Title I — Marriage
Article 35
ELI5— what this means for you
These marriages are VOID from the beginning — they have no legal effect ever: (1) under-18 marriage; (2) solemnized by an unauthorized person, unless parties acted in good faith; (3) solemnized without a license (except exempt cases); (4) bigamous or polygamous marriages; (5) mistaken identity (you thought you were marrying one person but it was someone else); (6) subsequent marriages without a judicial declaration of nullity of the prior marriage.
Key point
Six automatic void marriages under Art. 35. Most common trap: #6 — marrying again without a court declaration that your first marriage is null.
Official text — EO 209
The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.
Source: lawphil.net (EO 209 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.