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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _____ 
Introduced by Representative Ron P. Salo 
EXPLANATORY NOTE 
“That is why a man leaves his 
father and mother and clings to his 
wife, and the two of them become one 
body.” – Genesis 2:24 
 Marriage as defined under the Family Code is a special contract of permanent 
union between a man and a woman. From the government, the Church, and society’s 
perspective, marriage is the foundation of the family. As a predominantly Christian 
country, marriage is considered as an inviolable social institution.  
The validity of marriage depends on the presence of the essential and the 
formal requisites. The essential requisites under Article 2 of the Family Code consist 
of the (1) legal capacity of the contracting parties who must be male and female; and 
(2) consent freely given in the presence of the solemnizing officer. On the other hand,
the formal requisites under Article 3 of the same Code, are (1) the authority of the
solemnizing officer; (2) a valid marriage license; and (3) a marriage ceremony which
takes place with the personal appearance of the contracting parties before the
solemnizing officer and their declaration that they take each other as husband and
wife in the presence of not less than two witnesses of legal age.
Thus, the presence of the contracting parties is required to comply with the 
second essential requisite and the third formal requisite as enumerated above. The 
essence therefore of the marriage ceremony is the personal appearance of the parties 
before the solemnizing officer and their declaration that they freely and willingly take 
each other as husband and wife.  
The current Covid-19 pandemic has caused the postponement and cancellation 
of many wedding ceremonies because of the prohibition on mass gatherings, 
observance of physical distancing and the health risks posed to everyone, particularly 
to the solemnizing officers who are oftentimes senior citizens. Anecdotally, many 
couples opted to live together without the benefit of marriage.  
July 1, 2022
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The Family Code took effect in 1988 or more than three decades ago when 
analog means of communication is the prevalent norm and virtual presence is just a 
pigment of imagination. Thus, its provisions may have already been overtaken by 
advancements in technology.  
Thus, it is now the opportune time to amend the essential and formal requisites 
of a valid marriage as provided under the Family Code, particularly the requirement 
that the contracting parties must physically give their consent before a solemnizing 
officer. Thus, the legal meaning of presence or personal appearance must now be 
liberally construed to include virtual presence or presence through videoconferencing. 
In fact, videoconferencing is now the new norm in most government hearings 
and meetings. Both Chambers of Congress – the Senate and the House of 
Representatives – now conduct their sessions and committee hearings virtually.  
Further, on June 25, 2019, the Supreme Court issued A.M. No. 19-05-05-SC or 
the Proposed Guidelines on the Use of Videoconferencing Technology or the Remote 
Appearance or Testimony of Certain Persons Deprived of Liberty in Jails and National 
Penitentiaries. The Supreme Court also allowed the oath-taking ceremony of the 2019 
bar examination passers via online videoconference.  
Overseas, technology allowed couples to tie the knot online. As reported, these 
were done in the Sates of New York and Colorado, among others.  
It is respectfully proposed therefore that the term presence and personal 
appearance be broadly construed to include virtual presence. 
In view of the foregoing, approval of this bill is earnestly sought. 
  RON P. SALO   
   KABAYAN Party List 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _____ 
Introduced by Representative Ron P. Salo 
AN ACT  
AMENDING ARTICLES 2, 3, 6 AND 10 OF EXECUTIVE ORDER NO. 209, OR THE 
FAMILY CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the “Virtual Wedding 
Act”. 
SEC. 2. Amendments. – Articles 2, 3, 6 and 10 of Executive Order No. 209, or 
the Family Code of the Philippines, is hereby amended to read as follows: 
“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. PRESENCE
MAY EITHER BE PHYSICAL OR VIRTUAL. IF VIRTUAL, THE
CONTRACTING 
PARTIES 
MUST 
BE 
PHYSICALLY 
PRESENT
TOGETHER IN THE SAME LOCATION.
FOR THE PURPOSE OF THIS CODE, VIRTUAL REFERS TO THE USE
OF VIDEO, AUDIO, AND DATA TRANSMISSION DEVICES THAT
ALLOW PEOPLE FROM DIFFERENT PHYSICAL LOCATIONS TO
SIMULTANEOUSLY COMMUNICATE, SEE AND HEAR EACH OTHER.
Art. 3. The formal requisites of marriage are: 
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this
Title; and
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(3) A marriage ceremony which takes place with the PHYSICAL OR VIRTUAL 
appearance of the contracting parties before the solemnizing officer and their 
personal declaration that they take each other as husband and wife in the 
presence of not less than two witnesses of legal age.  
 
