I. The Right to Marry in Philippine Law

Marriage in the Philippines is treated not only as a contract but as a special institution with constitutional and statutory protection. Philippine law recognizes a person’s liberty to marry, but that liberty is regulated by:

substantive requirements (who can marry and under what conditions), and
formal requirements (how the marriage is celebrated).

The controlling statute is the Family Code of the Philippines (Executive Order No. 209, as amended), supplemented by related civil registry rules and jurisprudential doctrines.

A practical way to understand the “right to marry” is to see it as:

a right of qualified persons to marry, and
a framework that prevents marriages that are harmful (e.g., incestuous, bigamous, coerced) or procedurally defective in ways the law treats as fatal.

II. Essential and Formal Requisites of Marriage

A. Essential requisites (validity “core”)

A marriage must have:

Legal capacity of the contracting parties (male and female at least 18, not otherwise disqualified); and
Consent freely given in the presence of the solemnizing officer.

Absence of any essential requisite generally results in a marriage that is either:

void ab initio (treated as if it never existed), or
voidable (valid until annulled), depending on the defect.

B. Formal requisites (ceremony/legal form)

A marriage must have:

Authority of the solemnizing officer;
A valid marriage license (unless exempt); and
A marriage ceremony where both appear before the solemnizing officer and declare they take each other as spouses, with at least two witnesses of legal age.

Defects in formal requisites can also be fatal, but consequences depend on whether the problem is absence versus irregularity.

III. Legal Impediments to Marriage (Substantive Bars)

“Impediments” are circumstances that disqualify one or both parties from marrying each other, or that render the marriage void/voidable.

1) Age

Under 18: marriage is void ab initio.
18 and above: no parental consent is required as a condition of capacity, but other rules may apply to licensing steps for younger adults in older regimes; in current practice, the decisive point is capacity at 18.

2) Existing marriage (Bigamy)

If either party is still validly married, a subsequent marriage is generally void ab initio.

A prior marriage must be legally ended by death, judicial declaration of nullity (if void), annulment (if voidable), or final divorce recognized in the Philippines (for qualifying cases, discussed below).

Bigamy also carries criminal exposure under the Revised Penal Code when the elements are present.

3) Incestuous marriages

Marriages are void ab initio when between:

ascendants and descendants (legitimate or illegitimate), and
brothers and sisters (full or half-blood), legitimate or illegitimate.

This is an absolute bar—no ratification cures it.

4) Marriages void by reason of public policy

Also void ab initio, typically covering:

certain relationships by affinity and adoption (e.g., in-law and step relationships, adoptive parent/child and related prohibitions as provided in the Family Code), and
other relationships the law declares contrary to public policy.

5) Lack of authority of the solemnizing officer

As a rule, absence of authority is a formal defect that can make a marriage void—unless the parties relied in good faith on the officer’s apparent authority (a protective doctrine recognized by law).

6) Absence of a marriage license

General rule: no license, no valid marriage → void ab initio. Exceptions exist where the law exempts the couple from needing a license (see below).

7) Psychological incapacity

A marriage is void ab initio if one party was psychologically incapacitated to comply with the essential marital obligations at the time of marriage. This is not mere immaturity, difficulty, infidelity, or incompatibility; it is a serious incapacity as defined by jurisprudence. It is proved through evidence (often including expert testimony) and evaluated under judicial standards developed by the Supreme Court.

8) Mistake as to identity

If consent is given because one party is mistaken as to the identity of the other (not merely attributes), the marriage may be treated as void because true consent is absent.

IV. Consent Issues: When Consent Is Defective

Consent must be freely given. The law identifies circumstances where consent is either absent (void marriage) or vitiated (voidable marriage).

A. Absence of consent (typically void)

No consent at all: e.g., one party did not actually agree, did not appear, or was substituted.
Mistake in identity: consenting to marry the wrong person.

These defects strike at an essential requisite.

B. Vitiated consent (voidable)

Voidable marriages are valid until annulled. The key consent-related grounds include:

1) Force, intimidation, or undue influence

If a party’s consent was obtained through coercion, the marriage is voidable. Once the coercion ends, continued free cohabitation can be treated as ratification, barring annulment.

2) Fraud

Certain kinds of fraud can make a marriage voidable. Importantly, not all lies qualify—Philippine law limits fraud to serious misrepresentations that go to the legal or fundamental realities of marital consent (the Family Code’s enumerations are controlling). Typical examples often discussed include concealment of pregnancy by another man, concealment of a transmissible sexually transmitted disease, concealment of conviction for a crime involving moral turpitude, and similar categories recognized in law and jurisprudence.

