Art. 2. 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.
The parties, who must be a male and a female, must have legal capacity and must freely give their consent.
The absence of any of the essential or formal requisites shall render the marriage void ab initio. (Family Code, Art. 4)
This general rule has an exception, which is Article 35(2) of the Family Code, referring to an instance when the marriage is solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (Family Code, Art. 4)