Under Article 2. of the Family Code.
No Shall be valid, unless these essential requisite are present:
1. Legal capacity of the contracting parties who must be male and female; and
2. Consent freely given in the presence of the solemnizing officer
Legal Capacity must be male and a female or of different sexes, a requisite that is dictated by biological law, since procreation cannot be realized by two person of the same sex. If through deceit or fraud, a marriage celebrated between two males or two females, therefore, the marriage is void and inexistent, and party guilty of fraud is liable to pay the other damages.
Consent of the Contracting Parties must be the consent of the contracting parties not the consent of the parents.
And the parties must personally appear before the solemnizing officer during the marriage, which requirement exclude "common law marriage" (parties just live together as husband and wife without the celebration of marriage between them) Particularly know as "live in".
2 comments:
Interesting.
So this just goes to show is no room for same sex marriage (which is another controversial issue becoming popular in the world today) in the present family code of the Philippines (unless they change it =P ).
Can you specify who the solemnizing officer is? I suppose this includes the priest if in a church wedding, or the judge in a civil wedding. Anyone else? Captain on a ship, for example?
Solemnizing officers are any incumbent member of the judiciary, within the court jurisdiction,priest,imam, or minister of church
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