Fraud must be proven, and like other voidable grounds, it may be ratified by subsequent free cohabitation after discovery.

3) Mental incapacity (insanity)

If one party was of unsound mind at the time of marriage, the marriage is voidable (subject to rules on guardianship and ratification if sanity returns and the parties freely cohabit).

4) Physical incapacity to consummate

If one party is physically incapable of consummation and the incapacity appears incurable, the marriage may be voidable. The incapacity must be existing at the time of marriage and must be incurable.

5) Sexually transmissible disease that is serious and incurable

This is a separate voidable ground when the disease is serious, incurable, and existing at marriage, subject to proof.

V. Consent, Capacity, and “Consent Issues” in Practical Philippine Situations

1) “Shotgun wedding” pressure

Social or familial pressure becomes legally relevant only if it rises to force, intimidation, or undue influence sufficient to overpower free will. Courts look for credible evidence of threats or coercive circumstances, not mere embarrassment or persuasion.

2) Marriages involving intoxication

Intoxication can matter if it destroys the ability to give intelligent, voluntary consent at the time of marriage. Evidence is crucial (witnesses, conduct, medical records). If the person later freely cohabits after sobriety, ratification defenses may apply depending on the ground.

3) Misrepresentation about wealth, character, infidelity

Lies about social standing, wealth, chastity (outside legally recognized categories), or “promises to change” generally do not automatically constitute actionable fraud under Philippine marriage law unless they fit the specific legal categories recognized.

4) “Green card,” immigration-motivated marriages

Motive alone does not necessarily invalidate marriage if essential and formal requisites are met and consent is real. However, if the marriage is simulated or consent is not genuine, it may be attacked as void for lack of consent, and other legal consequences (including immigration fraud abroad) may arise.

5) Same-sex marriage

Under current Philippine statutory framework and prevailing jurisprudence, marriage is treated in the Family Code as between a man and a woman. Claims framed as a constitutional right-to-marry issue intersect with equality and due process arguments, but as of the governing legal structure, the civil law regime does not provide for same-sex marriage as a recognized civil status.

VI. License Requirements, Exemptions, and Common Traps

A. General rule: marriage license required

A marriage without a license is void unless it falls under a statutory exemption.

B. Key exemptions (common)

Marriage in articulo mortis (at the point of death) under the conditions allowed by law.
Marriage among Muslims or members of ethnic cultural communities under their personal laws in appropriate cases, subject to the governing legal framework.
Certain couples who have lived together as husband and wife for a required period without legal impediment (commonly encountered in practice as the “cohabitation exemption”), subject to strict proof requirements.

C. Common trap: claiming an exemption without meeting it

Courts scrutinize claimed exemptions strictly. If the exemption is not satisfied, the marriage is vulnerable as void.

VII. Void vs. Voidable: Legal Effects and Why the Classification Matters

A. Void marriages

Treated as non-existent from the beginning.
May be attacked directly or collaterally in certain contexts, but in many situations parties still need a judicial declaration of nullity to remarry and to settle status/property issues properly.

Common void grounds:

underage (below 18),
bigamy,
incest/public policy relationships,
absence of license (without exemption),
lack of authority (without good faith reliance protection),
psychological incapacity,
mistake as to identity.

B. Voidable marriages

Valid until annulled by a court.
Only specific persons may file (typically the injured party), and within prescriptive periods.
Can be ratified (often by free cohabitation after the cause ceases or after discovery).

Common voidable grounds:

lack of parental consent (historically relevant under older rules for those below a certain age threshold; modern application hinges on capacity at 18),
insanity,
fraud,
force/intimidation/undue influence,
physical incapacity to consummate,
serious incurable STD.

VIII. Remedies: What a Party Can Do

A. Before marriage: preventive and administrative remedies

Opposition to the issuance of a marriage license Interested parties may raise legal impediments before the local civil registrar processes the license.
Refusal by the solemnizing officer Solemnizing officers have a duty to ensure compliance. A credible claim of impediment (e.g., existing marriage) should stop solemnization pending clarification.
Protective remedies for coerced parties If someone is being forced, immediate remedies may include:

barangay/PNP assistance,
protection orders or criminal complaints in appropriate circumstances (e.g., threats, violence),
seeking help from PAO or private counsel to prevent the ceremony and document coercion.

B. After marriage: judicial remedies

1) Petition for Declaration of Nullity of Marriage

Used for void marriages (e.g., bigamy, psychological incapacity, no license, incest, underage, void public policy relationships). Reliefs commonly sought include:

declaration of nullity,
custody and support orders,
property regime liquidation,
determination of legitimacy/rights of children as governed by law.

