MARRIAGES EXEMPT FROM THE LICENSE REQUIREMENT

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Published — January 14, 2021 

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

Read also: REQUISITES OF MARRIAGE

• Marriage license shall not be required in marriages in articulo mortis or at the point of death.

• Marriage license shall not be required for parties cohabiting for at least 5 years and without legal impediment to marry each other.

• Marriage license shall not be required for marriages among Muslims or members of ethnic cultural communities provided they are solemnized in accordance with their customs, rites or practices.

One of the formal requisites of marriage is a valid marriage license. However, could there be instances where marriage license would not be required?

Yes.

Family Code says:

“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.

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Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized 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, marriage license shall not be required in the following:

1. Marriages in articulo mortis or at the point of death:
   1. in case either or both of the contracting parties are at the point of death;
   2. marriage solemnized by a ship captain or airplane pilot;
   3. marriage within zones of military operation and solemnized by a military commander of a unit, who is a commissioned officer. 
2. Marriages in remote places where there are no means of transportation to enable the party to personally appear before the local civil registrar;
3. Marriages among Muslims or members of ethnic cultural communities provided they are solemnized in accordance with their customs, rites or practices;
4. Marriages between parties cohabiting for at least 5 years and without legal impediment to marry each other.           

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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