Marriage

Marriage is an inviolable social contract and institution where a man and a woman enter into a permanent union governed by law to establish a conjugal and family life. Its consequences and incidents are governed by law and not subject to stipulation except for the property relations between husband and wife in the marriage settlement. 

The essential elements of marriage are the following: the contracting parties must be male and female with the legal capacity to enter into marriage and their consent must be given freely in the presence of the solemnizing officer.

Formal Requisites:

1.) Authority of the solemnizing officer

2.) Valid marriage license

3.) The marriage ceremony must take place with both parties before the solemnizing officer and at least 2 witnesses of legal age where they (the parties) give their personal declaration to take each other as husband and wife 

Both the essential elements and formal requisites must be present. If any is lacking the marriage is void ab initio except in the case of the solemnizing officer. If he has no authority the couple can still be considered to have celebrated a valid marriage if they believed in good faith that the officer had the authority. If any of the requisites or elements is defective, the marriage is voidable. If they're irregular, the marriage is still valid but the party/ies responsible will be criminally, civilly and administratively liable.

Regarding age, the minimum is 18 for both the man and woman and they must not suffer from any of the impediments under Art. 37 (incestuous marriages) and 38 (marriages declared void because of public policy) of the Family Code. If the parties are between the ages of 18 and 21 parental consent is required, if no consent is given the marriage is voidable. If the parties are between the ages of 21 and 25 parental advice is needed; the there is none or the advice isn't favorable the marriage license can't be issued until after 3 months from the end of the 10-day publication. Furthermore, marriage counseling is required by a priest, religious minister or duly accredited marriage counselor if the parties are between the ages of 21 and 25. If no certificate of counseling is attached to the application for marriage, the issuance of the marriage license will be suspended for 3 months (and if this is violated, the issuing officer can be subject to administrative sanctions.)

Marriage by proxy is not allowed in the Philippines; but such marriages are recognized here if valid in the countries where they're performed. The marriage license is issued by the local civil registrar of the municipality where either of the parties resides. The marriage license is valid anywhere in the Philippines for 120 days. It isn't an essential requisite but it's the best evidence of the marriage.

Marriages celebrated outside the Philippines are governed by the laws of the countries where they are celebrated (lex loci celebrationis.)

Regarding the marriage ceremony, the following must be remembered:

1.) There is no required form for the ritual solemnization of the marriage.

2.) The contracting parties must appear personally before the solemnizing officer.

3.) There must be at least 2 witnesses of legal age.

4.) The marriage certificate must be signed by both parties and witnesses and attested to by the solemnizing officer.

The following are solemnizing officers:

1.) A judge within the jurisdiction of his court (a justice of the CA or SC can solemnize a marriage anywhere in the Philippines.)

2.) Any priest or religious minister.

3.) Any ship or aircraft captain or military officer in cases of marriages in articulo mortis. In case of a military officer, one of the parties must be his subordinate.

4.) Mayors

5.) Consuls, vice-consuls and consuls general of the Philippines (not ambassadors.)