The Family Code of the Philippines (Executive Order No. 209)

Vocabulary flashcards covering legal definitions, essential and formal requisites, license exemptions, void marriages, and grounds for annulment under Title I of the Family Code of the Philippines.

Marriage Definition (Article 1)

A special contract of permanent union between a man and a woman entered into in accordance with law for establishing conjugal and family life.

Essential Requisites of Marriage

1. Legal capacity of male and female contracting parties

2. Consent freely given in the presence of a solemnizing officer

Formal Requisites of Marriage

1. Authority of solemnizing officer

2. Valid marriage license (except exempted cases)

3. Marriage ceremony with personal declaration before officer and at least two legal-age witnesses

Minimum Marriageable Age

18 years old (must have legal capacity and no legal impediments under Articles 37 and 38).

In Articulo Mortis Signature Exception

If a dying party cannot sign, a witness may write their name, attested by the solemnizing officer.

Parental Consent Age Bracket

Ages 18 to below 21 (for unemancipated contracting parties).

Parental Advice Age Bracket

Ages 21 to below 25.

Marriage Counselling Certificate

Required when parental consent/advice is needed; failure to attach suspends license issuance for 3 months.

Marriage License Posting Period

10 consecutive days on a public bulletin board outside the local civil registrar's office.

Marriage License Validity Period

120 days nationwide from date of issue; automatically cancelled if unused.

Transmittal Period for Marriage Certificate

15 days post-marriage for solemnizing officer to send duplicate and triplicate copies to local civil registrar.

Article 34 License Exemption

Cohabitation as husband and wife for at least 5 years without any legal impediment to marry.

Psychological Incapacity (Article 36)

Inability to comply with essential marital obligations existing at celebration, rendering marriage void ab initio.

Incestuous Marriages (Article 37)

Void ab initio between:

1. Ascendants and descendants of any degree

2. Full or half brothers and sisters

Marriages Void for Public Policy (Article 38)

Void ab initio between:

1. Collateral blood relatives up to 4th civil degree

2. Step-parents and step-children

3. Parents-in-law and children-in-law

4. Adopter and adopted child

5. Surviving spouse of adopter and adopted child

6. Surviving spouse of adopted child and adopter

7. Adopted child and legitimate child of adopter

8. Adopted children of same adopter

9. Parties where one killed other's spouse or own spouse to marry

Presumptive Death Absence Thresholds (Article 41)

4 consecutive years (2 years if danger of death) before filing summary proceeding for presumptive death declaration.

Affidavit of Reappearance Effect

Automatically terminates subsequent marriage once recorded in civil registry (unless prior marriage was annulled or void ab initio).

Fraud Grounds for Annulment (Article 46)

Concealment of:

1. Final judgment conviction for crime of moral turpitude

2. Pregnancy by another man

3. Sexually transmissible disease

4. Drug addiction, habitual alcoholism, or homosexuality/lesbianism