The Family Code states, “No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer.” In addition, there are formal requisites also: (1) Authority of the solemnizing officer; (2) A valid marriage license, unless exempt; and (3) A marriage ceremony.

THE “ABSENCE” OF ANY ESSENTIAL AND/OR FORMAL REQUISITE would render the marriage void. But a “defect” in any ESSENTIAL requisite renders the marriage voidable, not void. On the other hand, any “irregularity” in any FORMAL requisite would not adversely affect the marriage’s validity, but would subject the persons responsible for the irregularities to civil, criminal, and/or administrative liabilities.

Applying these laws in the recently announced “Republic v Aguirre” (Feb. 24, 2026, per J Henri Jean Paul B. Inting, Third Division), the Supreme Court voided a couple’s marriage due to the falsity of their claimed five years of cohabitation that was used to be exempted from obtaining a marriage license. Since the marriage license was nonexistent—and thus “absent”—the marriage was deemed void.