2) Petition for Annulment of Marriage

Used for voidable marriages (fraud, force, incapacity, etc.). Key features:

must be filed by the proper party,
within prescriptive periods,
defenses include ratification/condonation in appropriate cases.

3) Legal Separation (not a cure for invalidity)

Legal separation does not dissolve the marriage bond and does not allow remarriage. It addresses the spouses’ right to live separately and governs property relations and custody/support as the court orders.

4) Recognition of Foreign Divorce (where allowed)

Philippine law recognizes, in proper cases, a foreign divorce obtained by a spouse who was a foreign national (and in other jurisprudentially developed scenarios). The Filipino spouse typically needs a judicial recognition of the foreign divorce and proof of the foreign law and decree according to Philippine rules of evidence, to update civil registry entries and allow remarriage.

This is not a general “divorce in the Philippines” remedy; it is a recognition mechanism tied to conflict-of-laws principles and the parties’ nationalities and circumstances.

IX. Consequences of Invalid Marriages and Available Protections

A. Children

Philippine law provides strong protections for children regardless of the parents’ marital status, though classification (legitimate/illegitimate) affects certain rights such as surname use and inheritance shares, subject to evolving statutes and jurisprudence. Courts can issue custody and support orders in nullity/annulment proceedings.

B. Property relations

Property consequences depend on:

the property regime presumed to apply, and
whether one or both parties acted in good faith.

For void marriages, the regime often applied in practice is a form of co-ownership / property relation recognized for unions that are void, with different outcomes depending on good faith and whether the parties were legally free to marry.

C. Use of surnames and civil status records

A judicial decree (nullity/annulment/recognition of foreign divorce) is typically necessary to correct civil registry records and avoid future complications (e.g., remarrying, passports, benefits).

D. Criminal exposure

Bigamy: potential criminal liability where the elements exist.
Falsification/perjury: if a party lies in affidavits for license exemptions or civil registry entries.

X. Litigation and Proof: What Courts Look For

A. Burden of proof and evidence

The petitioner must prove the ground. Common evidence includes:

civil registry documents (PSA marriage certificates, CENOMAR, annotated records),
testimony of parties and witnesses,
documentary proof of prior marriage/non-termination,
medical evidence for physical incapacity/STD,
psychological/psychiatric assessments and corroborating facts for psychological incapacity,
proof of coercion (messages, witnesses, police reports, medical records).

B. Psychological incapacity cases: recurring issues

Courts assess:

gravity, antecedence, and incurability (as developed by jurisprudence),
credibility and factual basis (not just labels),
whether the evidence shows an incapacity to perform essential marital obligations, not simply refusal or difficulty.

XI. Procedural and Practical Notes (Philippine Setting)

Venue and parties Nullity/annulment/legal separation cases are filed in the proper family court (RTC designated as family court) based on residence rules.
Collusion Courts guard against collusion. Even if both spouses want the same outcome, the court requires genuine proof.
Provisional orders Courts may issue interim orders for:

custody/visitation,
support pendente lite,
protection of property,
use of family home.

Timelines and cost These cases can be document-heavy and fact-intensive. Outcomes depend on the strength of evidence, compliance with procedural rules, and the specific ground.

XII. Common Scenarios and the Right Remedy

1) “My spouse was still married when we wed.”

Likely remedy: declaration of nullity (bigamous marriage void). Consider criminal implications.

2) “I was threatened into marrying.”

Likely remedy: annulment (force/intimidation/undue influence), provided filed on time and not ratified by voluntary cohabitation after the threats ended.

3) “We had no marriage license.”

Likely remedy: declaration of nullity, unless a valid exemption applies and can be proven.

4) “He/She had an incurable condition and cannot consummate.”

Likely remedy: annulment (physical incapacity), with medical proof and satisfaction of legal criteria.

5) “We are separated but want to remarry.”

If marriage is valid and no recognized foreign divorce scenario applies: legal separation is insufficient; remarriage requires a decree that ends or voids the bond (nullity/annulment/recognized foreign divorce), depending on the facts.

XIII. Synthesis: The Right to Marry as a Regulated Liberty

In the Philippines, the right to marry is not absolute. It is a protected liberty exercised within legal boundaries designed to ensure:

capacity (adult, not already married, not within prohibited relations),
real consent (free, informed, not coerced), and
public form (authorized officer, license unless exempt, proper ceremony).

When those boundaries are breached, the law provides remedies calibrated to the kind of defect:

void marriages → declaration of nullity,
voidable marriages → annulment,
marital misconduct without invalidity → legal separation or related relief,
cross-border dissolutions → recognition of foreign divorce in proper cases, alongside protective orders for children, support, and property.