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 family code
o f t h e

philippines
DORADO-AMORES-amado-ESCOPETE-ALONTAGA
 Cover Page
Title Page
Table of Contents
Brief Description of the Topic

Table
of
Introduction to Family Code
Marriage Defined
Essential and Formal
requisites of Marriage
Marriage of Exceptional
Character

contents Void and Voidable Marriages

Authority to Solemnize
Marriages
Conclusion
References
Family Code intended to
supplant Book 1 of the Civil
Code of the Philippines
concerning persons and
family relations. The state, a
religious authority, or both
usually recognize marriage.
This discussion tries to brief
description
explain the chapters and
articles of marriage,
specifically its definition,
formal requisites, exceptional
characters, void and voidable
marriages, and the
solemnizing authorities that
lies under the family code.
INTRODUCTION
t o

FAMILY
CODE
 Executive Order No. 209, s.
1987
Is a legal document that
codifies family law in the
country. It covers various
FAMILY CODE aspects such as marriage,
legal separation ,rights and
obligations between spouses,
requisites of marriage,
parental authority, and
others.
The code shall take effect
one (1) year after the
completion of its
publication in a newspaper
of general circulation.
FAMILY CODE
There are still proposed
revisions made to further
enhance the Family Code of
the Philippines.
 In case either or both of the contracting parties, not
having been emancipated by a previous marriage,
are between the ages of eighteen and twenty-one,
they shall, in addition to the requirements of the
preceding articles, exhibit to the local civil registrar,
the consent to their marriage of their father,
mother, surviving parent or guardian, or persons
having legal charge of them, in the order

ARTICLE 14 mentioned. Such consent shall be manifested in

writing by the interested party, who personally
appears before the proper local civil registrar, or in
the form of an affidavit made in the presence of
two witnesses and attested before any official
authorized by law to administer oaths. The
personal manifestation shall be recorded in both
applications for marriage license, and the affidavit,
if one is executed instead, shall be attached to said
applications.
MARRIAGE
Marriage is the union of two individuals lifelong
commitment of loving and caring.

It is a bond based on love, trust, and mutual care,

symbolizing a lifelong commitment to each others
happiness and well-being.
Is a special contract of permanent union between
a man and a woman entered into in accordance
with the law for the establishment of conjugal and
family life.
 ESSENTIAL
a n d

FORMAL REQUISITES
o f

MARRIAGE
 Essential Requisites

Art. 2. No marriage shall be valid,

unless these essential requisites
are present:
FAMILY CODE (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.
 Formal Requisites

Art. 3. The formal requisites of

marriage are:
FAMILY CODE (1) Authority of the solemnizing
officer;
(2) A valid marriage license except
in the cases provided for in
Chapter 2 of this Title
 Formal Requisites

(3) A marriage ceremony which

takes place with the appearance of
FAMILY CODE 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.
 Art. 4. 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
FAMILY CODE requisites shall render the marriage
voidable as provided in
Art. 5. Any male or female of the age of
eighteen years or upwards not under
any of the impediments mentioned in
Articles 37 and 38, may contract
marriage.
 Requisites of Marriage
Art. 11. Where a marriage license is
required, each of the contracting parties
shall file separately a sworn application for
such license with the proper local civil
registrar which shall specify the following:
FAMILY CODE
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and
where the previous marriage was dissolved
or annulled;
 Requisites of Marriage
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting
parties;
(8) Full name, residence and citizenship of
the father;
FAMILY CODE (9) Full name, residence and citizenship of
the mother; and
(10) Full name, residence and citizenship of
the guardian or person having charge, in
case the contracting party has neither father
nor mother and is under the age of twenty-
one years.
 Requisites of Marriage
Art. 12. The local civil registrar,
upon receiving such application,
shall require the presentation of
the original birth certificates or, in
FAMILY CODE default thereof, the baptismal
certificates of the contracting
parties or copies of such
documents duly attested by the
persons having custody of the
originals.
 Requisites of Marriage

