IMPORTANT LEGAL MATTERS FOR
MARRIAGE
In the Philippine Context, there are two types of
marriage requisites, the essential and formal
requisites
ESSENTIAL REQUISITES OF MARRIAGE
Article 2 of the Family Code of the Philippines
stated that, to be a valid contract, a marriage
must have all the essential and formal requisites
prescribed by law. The two essential requisites
for a valid marriage are:
1. Contracting parties must be male and
female and have the legal capacity to
enter into marriage, and
2. Consent of the contracting parties must
be freely given before a solemnizing
officer.
In Article 3 of the Family Code of the
Philippines, The formal requisites of marriage
are the following:
1. Authority of the solemnizing officer;
Who are authorized to solemnize
marriage?
According to Article 7 of the Family
code, Marriage may be solemnized by:
(1) Any incumbent member of the
judiciary within the court’s jurisdiction;
(2) Any priest, rabbi, imam, or minister
of any church or religious sect duly
authorized by his church or religious
sect and registered with the civil
registrar general, acting within the limits
of the written authority granted by his
church or religious sect and provided
that at least one of the contracting
parties belongs to the solemnizing
officer’s church or religious sect;
(3) Any ship captain or airplane chief
only in the case mentioned in Article 31,
which stated that A marriage in articulo
mortis between passengers or crew
members may also be solemnized by a
ship captain or by an airplane pilot not
only while the ship is at sea or the plane
is in flight, but also during stopovers at
ports of call.
(4) Any military commander of a unit to
which a chaplain is assigned, in the
absence of the latter, during a military
operation, likewise only in the cases
mentioned in Article 32, which stated
that Marriage in articulo mortis between
passengers or crew members may also
be solemnized by a ship captain or by an
airplane pilot not only while the ship is
at sea or the plane is in flight, but also
during stopovers at ports of call.
(5) Any consul-general, consul or vice-
consul in the case provided in Article
10. The issuance of the marriage license
and the duties of the local civil registrar
and of the solemnizing officer with
regard to the celebration of marriage
shall be performed by said consular
official
1. A valid marriage license except in the
cases provided for in Chapter 2 of this
Title; and
2. 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.
NOTE: In Article 4, The absence of any of the
essential or formal requisites shall render the
marriage void ab initio, except as stated in
Article 35. Void Ab Initio means, “Having no
legal effect from inception.” In other words, a
marriage that is void Ab Initio simply means
that the contract was invalid right from the start.
RIGHTS AND OBLIGATIONS BETWEEN
HUSBAND AND WIFE ACCORDING TO EO
209, s. 1987.
Art. 68. The husband and wife are obliged to
live together, observe mutual love, respect and
fidelity, and render mutual help and support.
Art. 69. The husband and wife shall fix the
family domicile. In case of disagreement, the
court shall decide.
The court may exempt one spouse from living
with the other if the latter should live abroad or
there are other valid and compelling reasons for
the exemption. However, such exemption shall
not apply if the same is not compatible with the
solidarity of the family.
Art. 70. The spouses are jointly responsible for
the support of the family.
Art. 71. The management of the household shall
be the right and the duty of both spouses.
Art. 72. When one of the spouses neglects his or
her duties to the conjugal union or commits acts
which tend to bring danger, dishonor or injury to
the other or to the family, the aggrieved party
may apply to the court for relief.
Art. 73. Either spouse may exercise any
legitimate profession, occupation, business or
activity without the consent of the other. The
latter may object only on valid, serious, and
moral grounds.
In case of disagreement, the court shall decide
whether or not:
(1) The objection is proper; and
(2) Benefit has occurred to the family prior to
the objection or thereafter. If the benefit accrued
prior to the objection, the resulting obligation
shall be enforced against the separate property of
the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the
rights of creditors who acted in good faith.
8 ESSENTIALS OF A HEALTHY
MARRIAGE
After embracing a minimalist lifestyle, Joshua
Becker, an american author and his family
learned to invest their money, energy, and time
into the 8 essentials of a healthy marriage
1. Love and Commitment
Being committed to another person is
the essence of love. Commitment is an
important aspect of marital happiness
and satisfaction. Choosing to get
married means you're dedicated to it
through the good and the bad.
Commitment is simple when everything
is going well, but true love shows itself
by sticking together despite difficulties.
2. Sexual Faithfulness
Sexual faithfulness in marriage
encompasses more than just our physical
selves. Our eyes, minds, hearts, and soul
are also a part of it.
3. Humility
Humility is a crucial quality in healthy
relationships. It fosters personal
development and feeds our primal need
for connection. Connection, which is the
foundation upon which hope, purpose,
and meaning flourish, is produced
through humility.
4. Patient/Forgiveness
It means humbly admitting their own
faults and not expecting perfection from
their partner.
5. Time
Relationships require time investment to
work. Intentional, quality time spent
together is essential for any relationship
to flourish. And when quantity time is
lacking, quality time rarely occurs.
6. Honesty and Trust
Aside from love, Everything in a
successful marriage is built on trust and
honesty. Lack of trust will undoubtedly
 lead to separation in a marriage. Spouses
won't ever feel at ease in a relationship
without trust. This lifestyle is not only
uncomfortable, but it is also very
stressful and draining.
7. Communication
Communication in a marriage plays a
much more vital role than we can
fathom. The key to a healthier
relationship with your spouse is to have
clear channels of communication with
them. This will foster trust and
understanding.
8. Selflessness
In a relationship, selfless love is crucial
because it demonstrates how much you
cherish both your partner and the union
itself.