Marriage license a vital requisite
"My cousin’s boyfriend of seven years proposed to her a couple of months ago, and they started gathering all of the requirements for their marriage. They were not able to completely process their marriage license, but they were able to submit their application before the enhanced community quarantine (ECQ) was implemented. Can they proceed with their marriage as soon as the ECQ is lifted even without the marriage license?They will observe physical distancing, no mass gathering and such other measures required by current guidelines.
As with any other types of contracts, compliance with the requirements laid down under our laws are vital to make a marriage binding. One of these requirements is a valid marriage license. As stated under Article 3 of the Family Code of the Philippines, a marriage license is a formal requisite to a valid marriage.The absence of such a formal requisite will render your cousin’s marriage invalid or void ab initio, except if their marriage is one of those considered as “in articulo mortis,” among Muslims or among members of the ethnic cultural communities, or those who have been co-habiting for at least five years, as those are exceptional cases mentioned under the said Code:
“Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives.“Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license.
“x x x“Art. 31. A marriage in articulo mortis between passengers or crew members may also besolemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call.“Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians.
“Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices.“Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage.”Thus, it will be best for your cousin to wait for the completion of the processing and issuance of their valid marriage license if they intend to get married.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org"
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"Marriage license a vital requisite"
was written by Mary
under the Legal Advice
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comments. The article was created on 15 September 2021
and updated on 15 September 2021