Civil Law and Land Titles and Deeds › Family Relations (EO 209, as amended) › Marriage (Const., Art. II, Sec. 12, and Art. XV)

1. General Principles

a. State Policy on Marriage b. Essential and Formal Requisites of Marriage c. Effects of Absence, Defect or Irregularity of the Requisites d. Rights and Obligations Between Husband and Wife

Marriage as a status

As a status, the principle in contracts that the parties may, by mutual agreement, put an end to it, cannot certainly apply, for the consequences of the marriage as a rule are fixed by law. (Family Code, Art. 1)

BASIS	MARRIAGE	ORDINARY CONTRACT
Nature	a. Special Contractb. Sui generis contractc. Social institution	Merely a contract
Governing Law	Law on marriage	Law on contracts
Right of the parties to stipulate	GR: Not subject to stipulationXPN: Property relations in marriage settlements.	The parties are free to stipulate subject to certain limitation.
Capacity to Contract	Legal capacity is required	Minors may contract through their parents or guardians or in some instances, by themselves.
Gender Requirement	Contracting parties must only be two persons of the opposite sexes.	Contracting parties may be two or more persons regardless of sex.
Dissolution by Agreement	Marriage cannot be dissolved merely by mutual agreement. A voidable marriage may be annulled; a void marriage may be declared absolutely null. A valid foreign divorce may have the effects provided in Family Code, Art. 26(2). (Family Code, Arts. 26(2), 35–45)	Can be dissolved through express provision of the law, through expiration of the term for which the contract was entered into, or by mutual agreement by the parties concerned.

In case of silence, obscurity or insufficiency of the law with respect to a particular controversy

When the law is silent, obscure, or insufficient with respect to a particular controversy, the judge cannot refuse to decide; the judge must interpret and apply the law consistently with right and justice, and may consider a relevant custom if duly proved. (NCC, Arts. 9–12)

Customs which are contrary to law, public order, public policy shall not be countenanced. (NCC, Art. 11)

Presumption of potency of one spouse

GR: Presumption is in favor of potency.

XPN: Doctrine of triennial cohabitation.

Proof of Psychological Incapacity

Under Article 36 of the Family Code, psychological incapacity must be established by clear and convincing evidence of a durable aspect of personality that existed at the time of marriage and renders a spouse incapable of complying with essential marital obligations. It is a legal, not medical, concept; a clinical diagnosis or expert testimony is not required. (Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021)

NOTE: Expert evidence may be given by qualified psychiatrists and clinical psychologists.

The physician’s examination is not required in establishing psychological incapacity as ground for declaration of nullity

If the totality of evidence presented is enough to sustain a finding of psychological incapacity, physician’s examination of the person concerned need not be resorted to. (Marcos v. Marcos, G.R. No. 136490, October 19, 2000; Glenn Viñas v. Mary Grace Parel-Viñas, G.R. No. 208790, January 21, 2015)

Authorities

Civil Code, Art. 11
Paras v. Paras, A.C. No. 7348, 27 September 2016