No marriage in the Philippines shall be valid UNLESS the following essential and formal requisites are present as provided under Articles 2 and 3 of the Family Code of the Philippines.
LEGAL CAPACITY of the contracting parties who must be a MALE and a FEMALE; and
CONSENT FREELY GIVEN IN THE PRESENCE OF the Solemnizing Officer.
AUTHORITY of the Solemnizing Officer;
A VALID MARRIAGE LICENSE EXCEPT in the case of marriages exempt from the license requirement; and
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.
The TOTAL ABSENCE of any of the ESSENTIAL or FORMAL requisites shall render the marriage VOID AB INITIO EXCEPT as stated in Article 35(2), supra, which provides that marriages contracted with either or both of the contracting parties believing in good faith that the Solemnizing Officer had the legal authority to perform marriages shall be valid.
A DEFECT in any of the ESSENTIAL requisites shall render the marriage VOIDABLE as provided in Article 45, supra.
An IRREGULARITY in the FORMAL 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 (Article 4, supra).
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