THE FAMILY CODE

EXECUTIVE ORDER NO. 209

On July 6, 1987, this was signed into law by President Corazon C. Aquino.

Subsequently, Executive Order No. 277 (amendments to FC) was signed by

President Aquino on July 17, 1987.

Subjected to further amendments and modifications specifically referring to

Articles 26, 36 and 39.

On August 3, 1988, the Family Code of the Philippines finally took effect.

Republic Act No. 6809 was passed on October 20, 1989. It took effect on
December 18, 1989

Amended Title X of the Family Code dealing with emancipation and the age of
majority.
Effectivity:

Art. 257 of the FC provides that it shall take affect one year after the
completion of its publication in a newspaper of general circulation as certified
by the Executive Secretary, Office of the President.

Published in Manila Chronicle issue of Aug. 4, 1988. It took effect on Aug. 3

1988
o Why not Aug 4? Bec. 1988 is a leap year.
Reasons for the enactment:
1. Conjugal partnership of gains is not in accord with Filipino customs
2. The absurd situation of several marriages already annulled by Canon Law
(Church) nut still considered married under Civil.
3. Unequal treatment of husband and wife as to rights and responsibilities
4. The inadequacy of safeguards for strengthening marriage and the family
5. The absurdity of limiting the grounds for legal separation to the two grounds
provided by the Civil Code
6. The need for additional safeguards for the adoption children by foreigners
7. To bring our law in step with or abreast of the latest scientific discoveries
TITLE 1: MARRIAGE
ARTICLE 1. MARRIAGE IS A SPECIAL CONTRACT OF PERMANENT UNION BETWEEN A
MAN AND A WOMAN ENTERED INTO IN ACCORDANCE WITH THE LAW FOR THE
ESTABLISHMENT OF CONJUGAL AND FAMILY LIFE. IT IS THE FOUNDATION OF THE
FAMILY AND AN INVIOLABLE SOCIAL INSTITUTION WHOSE NATURE, CONSEQUENCES,
AND INCIDENTS ARE GOVERNED BY LAW AND NOT SUBJECT TO STIPULATION, EXCEPT
THAT MARRIAGE SETTLEMENTS MAY FIX THE PROPERTY RELATIONS DURING THE
MARRIAGE WITHIN THE LIMITS PROVIDED BY THIS CODE. (52A)
Improves on the definition provided by Art. 52 of the civil code:
1. Marriage is a special contract

2.
3.
4.
5.

Permanent union
Union is between man and woman
Union must be entered into in accordance w/ law
Purpose of marriage is the establishment of conjugal and family life

The Two Aspects of Marriage

1. It is a special contract. (Art. 1).
2. It is a status or a relation or an institution.

As a status, the principle in contracts that the parties may, by mutual

agreement, put an end to it, cannot certainly apply, for the consequences of
the marriage as a rule are fixed by LAW. (Art. 52).

Notaries public who draw up instruments destroying the inviolability of

marriage (such as agreements permitting spouses to have carnal knowledge
with third parties) are subject to disciplinary action.

The phrase after a marriage can refer to something after a wedding or

after the dissolution of a marriage.

The enactment of RA 6955 declaring unlawful the practice of matching Filipino

women for marriage to foreign nationals on a mail-order basis and other similar practices.

The enactment of RA 6955 declaring unlawful the practice of matching Filipino

women for marriage to foreign nationals on a mail-order basis and other similar practices.
Difference of Marriage to Ordinary Contract
1. Marriage is no longer a contract but a social institution
2. The age for ordinary contracts is the age of majority; for marriage, the age
varies
3. Only a man and woman can enter into marriage
4. It is permanent and could only be dissolved by the death of one party, unless it
is annulled or declared null; Ordinary could end as provided by its stipulation
or by law
5. Ordinary agreement of parties has the force of law; Marriage rights and
duties of parties are fixed by law and not subject to stipulations since it is
already an institution of public order (except in the marriage settlement
provision)
6. Ordinary- the breach of one gives rise to action for damages; Marriage breach
of one does not give rise to obligations but the law prescribes penal and civil
sanctions (concubinage, adultery, legal separation, divorce)
Marriage as a status carries with it implications in two fields (Sempio-Diy)

