Possible enumeration

Essential requisites(Art 2)

- Legal capacity of the parties who must be male and female

- Consent freely given in the presence of a solemnizing officer

Formal requisite

- Authority of the solemnizing officer

- Valid marriage license
- Marriage ceremony

Marriage can be solemnized by

- Incumbent member of the judiciary

- Priest, rabbi, imam or minister of any religious sect
- Ship or airplane chief
- Military commander of the unit
- Consul general, consul, vice consul

Void ab initio

- Contracted by any party below 18 years old

- Solemnized by a person not legally authorized to perform marriages unless either both parties contracted with either or
both believing in good faith that the solemnizing office had the legal authority to do so.
- Solemnized without a license
- Bigamous or polygamous marriage
- Contracted through mistake
- Subsequent marriage

- Psychological incapacity
- Incestuous
 Collateral blood relatives up to the fourth civil degree
 Step parents and step children
 Parents in law and children in law
 Adopting parent and adopted child
 Surviving spouse of the adopting parent and the adopted child
 Surviving spouse of the adopting child and adopter
 Adopted child and legitimate child
 Adopted children of the same adopter
 one who killed the other person’s spouse or his own spouses, with the intention to remarry

Cases

Sex change

Silverio vs Republic

- Not covered in article 2

- Biological sex change
- Supreme Court rejected the petition and ruled that sex is determined by visually looking at the genitals of a baby at the time of birth
is immutable and that there is no law recognizing gender sex reassignment.

Republic vs Cagandahan

- Intersex person
- The current state of Philippine statutes apparently compels that a person be classified as either male or female, but the Court is not
controlled by mere appearances what nature itself fundamentally negates such rigid classification.
- Supreme court considered the person as an intersex individual and granted preference of the person to be considered as the
opposite sex. To him should belong the primordial choice of what courses of action to take along the path of his sexual development
and maturation
- The Court does no more that give respect to the diversity of nature, and how an individual deals with what nature has handed out.
 Psychological Incapacity

Tan Andal vs Andal

- Mario was psychologically incapacitated of complying with his marital obligations. Marriage is void ab initio
- Burden of proof of psychological incapacity belongs to the plaintiff. Any doubt should be resolved in favor of the marriage.
- Incapacity must be psychological, not physical, not mental. No need to label a person as having a mental disorder just to obtain a
nullity of marriage.
- PI must be proven to exist AT THE TIME OF THE CELEBRATION OF THE MARRIAGE and SHOWN TO BE MEDICALLY AND CLINICALLY
INCURABLE. It may be absolute or even relative only regarding the other spouse.
- Incapacity must be related to the assumption of marriage obligations. Downright incapacity or inability, and not a refusal, neglect or
difficulty, much less ill will.
- A medical examination is NOT REQUIRED. The Court needs THE TOTALITY OF EVIDENCE PRESENTED IS ENOUGH TO SUSTAIN A
FINDING OF PSYCHOLOGICAL INCAPACITY. Ordinary witnesses may testify on behaviors that they have consistently observed from the
incapacitated spouse.
- PI must be incurable but in a legal sense, antithetical. It must be so enduring and persistent with respect to a specific partner and
contemplates a situation where the couples respective personality structure are so incompatible and antagonistic that the only result
of the union would be an inevitable and irreparable breakdown of the marriage.

Foreign Divorce

Republic vs Manalo

- Article 26 is a corrective measure to address the anomaly where the Filipino spouse is tied to the marriage while the foreign spouse
is free to marry under the laws of his or her country.
- Extended as a means to recognize the residual effect of the foreign divorce decree on Filipinos whose marital ties to their alien
spouses are severed by operation of the foreign national law.
- Court must discharge its primary role as vanguard of constitutional guarantees.
-

Fujiki vs Marinay

- A foreign judgment relating to the status of a marriage affects the civil status, condition and legal capacity of its parties. However, the
effect of a foreign judgment is not automatic. To extend the effect of a foreign judgment in the Philippines, Philippine courts must
determine if the foreign judgment is consistent with domestic public policy and other mandatory laws. Article 15 of the Civil Code
provides that "laws relating to family rights and duties, or to the status, condition and legal capacity of persons are... binding upon
citizens of the Philippines, even though living abroad." This is the rule of lex nationalii in private international law. Thus, the
Philippine State may require, for effectivity in the Philippines, recognition by Philippine courts of a foreign judgment... affecting its
citizen, over whom it exercises personal jurisdiction relating to the status, condition and legal capacity of such citizen.
- A petition to recognize a foreign judgment declaring a marriage void does not require relitigating under a Philippine court of the case
as if it were a new petition for declaration of nullity of marriage. Philippine courts cannot presume to know the foreign laws under
which the... foreign judgment was rendered. They cannot substitute their judgment on the status, condition and legal capacity of the
foreign citizen who is under the jurisdiction of another state. Thus, Philippine courts can only recognize the foreign judgment as a
fact according to... the rules of evidence.

Corpuz vs Sto Tomas

- Only the Filipino spouse can invoke the second paragraph of Article 26 of the Family Code; the alien spouse can claim no right under
this provision.
- Section 24, Rule 132 of the Rules of Court comes into play. This Section requires proof, either by (1) official publications or (2) copies
attested by the officer having legal custody of the documents. If the copies of official records are not kept in the Philippines, these
must be (a) accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine foreign service
stationed in the foreign country in which the record is kept and (b) authenticated by the seal of his office.

The records show that Gerbert attached to his petition a copy of the divorce decree, as well as the required certificates proving its
authenticity, but failed to include a copy of the Canadian law on divorce. Under this situation, we can, at this point, simply dismiss
the petition for insufficiency of supporting evidence, unless we deem it more appropriate to remand the case to the RTC to
determine whether the divorce decree is consistent with the Canadian divorce law.