Below is an in-depth discussion of the validity of parental marriage under Philippine law and its legal implications, especially as they relate to children. This article surveys the essential and formal requisites of marriage, grounds that render a marriage void or voidable, and the effects on parental authority, legitimacy of children, inheritance, and other related legal consequences.

I. Introduction

In the Philippines, the validity or invalidity of a marriage has far-reaching legal consequences. The issue of parental marriage validity particularly impacts children—on questions of legitimacy, support, inheritance, and family relations. The fundamental laws governing marriage in the country are primarily found in the Family Code of the Philippines (Executive Order No. 209, as amended) and related jurisprudence handed down by the Philippine Supreme Court.

II. Essential and Formal Requisites of Marriage

A. Essential Requisites

Under Article 2 of the Family Code, the following are the essential requisites of a valid marriage:

Legal Capacity of the Contracting Parties: The parties must be a male and a female who are at least eighteen (18) years old and not under any impediment to marry.
Consent Freely Given: Consent must be mutual, voluntary, and free from any form of intimidation, violence, or fraud.

B. Formal Requisites

Under Article 3 of the Family Code, the formal requisites of marriage are:

Authority of the Solemnizing Officer: The marriage must be solemnized by a priest, rabbi, imam, or other religious minister authorized by the government, or by a judge or other authorized public official.
Valid Marriage License: Issued by the local civil registrar in accordance with the law, except in certain exceptional cases (e.g., marriages in articulo mortis, where one party is at the point of death; marriages among indigenous cultural communities under certain conditions; or marriages solemnized outside the Philippines in accordance with the laws of the foreign country).
Marriage Ceremony: With at least two witnesses of legal age, where both parties appear before the solemnizing officer and declare that they take each other as husband and wife.

C. Consequences of Non-Compliance

Failure to comply with either the essential or formal requisites generally renders a marriage void ab initio (void from the beginning) or voidable, depending on the specific circumstances.

Void Marriage: A marriage that is unlawful or invalid from its inception, e.g., bigamous or incestuous marriages, psychological incapacity (Article 36), absence of a valid marriage license, among others.
Voidable Marriage: A marriage that is valid until declared null by a competent court, e.g., marriages entered into by a party who was eighteen (18) but below twenty-one (21) without parental consent (before the age requirements were changed), or marriages under fraud, intimidation, etc.

III. Grounds That Render a Marriage Void or Voidable

A. Void Marriages (Articles 35, 36, 37, 38, Family Code)

One or Both Parties Below 18 Years of Age (Article 35[1]).
Bigamous or Polygamous Marriages (except those declared void for lack of a final judgment of annulment or declared nullity of a previous marriage; Article 35[4]).
Mistake in Identity (Article 35[5]).
Subsequent Marriage Void Under Article 53: Failure to comply with the recording and liquidation requirements of a previous marriage before contracting a subsequent marriage (Article 35[4] and Article 53).
Incestuous Marriages (Article 37).
Against Public Policy: Collateral blood relatives or in-laws within certain prohibited degrees (Article 38).
Psychological Incapacity (Article 36): A severe and incurable psychological disorder that renders one party incapable of fulfilling the essential obligations of marriage.

B. Voidable Marriages (Articles 45 and 46)

Lack of Parental Consent (applies when one or both parties are between 18 and 21, if contracted prior to the current Family Code or under prior laws).
Insanity: One party was of unsound mind at the time of marriage.
Fraud: E.g., concealment of a sexually transmitted disease, pregnancy by another man, conviction of a crime involving moral turpitude, etc.
Force, Intimidation, or Undue Influence.
Physical Incapacity or STD: Incurable sexually transmissible disease.

IV. Effects of a Marriage’s Validity or Invalidity on Children

A. Legitimacy and Legitimation

Children of a Valid Marriage
- Are legitimate. They enjoy full rights under the Family Code, including the right to use the father’s surname, receive support, inheritance, and other rights.
Children Born of a Void Marriage
- General Rule: They are considered illegitimate.
- Exception (Putative Marriage): If the marriage is later declared void, but at least one or both parents entered into the marriage in good faith, the children are sometimes referred to as born of a "putative marriage" and may be considered legitimate (e.g., Article 54 of the Family Code). However, this protection usually applies when the cause of nullity is something other than incest or bigamy and there was no bad faith by the parties.
Legitimation
- In specific instances (e.g., prior to RA 9858, as amended by RA 9255), children born out of wedlock may become legitimate if their parents subsequently marry each other, provided no legal impediment existed at the time of the child’s conception.
- If the marriage itself is void from the beginning (due to bigamy, incest, or other absolute impediments), legitimation generally cannot occur.

B. Parental Authority

Valid Marriage: Both parents jointly exercise parental authority over legitimate children.
Void or Annulled Marriage: Even if the marriage is declared void or annulled, the obligations of the parents (such as support, custody, and care) over their child remain. However, the parental authority might shift depending on custody orders or guardianship, especially if the child is declared illegitimate.
Illegitimate Children: Generally, the mother exercises parental authority. The father may be required to contribute support once paternity is established or acknowledged.

