In the Philippines, marriage is governed by the Family Code, which provides detailed guidance on its essential and formal requisites. The requisites for marriage are critical to its validity, and any deviation from these requirements may result in the marriage being considered void or voidable. Below is a comprehensive breakdown of these requisites as laid out in the Family Code, focusing on the essential and formal requisites and any relevant jurisprudence and interpretations.

1. Essential Requisites of Marriage

The essential requisites of marriage refer to the fundamental requirements that make a marriage valid. According to Article 2 of the Family Code, the essential requisites are as follows:

a. Legal Capacity of the Contracting Parties

Definition: Legal capacity means that both parties must be legally qualified to marry each other.
Age Requirement: Both parties must be at least 18 years old to marry.
Parental Consent: For individuals between the ages of 18 and 21, parental consent is required. The absence of parental consent makes the marriage voidable (Article 45(1)).
Parental Advice: For those aged 21 to 25, parental advice is required. While failure to obtain it does not invalidate the marriage, it may delay the issuance of the marriage license by three months (Article 14).
Absence of Impediments: There must be no legal impediment to the marriage. Common impediments include:
- Existing Marriage: Marriage to another person who is still alive and whose previous marriage has not been legally annulled or dissolved makes the second marriage void under Article 35(4).
- Relationship by Blood: The Code prohibits marriages between direct ascendants and descendants and between siblings, whether full or half-blood (Articles 37-38).
- Adoption: Marriages between adopters and adoptees or adoptees with each other are also prohibited.
Psychological Incapacity: Under Article 36, if one of the parties is psychologically incapacitated to comply with the essential marital obligations, the marriage may be annulled. The Supreme Court defines psychological incapacity as a mental incapacity that renders a person unable to fulfill the basic duties of marriage.

b. Consent Freely Given

Definition: Consent must be given freely, knowingly, and without coercion, intimidation, undue influence, fraud, or error.
Defects in Consent: If consent is obtained through fraud, force, or intimidation, the marriage may be annulled (Article 45).
Consent in Marriage Ceremony: Consent must be expressed in a personal declaration by both parties during the marriage ceremony, affirming their mutual willingness to marry.

2. Formal Requisites of Marriage

The formal requisites provide the structure or external conditions necessary for a marriage to be validly performed. According to Article 3, the formal requisites are as follows:

a. Authority of the Solemnizing Officer

Requirement: The solemnizing officer must be duly authorized to perform marriages in accordance with Philippine law.
Authorized Officers: Under Article 7, authorized persons include:
- Judges within their jurisdiction.
- Priests, ministers, or rabbis of any religious sect, provided they are duly authorized by their church or religious sect and registered with the civil registrar.
- Ship captains and airplane chiefs in certain circumstances, such as in articulo mortis (in danger of death) situations.
- Military commanders in cases where at least one party is in imminent danger of death within the zone of military operation.
- Consuls and vice-consuls for marriages performed abroad between Filipino citizens.
Effect of Lack of Authority: If the marriage is solemnized by someone without authority, it is generally considered void under Article 35(2), unless both parties believed in good faith that the solemnizing officer had the authority to marry them.

b. A Valid Marriage License

Requirement: A valid marriage license is a prerequisite for most marriages.
Where to Obtain: The license is obtained from the local civil registrar where either contracting party habitually resides.
Exemptions: Some marriages are exempt from needing a marriage license, such as:
- Marriages in articulo mortis (imminent danger of death).
- Marriages among members of ethnic cultural communities, provided they are solemnized following their own traditions.
- Marriages where both parties have lived together as husband and wife for at least five years and are without any legal impediment to marry each other (Article 34).
Effect of Absence of License: Marriages conducted without a valid marriage license are void, except when exempt under special circumstances mentioned above (Article 35(3)).

c. Marriage Ceremony

Requirement: There must be a marriage ceremony where both parties personally appear before the solemnizing officer, declare their consent to be married, and confirm it in the presence of at least two witnesses of legal age.
Importance of Ceremony: The marriage ceremony is essential to signify the formal act of entering into marriage.
Effect of Absence of Ceremony: A marriage without a ceremony is void ab initio (void from the beginning), as it fails to meet the formal requisite.

Additional Considerations

1. Void and Voidable Marriages

Void Marriages: Marriages that lack essential or formal requisites are void. These include:
- Marriages without legal capacity or a valid marriage license.
- Bigamous or polygamous marriages (except as allowed in Article 41 when a spouse is presumed dead).
- Marriages involving prohibited degrees of relationship.
Voidable Marriages: Marriages that may be annulled due to specific grounds but are otherwise valid until annulled by a competent court. Grounds include:
- Lack of parental consent.
- Mental incapacity or psychological incapacity at the time of marriage.
- Fraud, force, intimidation, or serious mistake.

2. Legal Effects of Void and Voidable Marriages

Void Marriages: Have no legal effect and do not create any rights or obligations between the parties, except concerning the legitimacy of children and property acquired in good faith.
Voidable Marriages: Remain valid unless annulled, and legal rights and obligations persist until annulment.

3. Judicial Declarations

In cases of void marriages, judicial declaration of nullity is necessary to clarify marital status and establish legal rights and obligations for both parties.

Conclusion

The essential and formal requisites of marriage in the Philippines are strictly governed to preserve the institution of marriage and protect the rights of both parties. These requisites underscore the importance of mutual consent, legal capacity, and adherence to procedural formalities in entering a valid marriage. The Family Code, along with relevant Supreme Court decisions, upholds these principles to ensure that marriage remains a solemn contract with binding social and legal obligations.