Right to marry and legal protections against interference in marriage

In the Philippine jurisdiction, marriage is not merely a private contract between two individuals but a social institution of public concern. The legal framework surrounding the right to marry and the protections against interference is rooted in the Constitution, the Family Code, and specialized penal and civil laws.

I. The Constitutional and Statutory Basis

The 1987 Philippine Constitution provides the bedrock for the protection of marriage. Article XV, Section 2 explicitly states:

"Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State."

This "inviolability" implies that the State has a vested interest in the stability of the marital bond. Consequently, the right to marry is considered a fundamental human right, though it is not absolute and is subject to state regulation through "police power" to ensure the fitness of the parties and the integrity of the institution.

II. Essential and Formal Requisites

For the right to marry to be legally recognized, the parties must comply with the requirements set forth in Articles 2 and 3 of the Family Code. Failure to meet these results in a void or voidable marriage:

  • Legal Capacity: The parties must be a male and a female, at least 18 years of age, and free from any legal impediments (such as prior existing marriages or incestuous relationships).
  • Consent: Freely given in the presence of the solemnizing officer.
  • Authority of the Solemnizing Officer: The marriage must be officiated by a person authorized by law (e.g., members of the judiciary, priests, rabbis, or imams).
  • Valid Marriage License: Except in marriages of "exceptional character" (e.g., parties living together for five years, or marriages in articulo mortis).
  • Marriage Ceremony: A formal act where the parties take each other as husband and wife.

III. Legal Protections Against Interference

The law provides several layers of protection to shield the marital unit from third-party interference and internal disruptions.

1. Protection Against Third-Party Intrusion (Tortious Interference)

Under Article 26 of the Civil Code, every person is obligated to respect the dignity, personality, privacy, and peace of mind of others. Specifically, "alienation of affection"—the act of a third party willfully interfering with the marital relationship—can be a ground for damages.

While the Philippines does not have a specific "Alienation of Affections" statute like some Western jurisdictions, the Civil Code (Article 2219) allows for moral damages in cases of "willful injury to property or person," which courts have extended to include malicious interference in family life.

2. Criminal Protections: Adultery and Concubinage

The Revised Penal Code (RPC) criminalizes acts that violate the exclusivity of marriage:

  • Adultery (Article 333): Committed by a married woman and her paramour.
  • Concubinage (Article 334): Committed by a married man who keeps a mistress in the conjugal dwelling, has sexual intercourse under scandalous circumstances, or cohabits with her in any other place.

3. Protection Against Domestic Interference (R.A. 9262)

The Anti-Violence Against Women and Their Children Act (VAWC) protects the marital bond from internal interference caused by violence. It grants the "Right to a Protection Order" (Barangay, Temporary, or Permanent), which can legally bar an abusive spouse from coming near the other, thereby protecting the personhood of the spouse within the marriage.


IV. State Interference and the Concept of Nullity

While the State protects marriage, it also provides a "safety valve" when the marriage is structurally flawed. The right to marry includes the right to be released from a marriage that never truly existed in the eyes of the law.

  • Psychological Incapacity (Article 36): This is the most common ground for declaring a marriage void ab initio. It refers to a party's total inability to comply with the essential marital obligations due to a grave psychological malady existing at the time of the celebration.
  • Void vs. Voidable Marriages: * Void marriages (e.g., bigamous, incestuous) are non-existent from the beginning.
  • Voidable marriages (e.g., consent obtained via fraud or force) are valid until annulled.

V. Limitations on Interference by the State

The State cannot arbitrarily interfere with the choice of a spouse. In the landmark case of Republic v. Albios, the Supreme Court noted that even if a marriage was entered into for the purpose of obtaining foreign citizenship (a "sham marriage"), if the essential and formal requisites were met and consent was freely given, the State cannot easily declare it void simply because the motives were questionable. The law looks at the consent to the status of marriage, not the motive behind it.

VI. Summary Table of Legal Safeguards

Type of Protection Legal Basis Description
Constitutional Art. XV, Sec 2 Defines marriage as an "inviolable social institution."
Civil Art. 26, Civil Code Protects against meddling/disturbing family life.
Penal Art. 333 & 334, RPC Criminalizes sexual infidelity (Adultery/Concubinage).
Special Law R.A. 9262 Protects against physical, emotional, and economic abuse.
Corrective Art. 36, Family Code Allows for the declaration of nullity for incapacity.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.