Realm of personal rights and obligations of the spouses

o Personal matter between husband and wife and will not ordinarily be
intervened by the court

Realm of property relations

o Several judicial sanctions applicable

Some Principles
a. Union Physical and spiritual mating.
b. Of one man with one woman This is monogamy, which is the ideal marriage
c. Reciprocal blessings Marriage is a 50-50 proposition; the wife must not
henpeck the husband; neither must the husband oppress the wife
d. Birth Since one of the purposes of marriage is the procreation of children,
the natural moral law prohibits artificial birth control. (For this is neither birth,
nor control; not birth, for no children are born; not control, for this would
result only in excess and indulgence.)
e. Rearing The care of BOTH parents is essential; too often, the rearing is done
by the mother alone, which is tragic
f. Education of children It is the natural right of parents to educate their
children
Rules Governing Marriage Before the New Civil Code

For the marriage ceremony Under Spain, only the religious or canonical
marriages were recognized in the Philippines. Marriages in Spanish Civil Code
never reached us.

For some effects of marriage Arts. 44 to 78 of the Spanish Marriage Law of

1870 were partly in force

For properties of the marriage and for property contracts on the occasion of
marriage Arts. 1315 to 1444 of the old Civil Code governed.

BUT: Arts. 42 to 107 of the old Civil Code were never enforced in the
Philippines because their application here was suspended by a decree of the
Spanish Governor-General dated
Offer of Marriage

The offer of the accused to marry the victim establishes his guilt. As a rule in
rape cases, an offer of marriage is an admission of guilt.
Acknowledgment of Offspring of Crime

Persons guilty of rape shall be sentenced to acknowledge the offspring of the

crime unless the law should prevent from doing so.
Guidelines for the Proper Appreciation of Minority Either as an Element of a Crime or
as a Qualifying Circumstances

the best evidence to prove the age of the offended party is an original or
certified true copy of the certificate of live birth of such party

in its absence, similar authentic documents such as baptismal certificate and

school records which show the date of birth of the victim would suffice to
prove age

if the certificate of live birth or authentic document is shown to have been lost
or destroyed or otherwise unavailable, the testimony, if clear and credible, of
the victims mother or a member of the family either by affinity or
consanguinity who is qualified to testimony on matters respecting pedigree
such as the exact age or date of birth of the offended party pursuant shall be
sufficient

in the absence of all the above, the complainants testimony will suffice
provided it is expressly and clearly admitted by the appellant

ARTICLE 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. (53A)
ARTICLE 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

3)

A MARRIAGE CEREMONY WHICH TAKES PLACE WITH THE 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.
(53A, 55A)

2 ESSENTIAL REQUISITES OF MARRIAGE (Intrinsic)

1. Legal Capacity
2. Consent
Legal Capacity

parties must have the necessary age or the necessary consent of parents in
certain cases. They must be of different sexes as dictated by biological law (two
sexes cannot procreate).

There must be no impediment caused by a PRIOR EXISTING MARRIAGE or by

CERTAIN RELATIONSHIPS by affinity (law) or consanguinity (blood).
o Through deceit or fraud, the marriage is void.
Consent

Consent refers to the consent of the contracting parties, not parental

consent. Parental consent is in connection with requisite No. 1 referring to legal
capacity

Consent is required because marriage is a contract, a voluntary act. (Freely

given)

If there is consent, but it is VITIATED by error, fraud, intimidation, force, etc.,

the marriage is not void; it is merely VOIDABLE, i.e., valid until annulled.

Parties must personally appear before the solemnizing OFFICER during

marriage

3 FORMAL REQUISITES OF MARRIAGE (Extrinsic Form)

1. Authority of the person solemnizing the marriage

Under the old Marriage Law (Act 3613, Sec. 27), the marriage was considered
completely valid if, at the time of solemnization, both the spouses or one of
them believed in good faith that the solemnizer was actually empowered to do
so and that the marriage was perfectly legal.