Art. 17. The local civil registrar shall

prepare a notice which shall
FAMILY CODE contain the full names and
residences of the applicants for a
marriage license and other data
given in the applications.
 Requisites of Marriage
Art. 22. The marriage certificate,
in which the parties shall declare
that they take each other as
husband and wife, shall also state:
FAMILY CODE (1) The full name, sex and age of
each contracting party;
(2) Their citizenship, religion and
habitual residence;
(3) The date and precise time of the
celebration of the marriage;
 Requisites of Marriage

(4) That the proper marriage license

has been issued according to law,
except in marriage provided for in
FAMILY CODE Chapter 2 of this Title;
(5) That either or both of the
contracting parties have secured
the parental consent in appropriate
cases;
 Requisites of Marriage

(6) That either or both of the

contracting parties have complied
with the legal requirement
FAMILY CODE regarding parental advice in
appropriate cases; and
(7) That the parties have entered
into marriage settlement, if any,
attaching a copy thereof.
 Requisites of Marriage

Art. 23. It shall be the duty of the

person solemnizing the marriage to
furnish either of the contracting
FAMILY CODE parties the original of the marriage
certificate referred to in Article 6 and
to send the duplicate and triplicate
copies of the certificate not later than
fifteen days after the marriage, to the
local civil registrar of the place where
the marriage was solemnized.
 Requisites of Marriage

Art. 26. All marriages solemnized

outside the Philippines, in
accordance with the laws in force in
FAMILY CODE the country where they were
solemnized, and valid there as such,
shall also be valid in this country,
except those prohibited under
Articles 35 (1), (4), (5) and (6), 3637
and 38.
MARRIAGE
o f

EXCEPTIONAL
CHARACTER
Exceptional Character:
Exclusion from the general rule of law when it comes
to marriage.
Cases of exceptions include: a) habitual distance, b)
marriage in articulo mortis, c) marriages between Filipino
citizens abroad, d) ratifying union based on particular
regulations of religion, e) Mohammedans or Pagans
marriages in non-Christian provinces.
In case either of the contracting parties is on the point of death or the
female has her habitual residence at a place more than fifteen
kilometers distant from the municipal building and there is no
communication by railroad or by provincial or local highways
between the former and the latter, the marriage may be solemnized
without necessity of a marriage license; but in such cases the official,
priest, or minister solemnizing it shall state in an affidavit made
before the local civil registrar or any person authorized by law to
administer oaths that the marriage was performed in articulo
mortis or at a place more than fifteen kilometers distant from the
municipal building concerned, in which latter case he shall give the
name of the barrio where the marriage was solemnized.
The person who solemnized the marriage shall also state, in either case,
that he took the necessary steps to ascertain the ages and
relationship of the contracting parties and that there was in his opinion
no legal impediment to the marriage at the time that it was
solemnized.
 The original of the affidavit required in the last preceding
article, together with a copy of the marriage contract,
shall be sent by the person solemnizing the marriage to
the local civil registrar of the municipality where it was
performed within the period of thirty days, after the
performance of the marriage. The local civil registrar shall,
however, before filing the papers, require the payment into
the municipal treasury of the legal fees required in article 65.

