent (Art. 45[1])
2. M - Mental incapacity: Unsound mind at the time of marriage (Art. 45[2])
3. F - Fraud: Consent obtained by fraud (Art. 45[3])
4. I - Intimidation: Consent obtained by force or intimidation (Art. 45[4])
5. F - Failure to consummate: Physical incapacity to consummate (Art. 45[5])
6. S - Sexually transmitted disease (STD): Serious and incurable STD (Art. 45[6])
7. D - Deception: Concealment of vital facts such as pregnancy or conviction (Art. 46)
Effects of Annulment or Declaration of Nullity (-PCD-INR)
Legal consequences after termination (Art. 43, 44, 50):
1. P - Property liquidation and division
2. C - Custody and support of children
3. D - Dissolution of absolute community/conjugal partnership
4. I - Inheritance disqualification for spouse in bad faith
5. N - Net profits forfeited for the guilty spouse
6. R - Revocation of donations and insurance benefits for bad faith
Prescription for Annulment Action (-MIF-SM)
Time frame to file annulment action (Art. 47):
1. M - Minors: For lack of parental consent – within 5 years after reaching 21 (Art. 47[1])
2. I - Insanity: By the sane spouse or relative before death or after regaining sanity (Art.
47[2])
3. F - Fraud: 5 years from discovery (Art. 47[3])
4. S - Stress: Force, intimidation, undue influence – 5 years from cessation (Art. 47[4])
5. M - Medical incapacity (Art. 45[5][6]): 5 years after the marriage