Under the Civil Code, however, the good or bad faith of the parties was
immaterial. If the person performing the marriage had no authority to do so,
the marriage was void, regardless of the good or bad faith of the parties.

Under the Family Code, even if the solemnizing OFFICER is not authorized, the
marriage would be valid if either or both parties believe in good faith in his
authority to solemnize the marriage. (This is Art. 35 (2) of the family Code)
2.

A marriage license
What is required is the marriage license, not the marriage certificate. The latter
is not an essential or formal requisite; thus, an oral solemnization is valid. In
fact, a marriage may be proved by oral evidence.

3.

A marriage ceremony
This must be made in the presence of not less than two witnesses of legal age
and before a solemnizing OFFICER.

ART. 4. THE ABSENCE OF ANY OF THE ESSENTIAL OR FORMAL REQUISITES SHALL

RENDER THE MARRIAGE VOID AB INITIO, EXCEPT AS STATED IN ARTICLE 35(2).
A DEFECT IN ANY OF THE ESSENTIAL REQUISITES SHALL RENDER THE MARRIAGE
VOIDABLE AS PROVIDED IN ARTICLE 45
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.
DEFECT VS. IRREGULARITIES

A defect is an irregularity but not every irregularity is a defect.

Defects apply to essential reqs which renders the marriage voidable

Irregularities apply to formal reqs which renders the marriage still valid, but the
parties are subjected to liabilities.
Examples of Void Marriages in Essential Reqs: (Sempio-Diy)
1. Absence of legal capacity
a. Marriage between children.
b. Marriage between an adult and a child
c. Same sex marriage

2.

d. Marriage between relatives (legal impediments)

Absence of consent
a. Marriage in jest/joke
b. Marriage in movies, stage plays
c. Mistaken identity of one party under Art. 35(5) of FC

Examples of Void Marriages in Formal Reqs:

1. Absence of the solemnizing OFFICER
a. By a judge who already retired
b. Judge outside his judicial jurisdiction
c. Pretending judge/priest
d. Priest who has no authority to marry
2. Absence of a valid license
a. No license
b. Expired
3. Absence of Marriage Ceremony
a. Common Law Marriage (Live-in partners)
b. Marriage by proxy (one or more parties does not appear during the
ceremony and is replaced by their proxy)
c. Secret Marriage there is no such thing in our law that allows this.
Examples of Defect
1. Defect in legal capacity wherein the parties between ages 18 to 21 got married
w/o parental consent
2. If there is consent, but it is VITIATED by error, fraud, intimidation, force, etc.,
the marriage is not void; it is merely VOIDABLE, i.e., valid until annulled.
Examples of Irregularity
1. Marriage license was not applied in the place specified in Art. 9 (where the
party habitually resides)
2. License was signed by a mere employee of the Local civil registrar. He/she must
be authorized by the office itself. If not authorized, the marriage is void not just
voidable.
3. A 10-day posting of the application of license is not complied, but the license
was issued
4. Partied did not declare their intent to marry to a solemnizing OFFICER
5. Parties did not comply w/ parental advice (Art. 15), counseling (Art. 16) or
family planning seminar (PD 965), but their license was issued.
6. There are no witnesses to the marriage.
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)

Art. 54 of the Civil Code - the marriageable age was 14 yrs. for females and 16
yrs. for males.

Likewise, parties of marriageable ages and not suffering from any legal impediment are obligated to still comply with other essential as well as formal
requisites.
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 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.
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. (55A)
Necessity for a Ceremony or Celebration

A ceremony is required, although no particular form for it is needed. And it

must be before a duly authorized person. It need not be written; signs would
be sufficient (People v. Cotas, C.A., 40 O.G. 3154) but in no case would a
common-law marriage between Filipinos be considered as valid, for
performance must be before the proper OFFICER.

Is a common-law marriage valid in the Philippines if between foreigners, and if

the relationship began abroad?

