Family Code of the Philippines

Title I: Marriage

Chapter 1: Requisites of Marriage

Article 5. Any male or female of the age of eighteen years (18) or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a)

Rules on validity of marriage

·         The marriage is valid if there is consent of the parents. Without the consent of the parents, the marriage would only be voidable. If it is without the consent of the parties, the marriage is void.

·         If the parties to a marriage are below the ages of eighteen (18), even with the consent of their parents, the marriage would still be void. This is because they lack the legal capacity to marry.

·         Note that the impediment referred to in Article 37 of the Family Code pertains to blood relationship between the contracting parties, whether legitimate or illegitimate.

·         If a grandfather marries a granddaughter, the marriage is void because it is incestuous. This is true even if the relationship is legitimate or illegitimate and no matter how far the relationship is. As long as the relationship is in the direct line, the marriage is void.

·         The impediments in Article 38 of the Family Code also make the marriage void by reason of public policy

Reason for invalidity if below 18 of age.

·         Extreme youth may not lend stability to the marriage and the family.

·         Marriages have failed, families have been broken because of extreme irresponsibility of the spouses due to age. So, the law requires some degree of maturity.

Illustration:

A and B, both 17 years of age, Filipino citizens, got married. The marriage is void because of lack of capacity to marry. This is true even if the marriage was celebrated abroad where the marriage was valid there as such. The reason is that, the capacity of Filipino citizens to marry is determined by Philippine law and not the law of the place where the marriage was celebrated. (See Art. 15, New Civil Code).

Suppose A in the problem above was 27 years old and B was only 17 years of age, the marriage would still be void because the law requires that both contracting parties must have legal capacity to contract marriage.

Gender Requirement

·         The law requires that the parties to a marriage must be a male and a female. This reason is obvious, for two males or two females cannot reproduce.

·         It must be remembered that no less than the law itself says that marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. (Art. 1, Family Code).

Sources: 

Family Code of the Philippines by Judge Albano