Dear PAO,

May I know the effect of, in so far as the validity of a marriage, the absence of a marriage license?

Jen

Dear Jen,

To answer your question, allow me to lead your attention to our pertinent laws and jurisprudence. In this regard, the following provisions of Executive Order 209, otherwise known as the Family Code of the Philippines, find application, viz.:

“Article 2. No marriage shall be valid unless these essential requisites are present:

“(1) Legal capacity of the contracting parties who must be a male and a female; and

“(2) Consent freely given in the presence of the solemnizing officer. (53a)

“Article 3. The formal requisites of marriage are:

“(1) Authority of the solemnizing officer;

“(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

“(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

“Article 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

“A defect in any of the essential requisites shall not affect the validity of the marriage, but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable” (Emphasis and underscoring supplied)

Explaining the aforementioned provisions of law, the Supreme Court, in the case of Cariaga v. Republic (GR 248643, Dec. 7, 2021), penned by Associate Justice Alfredo Benjamin Caguioa, says:

“The provisions of the Family Code are clear — the absence of a valid marriage license renders the marriage void ab initio, except when the marriage is among those exempted from the license requirement, as set forth in Chapter 2, Title I of the Family Code.

“There is no dispute that none of the exceptions apply here. Hence, a valid marriage license is an indispensable requirement for the validity of Lovelle and Henry’s marriage since it is the marriage license that grants the solemnizing officer the authority to solemnize the marriage and give it legal effect.

“For a marriage to be considered void due to the lack of a marriage license, the absence of such license must be apparent on the marriage contract, or at the very least, supported by a certification from the local civil registrar that no such marriage license was issued to the parties.” (Emphasis and underscoring supplied)

Applying the foregoing, in the absence of proof that the purported marriage is one of those instances exempted from the requirement of a marriage license, the absence of a valid marriage license renders the marriage null and void.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]