It would seem that the answer is yes, provided that it is valid according to the
personal law of the parties and according to the place where the relationship
began
Rules on Marriages by Proxy

If performed here in the Philippines, the marriage is void because physical

presence of both parties is required.

If performed abroad, whether between Filipinos or foreigners or mixed, it

would seem that the controlling Article is Art. 26 of the Family Code (lex loci
celebracionis). Hence, ordinarily, if the marriage by proxy is valid as such where
celebrated, it should be considered as valid in the Philippines, without
prejudice to any restrictions that may be imposed by our Immigration Laws for
purposes of immigration
Effect If One Party is Not Asked

If the solemnizing OFFICER after hearing the wife says I do, forgot to ask the
groom on the same matter, the marriage would be valid, just the same, so long
as the groom also signed the marriage certificate.
In ARTICULO MORTIS (at the point of death)
At the point of death of one or both of the parties, the marriage is still valid even if:
1. There were no witnesses

2.
3.

The parties did not orally declare their intent

No marriage certificate
Failure to comply with the above requirements ARE MERE IRREGULARITIES that
do not affect the validity of marriage.

ART. 7. MARRIAGE MAY BE SOLEMNIZED BY:

1) ANY INCUMBENT MEMBER OF THE JUDICIARY WITHIN THE COURTS JURISDICTION;
2) ANY PRIEST, RABBI, IMAM, OR MINISTER OF ANY CHURCH OR RELIGIOUS SECT DULY
AUTHORIZED BY HIS CHURCH OR RELIGIOUS SECT AND REGISTERED WITH THE CIVIL
REGISTRAR GENERAL, ACTING WITHIN THE LIMITS OF THE WRITTEN AUTHORITY
GRANTED HIM BY HIS CHURCH OR RELIGIOUS SECT AND PROVIDED THAT AT LEAST ONE
OF THE CONTRACTING PARTIES BELONGS TO THE SOLEMNIZING OFFICERS CHURCH OR
RELIGIOUS SECT;
3) ANY SHIP CAPTAIN OR AIRPLANE CHIEF ONLY IN CASES MENTIONED IN ARTICLE 31;
4) ANY MILITARY COMMANDER OF A UNIT TO WHICH A CHAPLAIN IS ASSIGNED, IN THE
ABSENCE OF THE LATTER, DURING A MILITARY OPERATION, LIKEWISE ONLY IN THE
CASES MENTIONED IN ARTICLE 32; OR
5) ANY CONSUL-GENERAL, CONSUL OR VICE-CONSUL IN THE CASE PROVIDED IN
ARTICLE 10. (56A)
Governors, Mayors and Ambassadors Lack Authority to Solemnize Marriages

Those not listed in Art. 7, no matter how high their authorities are, cannot
solemnize marriages. (Inclusio unius est exclusio alterius What the law does
not include, it excludes.)

Under the Local Government Code, however, mayors are now authorized to
perform marriages within their jurisdiction. (See Secs. 444-455, Local
Government Code).
JUDGES:
Courts of the Philippines are:
1. SC
2. CA
3. Court of tax appeals
4. Sandigang Bayan
5. RTCs
6. MTCs

Courts one to four has the authority to solemnize marriages in the entire
country

Courts 5 and 6 is only authorized in their jurisdictions

PRIESTS, RABBIS, MINISTERS

1.
2.

They must be duly authorized by his church

Registered with the office of the civil registrar
It is required that at least one of the parties belongs to the solemnizing
OFFICERs church or religion and the religion of the parties must be stated in
their marriage contract. (Art. 22).