A.M. No. L-2209-CTJ | August 27, 1981

Abdon, Sehuisabal, complainant. vs. Hon. Jose R. Cabrera, City of Judge of Toledo City, respondent.
A marriage in articulo mortis may also be solemnized by the
captain of a ship or chief of an airplane during a voyage, or by
the commanding officer of a military unit, in the absence of a
chaplain, during war. The duties mentioned in the two
preceding articles shall be complied with by the ship captain,
airplane chief or commanding officer.
Marriages between Filipino citizens abroad may be
solemnized by consuls and vice-consuls of the
Republic of the Philippines. The duties of the local
civil registrar and of a judge or justice of the peace
or mayor with regard to the celebration of marriage
shall be performed by such consuls and vice-
consuls.
REQUIREMENTS:
Duly accomplished Marriage License form in three (3) originals
Original and three (3) photocopies of birth certificate issued by the NSO
and authenticated by the DFA
Original and three (3) photocopies of certificate of “no record of previous
marriage” issued by the NSO and authenticated by the DFA
Three (3) photocopies of Philippine passports of contracting parties
Names of two (2) witnesses above 21 years of age
Three (3) photocopies of witnesses’ identification cards (passport,
residence permit, etc.)
Eight (8) photos, size 2 x 2 cm with white background
Personal appearance for interview with the solemnizing officer
For a contracting party who is annulled:
Cash payment for processing Additional Requirements. For a contracting party
whose previous marriage was annulled by court
Original and three (3) photocopies of court decision declaring the annulment of
marriage, authenticated by the DFA
Original and three (3) photocopies of NSO-issued marriage certificate with the
annotation that the marriage has been annulled authenticated by the DFA
For a contracting party who is a widow:
Original and three (3) photocopies of the former spouse’s NSO issued death
certificate authenticated by the DFA
For a contracting party who is between 18 to 21 years old:
Affidavit of Consent executed by the parents of the contracting parties
For a contracting party who is between 21 to 25 years old:
Written proof of parental advice. In the event that parental / guardian consent
is not given, there is a waiting period of three (3) months after the bonds are
posted.
An “Intent to Marry” will be posted in the Embassy for
ten (10) days after the contracting parties submit the
required documents. If there are no objections, the
Solemnization of Marriage will be performed by the
Consul General or Vice Consul on a scheduled date,
usually on a Friday after 1:30 pm within the Embassy
premises. Contracting Parties as well as their guests are
requested to be in semi-formal attire.
No marriage license shall be necessary when a man and a
woman who have attained the age of majority and who,
being unmarried, have lived together as husband and wife
for at least five years, desire to marry each other. The
contracting parties shall state the foregoing facts in an
affidavit before any person authorized by law to administer
oaths. The official, priest or minister who solemnized the
marriage shall also state in an affidavit that he took steps to
ascertain the ages and other qualifications of the contracting
parties and that he found no legal impediment to the
marriage.
a. Both contracting parties be 21 years old.
b. They must have lived together as husband and wife for at least
five years before the marriage they are entering into.
c. No legal impediment of any kind must exist between them. For
example, they must not be first cousins, or stepbrother and
stepsisters.
d. Requirements A, B, C, must be stated in an affidavit before any
person authorized by law to administer oaths.
e. The necessary affidavit of the person solemnizing the marriage.
The marriage is sometimes referred to as the "ratification of marital
cohabitation.”
