February, the month when hearts beat a little faster, smiles linger a little longer, and love fills the air with its sweet embrace.
As we celebrate this month of love, we tend to look and enter into relationships that reflect mutual love, trust, and respect. Many even immediately contemplate about marriage.
But marriage is more than a heartbeat, smile, or love-filled February. Marriage symbolizes a lifelong commitment between two individuals, encompassing both mutual affection and legal obligations. It is a legal contract endowing couples with distinctive rights and obligations.
As defined by our Family Code,
Article 1. 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. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.
Marriage in the Philippines, being a special contract, involves certain requirements and procedures governed by law. They are provided under Sections 2 & 3 of the same code.
Art. 2. No marriage shall be valid, unless these essential requisites are present:
(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.
Any male or female over the age of 18 who is not previously married and without any legal impediment under the law may contract marriage. The consent or ‘I dos’ will be made in the presence of a solemnizing officer who may be the following:
Art. 7. 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;
(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;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10.
Aside from the essential requisites, marriage under the law also outlines the formal requirements.
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) 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.
The legal aspect of marriage outlines rights, responsibilities, and obligations. Understanding this aspect is crucial for navigating the complexities of marital relationships. Such that, like any contract, if any essential requisite is missing or duties and responsibilities are not performed, it can be declared null and void.
Our Civil registry is the primary office responsible in gathering and approving the requirements for the marriage license. May your union be filled with love, and the requisites of marriage, complete.