Ship Captain or Airplane Chief

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 ight, but also during stopovers at ports of call (Art. 31)
Military Commander
1. Military commander must be a commissioned OFFICER (Art 32) not a mere
Corporal or sergeant
2. Only in articulo mortis cases within the zone of military operations whether
civilian or members of the army
3. This solemnization could only be done in the absence of the chaplain
4. The unit of the military commander must be a battalion, not just a company
5. There must be an emergency military maneuvers, police actions,
declared/undeclared wars, civil war or rebellion
Consuls general, Consuls, or Vice Consuls

They could only solemnize marriages between two Filipinos abroad.

o 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 official.
(Art. 10)

Consuls on home assignment (those that are here in the PH) cannot solemnize
marriage)
ARTICLE 8: THE MARRIAGE SHALL BE SOLEMNIZED PUBLICLY IN THE CHAMBERS OF THE
JUDGE OR IN OPEN COURT, IN THE CHURCH, CHAPEL OR TEMPLE, OR IN THE OFFICE OF
THE CONSUL-GENERAL, CONSUL OR VICE CONSUL, AS THE CASE MAY BE, AND NOT
ELSEWHERE, EXCEPT IN CASES OF MARRIAGES, CONTRACTED AT THE POINT OF DEATH
OR IN REMOTE PLACES IN ACCORDANCE WITH ARTICLE 29 OF THIS CODE, OR WHERE
BOTH OF THE PARTIES REQUEST THE SOLEMNIZING OFFICER IN WRITING IN WHICH
CASE THE MARRIAGE MAY BE SOLEMNIZED AT A HOUSE OF PLACE DESIGNATED BY
THEM IN A SWORN STATEMENT TO THAT EFFECT.
1. Reason for public solemnization
requirement that the marriage be done publicly is based on the premise that the
state takes an active interest in the marriage
more people witness the marriage, more people can notify the solemnizing
OFFICER if they know of any impediments to said marriage
2. Instances where Public Solemnization in Not Needed

a. Marriage in chambers of the Justice or Judge**** (included in paras but not

in sempio-dy and sta. maria)
b. In marriage in articulo mortis (at the point of death)
c. In marriages in a remote place
d. When both parties request in writing for solemnization in some other place.
The place must be designated in a sworn statement.
3. this provision is only directory in nature, not mandatory so that non compliance
therewith will not invalidate the marriage but can cause violation to civil, criminal, or
administrative liability
4. marriage cannot be solemnized by a judge on a Sunday because it is not an office day
ARTICLE 9. A MARRIAGE LICENSE SHALL BE ISSUED BY THE LOCAL CIVIL REGISTRAR OF
THE CITY OR MUNICIPALITY WHERE EITHER CONTRACTING PARTY HABITUALLY
RESIDES, EXCEPT IN MARRIAGES WHERE NO LICENSE IS REQUIRED IN ACCORDANCE
WITH CHAPTER 2 OF THIS TITLE. (58A)
1. Where Marriage License Should Be Issued
marriage license should be issued by the local civil registrar of the municipality
where EITHER contracting party habitually resides (if this issuance is not
complied with, the marriage would still be valid provided all other requisites
are present)
solemnizing OFFICER does not have to investigate whether or not the license
had been properly issued in the place required by law
2. Marriages of Exceptional Character (No marriage license required)
a. In articulo mortis (Art. 27)
b. In a remote place (Art. 28)
c. Ratification of marital cohabitation- marriage of people who have previously
cohabited for at least 5 years ( Art. 34)
d. marriages between pagans or Mohammedans, who live in non- Christian
provinces, and who are married in accordance with their customs (Art. 33)
3. Religious Ratification
religious ratification of a valid marriage does not require a marriage license
4. This provision is useful in small communities where people know one another. Names
of the applicants for marriage license are posted by the local civil registrar under Art
17 and anyone who knows of an impediment to an intended marriage may inform
him about it
5. Violation of this provision will not invalidate the marriage license, but the party who
falsified his or her application for marriage license by stating that he or she is a
resident of the place where the license was applied for is criminally liable
ARTICLE 10. MARRIAGES 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 THE MARRIAGE SHALL BE PERFORMED BY SAID CONSULAR OFFICIAL.
(75A)
1. If performed abroad
marriage between Filipino citizens abroad by the Filipino consular official, the
provisions on marriage found under the Family Code shall apply (as if the marriage is
performed in the Philippines)
*** Art 17 of the Civil Code- when contracts are executed before the
diplomatic or consular officials of the RP in a foreign country, the
solemnities established by the Philippine laws shall be observed in their
execution
consular official of the Philippines abroad shall discharge the duties of the local civil
registrar and of the solemnizing official
marriage license is still required (to be issued by the consular official who will
solemnize the wedding)
marriage must be between Filipino citizens abroad; if one is a foreigner this article
does not apply
Filipino citizens abroad- Filipinos permanently residing abroad or who are mere
transients or vacationists there
ARTICLE 11. WHERE A MARRIAGE LICENSE IS REQUIRED, EACH OF THE CONTRACTING
PARTIES SHALL FILE SEPARATELY A SWORN APPLICATION FOR SUCH LICENSE WITH THE
PROPER LOCAL CIVIL REGISTRAR WHICH SHALL SPECIFY THE FOLLOWING:
1.
2.
3.
4.
5.

