Text of the provision

Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage.

(54a)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

Article 5 fixes the minimum age of legal capacity to marry at eighteen, provided the party is not under one of the impediments named in Article 37 (incestuous relationships) or Article 38 (relationships void for reasons of public policy).

Age below eighteen is not a mere irregularity: it makes the marriage void from the beginning under Article 35(1), with no cure by later cohabitation or ratification. That is a deliberately harder line than the rule for parties aged eighteen to twenty-one, whose marriage without parental consent is only voidable under Article 45(1) and can be ratified.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.