EVANGELINE LEDA, Complainant A, wife, v. ATTY. TREBONIAN
TABANG, Respondent B, husband, a lawyer
EVENTS
• October 3, 1976: Complainant A and Respondent B contracted a
marriage solemnized by Judge C, which was performed under Article
76 of the Civil Code.
• January 6, 1982: Complainant A filed Bar Matter No. 8 against
Respondent B to blocked him from taking his Oath.
• May 26, 1982: Respondent B filed his "Explanation" conforming
with the October 3, 1976 marriage.
• June 2, 1982: Respondent filed a Motion to Dismiss with
Complainant's Affidavit of Desistance.
• August 20, 1982: The Court dismissed Bar Matter No. 78, and
allowed Respondent to take his Oath.
• February 14, 1983: Complainant A filed an Administrative Case for
Respondent B's disbarment.
• Attached to Complainant A's Petition for Disbarment is a letter
addressed to Complainant, allegedly written by Respondent B.
Stating, he "could not force myself to be yours". Their marriage
contract was actually void for failure to comply with the requisites of
Article 76 of the Civil Code, among them the minimum cohabitation
for five (5) years before the celebration of the marriage, an affidavit
to that effect by the solemnizing officer, and that the parties must
be at least twenty-one (21) years of age, which they were not as they
were both only twenty years old at the time.
• May 7, 1984: Court referred the Complaint to the Solicitor General
for investigation, report, and recommendation.
• March 26, 1990: Court referred the Solicitor General's Report to the
Bar Confidant for evaluation, report, and recommendation.
• Upon the facts on record, it was found that Respondent's lack a
Good Moral Character sufficiently established.
 SYLLABUS
• Civil law; Marriages of Exceptional Character; Requisites and
Conditions Presumed to have been met. — Respondent cannot
assume that his marriage to Complainant is void. The presumption
is that all the requisites and conditions of a marriage of an
exceptional character under Article 76 of the Civil Code have been
met and that the Judge's official duty in connection therewith has
been regularly performed.
G.R. No. 175581 | March 28, 2008
Republic of the Philippines, Petitioner vs. Jose A. Dayot, Respondent
G.R. No. 179474
Felisa Tecson Dayot, Petitioner vs. Jose A. Dayot, Respondent
G.R. No. 133778
Engrace Ninal, Petitioner vs. Norma Bayadog, Respondent
In case two persons married in accordance with law
desire to ratify their union in conformity with the
regulations, rites, or practices of any church, sect, or
religion it shall no longer be necessary to comply with
the requirements of Chapter 1 of this Title and any
ratification so made shall merely be considered as a
purely religious ceremony.
Marriages between Mohammedans or pagans who live in the non-
Christian provinces may be performed in accordance with their
customs, rites or practices. No marriage license or formal
requisites shall be necessary. Nor shall the persons solemnizing
these marriages be obliged to comply with article 92.
However, twenty years after approval of this Code, all marriages
performed between Mohammedans or pagans shall be solemnized in
accordance with the provisions of this Code. But the President of
the Philippines, upon recommendation of the Secretary of the Interior,
may at any time before the expiration of said period, by proclamation,
make any of said provisions applicable to the Mohammedan and non-
Christian inhabitants of any of the non-Christian provinces.
Mixed marriages between a Christian male and a
Mohammedan or pagan female shall be governed by
the general provision of this Title and not by those of
the last preceding article, but mixed marriages between
a Mohammedan or pagan male and a Christian
female may be performed under the provisions of
the last preceding article if so desired by the
contracting parties, subject, however, in the latter case to
the provisions of the second paragraph of said article.
 VOID
a n d