FULL NAME OF THE CONTRACTING PARTY

PLACE OF BIRTH
AGE AND DEATH OF BIRTH
CIVIL STATUS
IF PREVIOUSLY MARRIED, HOW, WHEN AND WHERE THE PREVIOUS MARRIAGE
WAS DISSOLVED OR ANNULLED
6. PRESENT RESIDENCE AND CITIZENSHIP
7. DEGREE OF RELATIONSHIP TO THE CONTRACTING PARTIES
8. FULL NAME, RESIDENCE AND CITIZENSHIP OF THE FATHER
9. FULL NAME, RESIDENCE AND CITIZENSHIP OF THE MOTHER
10. FULL NAME, RESIDENCE AND CITIZENSHIP OF THE GUARDIAN OF PERSON HAVING
CHARGE, IN CASE THE CONTRACTING PARTY HAS NEITHER FATHER NOR MOTHER
AND IS UNDER THE AGE OF 21 YEARS
THE APPLICANTS, THEIR PARENTS OR GUARDIANS SHALL NOT BE REQUIRED TO EXHIBIT
THEIR RESIDENCE CERTIFICATES IN ANY FORMALITY IN CONNECTION WITH THE
SECURING OF THE MARRIAGE LICENSE (59A)
1. This article provides that data must be included in the application for the marriage
license

Application for marriage license is required to be under oath so that the applicants
would tell the truth in their applications. Lying in any detail therein is perjury.
oath to the application shall be administered by the local civil registrar with whom the
application for license is filed
two parties to the intended marriage are required to file separate or individual sworn
applications because the data that they will state under oath are different
Falsification of information such as age, civil status, absence of relationship with each
other, in the marriage applications, will not render the license invalid if issued by the
local civil registrar of the place where the application is filed. However, the party who
gave wrong information would be civilly, criminally and administratively liable.
If the local civil registrar despite his knowledge of the falsity of information still issues
the license, he shall be civilly, criminally and administratively liable, but the marriage is
still valid.
2. Purpose of documentary requirements
concern of the state to make marriages the secure and stable institution they should
be
proper documents must be maintained to serve as proofs for their existence
task of seeing to it that these documentary proofs are accomplished is given to the
local civil registrar to secure publicity and to require a record to be made of marriages
contracted
purpose of these statutes is to discourage deception and seduction, prevent illicit
intercourse under the guise of matrimony and relieve from doubt the status of parties
who live together as man and wife by providing a competent evidence of the marriage
record also furnishes evidence of the statute and legitimacy of the offspring of the
marriage
3. Marriage application
marriage application can be obtained by anybody
Once it is signed and sworn to by the parties and thereafter filed, the local civil
registrar has no choice but to accept the application and process the same up to the
time of the issuance of the marriage license.
If the local civil registrar has knowledge of some legal impediment, he or she cannot
discontinue processing the application. He must only note down the legal impediments
in the application and thereafter issue the marriage license unless otherwise stopped
by the court
ARTICLE 12. THE LOCAL CIVIL REGISTRAR, UPON RECEIVING SUCH APPLICATION, SHALL
REQUIRE THE PRESENTATION OF THE ORIGINAL BIRTH CERTIFICATES OR, IN DEFAULT
THEREOF, THE BAPTISMAL CERTIFICATES OF THE CONTRACTING PARTIES OR COPIES OF
SUCH DOCUMENTS DULY ATTESTED BY THE PERSONS HAVING CUSTODY OF THE
ORIGINALS. THESE CERTIFICATES OR CERTIFIED COPIES OF THE DOCUMENTS REQUIRED
BY THIS ARTICLE NEED NOT BE SWORN TO AND SHALL BE EXEMPT FROM THE
DOCUMENTARY STAMP TAX. THE SIGNATURE AND OFFICIAL TITLE OF THE PERSON
ISSUING THE CERTIFICATE SHALL BE SUFFICIENT PROOF OF ITS AUTHENTICITY.

