Title I — Marriage
Article 4
ELI5— what this means for you
If any of the essential requisites (Art. 2) are missing, the marriage is VOID — it never legally existed. If a formal requisite (Art. 3) is missing, the marriage is generally still void UNLESS the law says otherwise. However, if the solemnizing officer lacked authority but both parties believed in good faith that they had authority, the marriage may still be valid.
Official text — EO 209
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. (n)
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.