VOIDABLE
MARRIAGES
 VOID
VOID & VOIDABLE MARRIAGES

Focus on marriages that are considered invalid. A law or

judgment found in an appeals court to be unconstitutional is
void or has no legal effect.

Examples: marriages without a marriage license, marriages

between close relatives, and marriages where one spouse is
already married (bigamy).
 Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES

VOID
ARTICLE 35, The following marriages shall be void from the beginning:

Those contracted by any party below eighteen years of age even with the consent of
parents or guardians;

Those solemnized by any person not legally authorized to perform marriages unless
such marriages were contracted with either or both parties believing in good faith
that the solemnizing officer had the legal authority to do so;

Those solemnized without a license, except those covered in the preceding Chapter;

Those bigamous or polygamous marriages not failing under Article 41;

Those contracted through mistake of one contracting party as to the identity of the
other; and
VOID
Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES
ARTICLE 36. A marriage contracted by any party who,
at the time of the celebration,
was psychologically incapacitated to comply with the essential
marital obligations of marriage,
shall likewise be void even if such incapacity becomes manifest
only after its solemnization.

(As amended by Executive Order 227)

 VOID
Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-
Article 37. Marriages between the following are incestuous and
void from the beginning, whether relationship between
the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood.
 Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-
VOID
Art. 38. The following marriages shall be void
from the beginning for reasons of public policy
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil
degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other
person’s spouse, or his or her own spouse. (82)
 VOID
Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-
Article 39. The action or defense for the declaration of absolute
nullity of a marriage shall not prescribe.
(As amended by Executive Order 227 and Republic Act No. 8533;
The phrase “However, in case of marriage celebrated before the
effectivity of this Code and falling under Article 36,
such action or defense shall prescribe in ten years after this
Code shall taken effect” has been deleted by Republic Act No. 8533
[Approved February 23, 1998]).

Article 40. The absolute nullity of a previous marriage may be

invoked for purposes of remarriage on the basis solely of a final
judgment declaring such previous marriage void.
 VOIDExecutive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-
Article 41
A marriage contracted by any person during subsistence
of a previous marriage shall be null and void, unless before the
celebration of the subsequent marriage, the prior spouse had been
absent for four consecutive years and the spouse present has a well-founded
belief that the absent spouse was already dead.
In case of disappearance where there is danger of death under the circumstances
set forth in the provisions of Article 391 of the Civil Code, an absence of only
two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding
paragraph the spouse present must institute a summary proceeding as provided
in this Code for the declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the absent spouse.
 VOID
Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-
Article 42.
The subsequent marriage referred to in the preceding Article shall be
automatically terminated by the recording of the affidavit of reappearance of the
absent spouse, unless there is a judgment annulling the previous marriage or
declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be

recorded in the civil registry of the residence of the parties to the subsequent
marriage at the instance of any interested person, with due notice to the
spouses of the subsequent marriage and without prejudice to the fact of
reappearance being judicially determined in case such fact is disputed.
 Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-

VOID
Article 43. The termination of the subsequent marriage referred to in the preceding
Article shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to its termination shall be
considered legitimate;
(2) The absolute community of property or the conjugal partnership, as the case may be, shall
be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or
her share of the net profits of the community property or conjugal partnership property shall
be forfeited in favor of the common children or, if there are none, the children of the guilty
spouse by a previous marriage or in default of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if the donee contracted
the marriage in bad faith, such donations made to said donee are revoked by operation of law;
(4) The innocent spouse may revoke the designation of the other spouse who acted in bad
faith as beneficiary in any insurance policy, even if such designation be stipulated as
irrevocable; and
 VOID

Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-

Article 44. If both spouses of the subsequent marriage acted in bad faith,
said marriage shall be void ab initio and all donations by reason of marriage and
testamentary dispositions made by one in favor of the other are revoked
by operation of law.
 Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-
VOID
Article 45. A marriage may be annulled for any of the following causes,
existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was
eighteen years of age or over but below twenty-one, and the marriage was
solemnized without the consent of the parents, guardian or person having
substitute parental authority over the party, in that order, unless after attaining
the age of twenty-one, such party freely cohabited with the other and both lived
together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to
reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party
afterward, with full knowledge of the facts constituting the fraud, freely cohabited
with the other as husband and wife;
 Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-
VOID
Article 45. A marriage may be annulled for any of the following causes,
existing at the time of the marriage:

(4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter
freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with
the other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to
be serious and appears to be incurable.
 Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-

VOID
Article 46. Any of the following circumstances shall constitute fraud referred to
in Number 3 of the preceding Article:

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime
involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by
a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time
of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall
constitute such fraud as will give grounds for action for the annulment of marriage.
 Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES-
VOID
Article No. 47. The action for annulment of marriage must be filed by the following persons
and within the periods indicated herein:

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did
not give his or her consent, within five years after attaining the age of twenty-one, or by the
parent or guardian or person having legal charge of the minor, at any time before such party
has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no
knowledge of the other’s insanity; or by any relative or guardian or person having legal charge
of the insane, at any time before the death of either party, or by the insane spouse during a
lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after
the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from
the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five
years after the marriage.
 VOID
Executive Order No. 209: THE FAMILY CODE OF THE PHILIPPINES
Article No. 53