IF EITHER OF THE CONTRACTING PARTIES IS UNABLE TO PRODUCE HIS BIRTH OR

BAPTISMAL CERTIFICATE OR A CERTIFIED COPY OF EITHER BECAUSE OF THE
DESTRUCTION OR LOSS OF THE ORIGINAL, OR IF IT IS SHOWN BY AN AFFIDAVIT OF
SUCH PARTY OR OF ANY OTHER PERSON THAT SUCH BIRTH OR BAPTISMAL
CERTIFICATE HAS NOT YET BEEN RECEIVED THOUGH THE SAME HAS BEEN REQUIRED OF
THE PERSON HAVING CUSTODY THEREOF AT LEAST FIFTEEN DAYS PRIOR TO THE DATE
OF THE APPLICATION, SUCH PARTY MAY FURNISH IN LIEU THEREOF HIS CURRENT
RESIDENCE CERTIFICATE OR AN INSTRUMENT DRAWN UP AND SWORN TO BEFORE THE
LOCAL CIVIL REGISTRAR CONCERNED OR ANY PUBLIC OFFICIAL AUTHORIZED TO
ADMINISTER OATHS. SUCH INSTRUMENT SHALL CONTAIN THE SWORN DECLARATION
OF TWO WITNESSES OF LAWFUL AGE, SETTING FORTH THE FULL NAME, RESIDENCE
AND CITIZENSHIP OF SUCH CONTRACTING PARTY AND OF HIS OR HER PARENTS, IF
KNOWN, AND THE PLACE AND DATE OF BIRTH OF SUCH PARTY. THE NEAREST OF KIN
OF THE CONTRACTING PARTIES SHALL BE PREFERRED AS WITNESSES, OR, IN THEIR
DEFAULT, PERSONS OF GOOD REPUTATION IN THE PROVINCE OR THE LOCALITY.
THE PRESENTATION OF BIRTH OR BAPTISMAL CERTIFICATE SHALL NOT BE REQUIRED IF
THE PARENTS OF THE CONTRACTING PARTIES APPEAR PERSONALLY BEFORE THE LOCAL
CIVIL REGISTRAR CONCERNED AND SWEAR TO THE CORRECTNESS OF THE LAWFUL AGE
OF SAID PARTIES, AS STATED IN THE APPLICATION, OR WHEN THE LOCAL CIVIL
REGISTRAR SHALL, BY MERELY LOOKING AT THE APPLICANTS UPON THEIR PERSONALLY
APPEARING BEFORE HIM, BE CONVINCED THAT EITHER OR BOTH OF THEM HAVE THE
REQUIRED AGE. (60A)
Rules in determining whether parties have required age for marriage
Article 12 sets forth rules by which the civil registrar shall determine as to whether the
parties have the required age for marriage
1. best proof of ones age is his birth certificate or, if the same is not available, his
baptismal certificate
2. If the foregoing documents cannot be presented, the applicant may just present his
current residence certificate or the affidavit of two witnesses. Nearest kin are
preferred.
3. The parents of the parties may just accompany them to the office of the local civil
registrar to certify their ages
4. the local civil registrar may, however, be satisfied as to the ages of the parties in
proper cases by just looking at them
Article 13. IN CASE EITHER OF THE CONTRACTING PARTIES HAS BEEN PREVIOUSLY
MARRIED, THE APPLICANT SHALL BE REQUIRED TO FURNISH, INSTEAD OF THE BIRTH
OR BAPTISMAL CERTIFICATE REQUIRED IN THE LAST PRECEDING ARTICLE, THE DEATH
CERTIFICATE OF THE DECEASED SPOUSE OR THE JUDICIAL DECREE OF THE ABSOLUTE
DIVORCE, OR THE JUDICIAL DECREE OF ANNULMENT OR DECLARATION OF NULLITY OF
HIS OR HER PREVIOUS MARRIAGE. IN CASE THE DEATH CERTIFICATE CANNOT BE
SECURED, THE PARTY SHALL MAKE AN AFFIDAVIT SETTING FORTH THIS CIRCUMSTANCE

