In the Philippines, marriage is not merely a civil contract but a "social institution of highest public interest," as defined by the Family Code. Because the State has a vested interest in protecting the sanctity of marriage, the law strictly prescribes the requirements that must be met before a marriage can be validly solemnized.

Under Executive Order No. 209, otherwise known as the Family Code of the Philippines, these requirements are categorized into two: essential requisites and formal requisites.

1. The Essential Requisites

The essential requisites focus on the contracting parties themselves. The absence of any of these elements renders the marriage void from the beginning (void ab initio).

Legal Capacity of the Contracting Parties: * Age: The parties must be a male and a female, both at least 18 years old. Even with parental consent, anyone under 18 cannot legally marry in the Philippines.
Relationship Status / Impediments: The parties must be free from any legal impediments, such as an existing prior marriage (which would result in bigamy) or incestuous relationships (e.g., between ascendants and descendants, brothers and sisters).
Consent Freely Given in the Presence of the Solemnizing Officer: * The consent must be a mutual agreement to take each other as husband and wife. It must be given personally, intelligently, and voluntarily.
If consent is obtained through intimidation, fraud, or force, the marriage is not void ab initio but voidable (valid until annulled).

2. The Formal Requisites

The formal requisites dictate the process and the external elements required for the ceremony. While the absence of an essential requisite makes a marriage void, an irregularity in the formal requisites generally does not affect the validity of the marriage, though it may make the responsible parties civilly, criminally, or administratively liable.

However, the complete absence of a formal requisite also renders the marriage void (unless exempted by law).

Authority of the Solemnizing Officer: The marriage must be performed by someone authorized by law (see details below).
A Valid Marriage License: Issued by the local civil registrar of the city or municipality where either party habitually resides, except in marriages of an exceptional character.
A Marriage Ceremony: The ceremony requires the personal appearance of the contracting parties before the solemnizing officer and their declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

Who is Authorized to Solemnize Marriage?

A marriage ceremony in the Philippines cannot be performed by just anyone. Under Article 7 of the Family Code, only the following individuals have the authority to solemnize a marriage:

Civil Authorities

Members of the Judiciary: Any incumbent judge or justice within their specified court’s jurisdiction (e.g., a Municipal Trial Court judge can generally only solemnize marriages within their municipality).
Mayors: City and municipal mayors have the authority to solemnize marriages within their respective territorial jurisdictions (reinstated by the Local Government Code of 1991).

Religious Authorities

Priests, Rabbis, Imams, or Ministers: They must belong to a registered church or religious sect, be duly authorized by their religious order, and be registered with the Bureau of Bureau of Broadcasts and National Library / Philippine Statistics Authority (PSA). Crucially, at least one of the contracting parties must belong to the solemnizing officer's church or religious sect.

Exceptional Authorities

Ship Captains or Airplane Chiefs: May solemnize marriages only in cases of articulo mortis (at the point of death) between passengers or crew members, while the ship is at sea or the plane is in flight.
Military Commanders: A commander of a military unit (who is a commissioned officer) can solemnize marriages in articulo mortis in the absence of a chaplain, during military operations.
Consuls-General, Consuls, or Vice-Consuls: Authorized to solemnize marriages between Filipino citizens abroad.

The Marriage License: Documents Required

To secure a marriage license, the parties must apply at the Local Civil Registrar. The license is valid anywhere in the Philippines for a period of 120 days from the date of issue. If unused after this period, it becomes automatically void.

Standard Documentary Requirements:

Certificate of Live Birth: Authenticated by the PSA to prove age and identity.
Certificate of No Marriage Record (CENOMAR): Issued by the PSA to prove both parties are single.
Government-issued IDs and Barangay Certificate: To prove residency in the municipality where they are applying.
Pre-Marriage Counseling Certificate: Under the Responsible Parenthood and Reproductive Health Act, couples must undergo a government-accredited family planning and pre-marriage counseling seminar.

Additional Requirements Based on Age and Circumstance:

Parental Consent (Ages 18 to 21): If either party is between 18 and 21 years old, they must exhibit the written consent of their father, mother, surviving parent, or guardian. Without this, the marriage is voidable.
Parental Advice (Ages 22 to 25): If either party is between 22 and 25 years old, they must seek parental advice. If they do not obtain it, or if it is unfavorable, the marriage license issuance is suspended for three months from the publication of the application.
Death Certificate or Judicial Decree: If either party was previously married, they must provide proof that the prior marriage has been legally dissolved (e.g., Death Certificate of the deceased spouse, or a certified true copy of the Judicial Decree of Absolute Divorce, Declaration of Nullity, or Annulment).

Marriages of an Exceptional Character (No License Required)

The law recognizes specific scenarios where a marriage can be legally solemnized without securing a marriage license beforehand:

In Articulo Mortis: When either or both of the contracting parties are at the point of death.
Remote Locations: If the residence of either party is so distant from the local civil registrar that there are no means of transportation to enable them to secure a license.
Cohabitation for 5 Years (Article 34): Marriages between a man and a woman who have lived together as husband and wife for at least five years without any legal impediment to marry each other during that entire period. The parties and the solemnizing officer must execute an affidavit attesting to this facts.
Muslim and Indigenous Peoples Marriages: Marriages performed in accordance with Muslim laws or the customs and practices of Ethnic Cultural Communities (Indigenous Peoples) do not require a standard civil marriage license, provided they comply with their respective special laws (e.g., the Code of Muslim Personal Laws).

Summary of Legal Consequences

Scenario Legal Status of the Marriage

Absence of Essential Requisite (e.g., one party is 17 years old) Void from the beginning

Absence of Formal Requisite (e.g., no marriage license secured, not exempt) Void from the beginning

Irregularity in Formal Requisite (e.g., license issued by the wrong municipality) Valid (but parties/officer may face administrative/criminal liability)

Vitiated Consent (e.g., forced at gunpoint) Voidable (valid until legally annulled)