A Brief Guide About Philippine Marriage: Requisites and Obligations
Saying yes to marriage is a big decision. A deliberate consideration of all relevant matters is a pre-requisite, especially the legalities. That being said, this article will serve as your brief guide about marriage in the Philippines.
Once you are decided to get married, you should bother ask yourself this question. Do I have all the essential requisites as provided by the law in order that our marriage will be held legal and valid?
The Family Code of the Philippines provides that when it comes to marriage, all these requisites must be present.
1. The couple to marry is a male and a female.
Obviously, same-sex marriage is illegal. And, even if you had your same-sex marriage in the US because it's legal there, your marriage contract and ceremony will not be recognized in the country.
Man to man relationship, same-sex marriage is illegal in the Philippines.
Woman to woman relationship (same-sex couple) is not yet totally accepted by Filipinos.
Is same-sex marriage law possible in the Philippines? A report by the GMA News and Public Affairs.
The Non-Acceptance of Same-sex Marriage in the Philippines by the GMA News and Public Affairs.
2. They are both 18 years old or more.
Provided that those who are 18 to 21 years of age must obtain parent or guardian's consent. Those who are otherwise 22 to 25 must get parental advice. But, this rule does not apply to Muslim community. Recall that Freddie Aguilar and teenage girlfriend, who was 16 years old, converted to Muslim so they can marry each other.
Freddie Aguilar marrying 16 years old lady in a Muslim wedding.
3. They ought not to be connected by blood up to fifth common degree.
Cousins and relatives within the 1st to 5th degree should not marry each other. Otherwise, it will be considered incestuous and therefore, invalid from the beginning.
There is an increasing number of incest reports in the Philippines. Watch this video.
4. They are without any past marriage commitment.
This includes pending annulment or legal separation case. This implies they are single, had been successfully annulled, or had obtained a foreign divorce that the Philippine courts honor.
Learn more about foreign divorce recognition in the Philippines by ATTY. JOYCE DOMINGO- DAPAT
5. They agree about the marriage on their own will.
Without any form of threat or intimation used, and this consent is expressly given with the priest, pastor or any authorized solemnizing officer around.
- THE FAMILY CODE OF THE PHILIPPINES : Executive Order No. 209 - FULL TEXT - CHAN ROBLES VIRTUAL LAW L
Full text of the Family Code of the Philippines [Executive Order No. 209]. Featured on the World Wide Web by The Law Firm of Chan Robles & Associates - Philippines.
So, was it all a "yes"? If so, you can now proceed to the four formal requisites. What are these?
Unlike the essential requisites, once any of these requisites is found invalid, the couple can still make it right without declaring the marriage void immediately.
1. Authority of the Solemnizing Officer
The religious clergyman has the authority to conduct marriage.
2. Legitimate Marriage Permit
The parties have obtained a legitimate marriage permit except for those instances provided by the law.
3. The Couple is Present
The bride and groom are present during the ceremony officiated by a solemnizing officer.
4. The Couple Have Witnesses
The couple proclaim that they take one another as spouse and wife with no less than two witnesses around.
Neglecting to conform to any of these key and formal requisites will make the marriage void, invalid from the earliest starting point, as though no wedding had happened.
Now, marriage comes with corresponding obligations not just to your family but specifically to your husband or wife. The Family Code provides that the newlywed should:
- live together
- show love and appreciation for one another
- loyal to each other at all times
- help one another
- decide on the family home together
What is your verdict?
With all these legal facts presented, are you absolutely ready for a lifetime commitment?