d. Lex Loci Celebrationis

VALID MARRIAGES

The requisites for a valid marriage are provided by law.

The principle that the validity of a marriage is determined by the law effective at the time of the celebration of the marriage is further highlighted by the fact that, as a general rule, the nature of the marriage already celebrated cannot be changed by a subsequent amendment to the law. (Sta. Maria, 2010)

Validity of marriage by proxy

It depends on the place of celebration of the marriage:

• If performed in the Philippines – No, it is not allowed, hence the marriage is void. Philippine laws prohibit marriages by proxy. Since the marriage is performed in the Philippines, Philippine laws shall apply following the principle of lex loci celebrationis.
• If performed abroad – Whether it is allowed or not depends upon the law of the place where the marriage was celebrated (lex loci celebrationis).

As to marriages between Filipinos - all marriages solemnized outside the Philippines, in accordance with the laws enforced in said country where they are solemnized, and valid there as such, shall also be valid here in the country, except those prohibited under Arts. 35 (1), (4), (5), (6), 36, 37 and 38 (FC, Art. 26).