Philippine Bar review · Question

Practice question: Essential and Formal Requisites of Marriage; Effects of Absence, Defect, or Irregularity

Multiple Choice Medium Jurisprudence

Practice question

Two legally capacitated adults marry with freely given consent and a proper ceremony, but no marriage license exists and no statutory license exemption applies. What is the consequence of that absence?
  1. It is always only a harmless irregularity
  2. The marriage is void ab initio for absence of the required license
  3. The marriage is merely voidable only at the officer’s choice
  4. The reception validates the marriage
  5. The marriage becomes valid after a month

Legal references

  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173 — Family Code, Articles 2–5, 35(2), 35(3) and 45
  • https://lawphil.net/judjuris/juri2025/apr2025/gr_267998_2025.html — Maliwat-Melad v. Melad, G.R. No. 267998, April 23, 2025, main opinion

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