Either of the former spouses may marry again after

compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage
shall be null and void
AUTHORITY
t o

SOLEMNIZE
MARRIAGES
Soleminizing Officer (SO)
a person duly authorized by his/her church and registered with
the civil registrar general, acting within the limits of the written
authority granted him by his church or religious sect to
solemnize marriage.
Executive Order No. 209: THE FAMILY CODE OF THE
PHILIPPINE (1987), Republic Act No. 3613: THE
MARRIAGE LAW (1929), REPUBLIC ACT NO. 386 AN ACT
TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE
PHILIPPINES (1949)
(1) The Chief Justice and Associate Justices of the Supreme Court;
(2) The Presiding Justice and the Justices of the Court of Appeals;
(3) Judges of the Courts of First Instance;
(4) Mayors of cities and municipalities;
(5) Municipal judges and justices of the peace;
(6) Priests, rabbis, ministers of the gospel of any denomination,
church, religion or sect, duly registered, as provided in article 92; and
(7) Ship captains, airplane chiefs, military commanders, and consuls
and vice-consuls
 Executive Order No. 209: THE FAMILY Republic Act No. 3613:
CODE OF THE PHILIPPINES- Article 7 THE MARRIAGE LAW of 1929
Chapter 1: ARRIAGE REQUISITES: Sect. 4
(1) Any incumbent member of the (a) The Chief Justice and Associate
Justices of the Supreme Court;
judiciary within the court's jurisdiction;
(b) Judges and auxiliary judges of Courts
(2) Any priest, rabbi, imam, or minister of First Instance;
of any church or religious sect (c) The municipal judges of Manila and
(3) Any ship captain or airplane chief justices of the peace, and
(4) Any military commander of a unit to (d) Priests or ministers of the gospel of
which a chaplain is assigned, any denomination, church, sect or
religion
(5) Any consul-general, consul or vice-
(e) chaplains of the Army or Navy of the
consul United States registered in the Philippine
National Library
Article 18. Authority to solemnize
marriage. Marriage may be solemnized: [PRESIDENTIAL DECREE No.
(a) By the proper wali of the woman to
1083]
be wedded;
A DECREE TO ORDAIN AND
(b) Upon authority of the proper wali, by
PROMULGATE A CODE
any person who is competent under
RECOGNIZING THE SYSTEM
Muslim law
OF FILIPINO MUSLIM LAWS,
to solemnize marriage; or
CODIFYING MUSLIM
(c) By the judge of the Shari'a District
PERSONAL LAWS, AND
Court of Shari'a Circuit Court or any
PROVIDING FOR ITS
person designated by the judge, should
ADMINISTRATION AND FOR
the proper wali refuse without
justifiable reason, to
OTHER PURPOSES
authorize the solemnization.
Every priest or minister authorized by his church, sect, or religion to
solemnize marriage shall send to the Philippine National Library a
sworn statement setting forth his full name and domicile, and that he
is authorized by his church, sect, or religion to solemnize marriage,
attaching to said statement a certified copy of his appointment.