 
x 
 
x 
 
x 
 
Art. 6. No prescribed form or religious rite for the solemnization of the marriage 
is required. It shall be necessary, however, for the contracting parties to appear 
personally OR VIRTUALLY before the solemnizing officer and declare in the 
presence of not less than two witnesses of legal age that they take each other 
as husband and wife. This declaration shall be contained in the marriage 
certificate which shall be signed by the contracting parties and their witnesses 
and attested by the solemnizing officer. 
 
WHEN 
THE 
MARRIAGE 
WAS 
PERFORMED 
VIRTUALLY, 
THE 
CERTIFICATE OF MARRIAGE MUST BE NOTARIZED PRIOR TO ITS 
REGISTRATION WITH THE LOCAL CIVIL REGISTRAR TO ENSURE ITS 
AUTHENTICITY AND DUE EXECUTION, AND TO PROPERLY ASCERTAIN 
THE IDENTITY OF THE CONTRACTING PARTIES.   
 
In case of a marriage in articulo mortis, when the party at the point of death is 
unable to sign the marriage certificate, it shall be sufficient for one of the 
witnesses to the marriage to write the name of said party, which fact shall be 
attested by the solemnizing officer. 
 
 
x 
 
x 
 
x 
 
Art. 10. Marriages, INCLUDING VIRTUAL, between Filipino citizens abroad 
may be solemnized by a consul-general, consul or vice-consul of the Republic 
of the Philippines. The issuance of the marriage license and the duties of the 
local civil registrar and of the solemnizing officer with regard to the celebration 
of marriage shall be performed by said consular officer. VIRTUAL 
MARRIAGES BETWEEN FILIPINO CITIZENS ABROAD MAY ALSO BE 
SOLEMNIZED BY THE OFFICERS ENUMERATED IN ART. 7, PARAGRAH 
2 OF THIS CODE UNDER THE CONDITIONS SPECIFIED THEREIN. IN THIS 
REGARD, THE MARRIAGE LICENSE SHALL BE ISSUED BY THE 
PHILIPPINE CONSULATE, AND THE MARRIAGE CERTIFICATE SHALL BE 
ACKNOWLEDGED BY THE CONTRACTING PARTIES AND REGISTERED 
THEREAT.   
 
SEC. 3. Separability Clause – If any provision or portion of this Act is declared 
unconstitutional, the remainder of this Act or any provision not thereby affected shall 
remain in full force and effect.  
 
SEC. 4. Repealing Clause. – All laws, decrees, executive orders, ordinances, 
rules, regulations, or other issuances, or parts thereof which are inconsistent with any 
of the provisions of this Act are hereby repealed, amended, and/or modified 
accordingly. 
 


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SEC. 5. Implementing Rules and Regulations. – The Department of Justice 
together with the Department of Information and Communications Technology, the 
Department of the Interior and Local Government, and the Philippine Statistics 
Authority, the Department of Foreign Affairs, in consultation with the various faiths, 
including the Roman Catholic Church, major religious groups, and with the Supreme 
Court concerning marriage solemnized by judges, shall issue the Implementing Rules 
and Regulations (IRR) within sixty (60) days from the effectivity of this Act.  
 
SEC. 6. Effectivity. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general circulation. 
 
Approved.