C. Inheritance and Property Rights

Legitimate Children:
- Entitled to a legitime (a portion of the estate) under Philippine law.
- Share in inheritance alongside any surviving spouse and other heirs.
Illegitimate Children:
- Entitled to receive one-half (1/2) of the legitime of a legitimate child.
- They do not share the same inheritance rights as legitimate children, but they still receive a portion mandated by law.

D. Support and Maintenance

Regardless of the marriage’s validity, both biological parents are generally obliged to support their children, covering education, healthcare, nourishment, and other basic necessities.

V. Judicial Declaration of Nullity or Annulment: Effects on Children

A. Declaration of Nullity (Void Marriages)

A void marriage is considered nonexistent from the start. To officially establish its nullity, a Judicial Declaration of Nullity of Marriage is required. Once declared void:

The children generally become illegitimate, unless covered by the putative marriage doctrine under Article 54 of the Family Code.
The court will issue orders regarding the custody and support of the children.

B. Annulment (Voidable Marriages)

An annulment requires a final judgment by a competent court. Before that, the marriage is presumed valid. Once a marriage is annulled:

The children conceived or born before the annulment are generally considered legitimate (Article 54), unless proven otherwise.
The decree will likewise address custody and support issues.

VI. Other Legal Implications of Parental Marriage Validity

A. Property Relations

If a marriage is declared void, the property regime (e.g., absolute community or conjugal partnership) is generally dissolved. The parties return to their status before marriage. Property distribution rules hinge on whether either or both parties acted in good or bad faith.
If the marriage is valid, the property regime (absolute community of property, conjugal partnership of gains, etc.) applies until judicial separation of property or other changes occur.

B. Use of Surnames

Legitimate children bear the father’s surname, or at times they can use the mother’s surname depending on certain conditions.
Illegitimate children customarily use the mother’s surname unless there is acknowledgment by the father under RA 9255, allowing them to use the father’s surname.

C. Social Security, Insurance, and Benefits

Children recognized as legitimate or illegitimate have claims to benefits (e.g., Social Security System (SSS) benefits, Philippine Health Insurance (PhilHealth) coverage, and other statutory entitlements) provided they are declared as dependents.
A child’s status (legitimate or illegitimate) may affect documentation requirements and entitlements, but not the fundamental right to support.

D. Criminal and Administrative Liabilities

Falsely declaring a void marriage as valid (e.g., forging marriage certificates or deceiving state authorities) may expose the parties to criminal or administrative sanctions under Philippine law (such as perjury, falsification of public documents).

VII. Key Jurisprudence and Developments

The Philippine Supreme Court has decided numerous cases clarifying the rules on psychological incapacity, bigamy, property regimes in void marriages, and the rights of children in putative marriages. Notable points include:

Santos v. Bedia-Santos (G.R. No. 112019) – The Supreme Court initially laid down guidelines on psychological incapacity.
Republic v. Molina (G.R. No. 108763) – Provides stricter interpretative guidelines on Article 36 (psychological incapacity).
Niñal v. Bayadog (G.R. No. 133778) – Discusses the status of children from void marriages and good faith of parties.
Valdes v. RTC (G.R. No. 122749) – Discusses property relations in void marriages.

While jurisprudence is continually evolving, courts consistently aim to safeguard the best interests of the child when it comes to questions of legitimacy and support.

VIII. Practical Considerations

Certificate of No Marriage (CENOMAR): Before marrying, parties often secure a CENOMAR from the Philippine Statistics Authority (PSA) to ensure that neither party has an existing valid marriage.
Marriage License Requirements: Double-check all requirements—documents, parental advice or consent (when applicable)—to avoid validity issues later.
Consult Legal Professionals: In situations involving complex family histories, potential psychological incapacity, or multiple marriages, it is prudent to seek legal counsel to ensure compliance with formal requisites and protect the rights of the children.
Putative Marriage Doctrine: If one or both spouses were in good faith (unaware of a legal impediment), the children may be given legitimate status. Proof of good faith is crucial in protecting children’s rights to inheritance and legitimacy.

IX. Conclusion

The validity of parental marriage in the Philippines has critical implications for children, particularly regarding legitimacy, inheritance rights, and parental authority. Philippine law, through the Family Code and jurisprudence, provides a framework balancing the sanctity of marriage with the need to protect the welfare of children. Even in cases where a marriage is declared void or annulled, the law ensures that children receive support and are cared for according to their best interests. However, the complexities surrounding these issues underscore the importance of strict adherence to legal requirements and, when necessary, consulting legal professionals for guidance.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. For specific legal concerns or questions, especially regarding individual circumstances, it is recommended to consult a licensed attorney in the Philippines who specializes in family law.