Certificate of Registration of Authority to Solemnize Marriage

(CRASM)
Any priest or minister solemnizing
marriage without being authorized by
the Director of the Philippine National
Library, who authorizes the immediate
solemnization of a marriage that is
subsequently declared illegal; or any
officer, priest or minister solemnizing
marriage in violation of the provisions of
this Act, shall be punished by
imprisonment for not less than one
month nor more than two years, or by a
fine of not less than two hundred pesos
nor more than two thousand pesos.
Key Points:
- Complaint filed against Judge Virgilio G. Murcia for estafa, violating
Republic Act No. 6713, misconduct, and prejudicial conduct.
- Allegation: Judge Murcia solemnized a marriage with errors in the
certificate at DLS Travel and Tours in Davao City.
- Judge Murcia denies involvement in document processing, claims he
only performed the marriage ceremony.
- Denies receiving payment, asserts the information in the certificate was
copied from provided documents without alteration.
Decision:
- The respondents was foundguilty of grave misconduct and conduct
prejudicial to the best interest of the service for solemnizing the
marriage of the complainant and her husband outside his territorial
jurisdiction, and in the office premises of the DLS Tour and Travel in
Davao City.
Such place of solemnization was a blatant violation of Article 7 of the
Family Code, which pertinently provides:
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court's
jurisdiction;
CONCLUSION
In conclusion, the Family Code of the Philippines serves as the legal
framework that governs persons and family relations, particularly
marriage. It specifies the Book 1 of the Civil Code and is recognized by
both the state and religious authorities. The code defines marriage and
outlines its formal requisites, exceptional characters, void and voidable
marriages, and the authorities responsible for solemnizing marriages. It
provides guidelines and regulations to ensure the legality and validity of
marriages in the country. It also ensures the protection of the rights and
obligations of individuals in the context of marriage and family relations.
references
An Act Amending The Second Paragraph Of Article Seventy-eight Of Republic Act Numbered Three Hundred Eighty-six,
Known As The Civil Code Of The Philippines (re: Marriage Between Muslims And Non-Christians. (RA. 6268). (1971)
Republic of the Philippines Retrieved from https://lawphil.net/statutes/repacts/ra1971/ra_6268_1971.html

A Decree to Ordain and Promulgate a Code Recognizing the System of Filipino Muslim Laws, Codifying Muslim
Personal Laws, and Providing for its Promotion and for other Purposes. (Pres Dec. No. 1083) (1977). Retrieved from
https://lawphil.net/statutes/presdecs/pd1977/pd_1083_1977.html

Christianity.com Editorial Staff. (2019). Who are Pagans? The history and Beliefs of Paganism. Christianity.com.
https://www.christianity.com/wiki/cults-and-other-religions/pagans-history-and-beliefs-of-paganism.html
Hays, J. (2019). Marriage and Wedding Customs of Different Ethnic Groups and Regions in the Philippines | Facts and
Details. https://factsanddetails.com/southeast-asia/Philippines/sub5_6c/entry-3872.html?
fbclid=IwZXh0bgNhZW0CMTAAAR2MDd8jJmi_2fh6LGsv_9_cwR1iHO_AkSEuWSyhdnz7_MXNSuItbXpej94_aem_Ab7
56PUdlkxiLfikbsrFLMd6QwPEJVo_qa34PdqsjUs7AVyDPymRVGaPai2sCAM5y_qChavghhAL2gocEqt68tNQ
references
Hays, J. (2019). Marriage and Wedding Customs of Different Ethnic Groups and Regions in the Philippines | Facts and
Details. https://factsanddetails.com/southeast-asia/Philippines/sub5_6c/entry-3872.html?
fbclid=IwZXh0bgNhZW0CMTAAAR2MDd8jJmi_2fh6LGsv_9_cwR1iHO_AkSEuWSyhdnz7_MXNSuItbXpej94_aem_Ab7
56PUdlkxiLfikbsrFLMd6QwPEJVo_qa34PdqsjUs7AVyDPymRVGaPai2sCAM5y_qChavghhAL2gocEqt68tNQ

Marriages of Exceptional character - Civil Code of the Philippines (R.A. 386). (1949).
https://raphilippines.blogspot.com/2012/03/marriages-of-exceptional-character.html
Philippine Family Code Summary (EO No. 209). (2024). Jur.ph. https://jur.ph/laws/summary/family-code-of-the-
philippines

Rocabo, J. (2022). Solemnizing Marriage Philippines. Retrieved from https://www.solemnizingmarriageph.com/

The Family Code of the Philippines. (EO No. 209) (1987). Republic of the Philippines. Official Gazette. Retrieved from
https://www.officialgazette.gov.ph/1987/07/06/executive-order

Executive Order No. 209, July 6, 1987

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