AND HIS OR HER ACTUAL CIVIL STATUS AND THE NAME AND DATE OF DEATH OF THE
DECEASED SPOUSE. (61A)

Art. 13 is a substitute for Art. 12

This is when either party had been previously married in which case the applicant or
applicants if both parties had been previously married, shall present in lieu of birth or
baptismal certificate, the enumerated listing in Art. 13
1. if the death certificate of ones deceased spouse cannot be presented, an affidavit
executed by the applicant as to the facts of the death of his or her spouse would do
2. if the applicant has had a marriage that had been annulled of declared null and void,
or he has been divorced under the old law or under the second part of Art 26 of this
Code, he shall present the decree of annulment, nullity of marriage or divorce
ARTICLE 14. IN CASE EITHER OR BOTH OF THE CONTRACTING PARTIES, NOT HAVING
BEEN EMANCIPATED BY A PREVIOUS MARRIAGE, ARE BETWEEN THE AGES OF
EIGHTEEN AND TWENTY-ONE, THEY SHALL, IN ADDITION TO THE REQUIREMENTS OF
THE PRECEDING ARTICLES, EXHIBIT TO THE LOCAL CIVIL REGISTRAR, THE CONSENT TO
THEIR MARRIAGE OF THEIR FATHER, MOTHER, SURVIVING PARENT OR GUARDIAN, OR
PERSONS HAVING LEGAL CHARGE OF THEM, IN THE ORDER MENTIONED. SUCH
CONSENT SHALL BE MANIFESTED IN WRITING BY THE INTERESTED PARTY, WHO
PERSONALLY APPEARS BEFORE THE PROPER LOCAL CIVIL REGISTRAR, OR IN THE FORM
OF AN AFFIDAVIT MADE IN THE PRESENCE OF TWO WITNESSES AND ATTESTED BEFORE
ANY OFFICIAL AUTHORIZED BY LAW TO ADMINISTER OATHS. THE PERSONAL
MANIFESTATION SHALL BE RECORDED IN BOTH APPLICATIONS FOR MARRIAGE
LICENSE, AND THE AFFIDAVIT, IF ONE IS EXECUTED INSTEAD, SHALL BE ATTACHED TO
SAID APPLICATIONS. (61A)
1. No emancipation by marriage under the Family Code. Emancipation is attained if the
child reaches the age of 18 years.
2. Marriage without needed consent, the marriage is voidable.
3. Parental or guardians consent is required if the girl or boy is 18 and above but below
21 years old before a marriage license can be issued to the contracting parties. If any
of the contracting parties is below 18, the marriage is void (regardless of existence of
consent from parents)
4. If the applicant had already been previously emancipated by a previous marriage,
although still below 21 years, he or she does not need parental consent
- non compliance with this requirement does not make the marriage invalid or void
but merely annullable (marriage is valid until annulled)
5. Parental consent may be in the form of:
a. sworn statement acknowledged in the presence of two witnesses before any
official authorized to administer oaths
b. the parents or guardian may appear personally before the local civil registrar
and accomplish the written consent before him

6. Parental consent must be for the child to marry a specific person; it cannot be
consent to marry anyone
7. Preference is given to the father. If he cannot, the mother, surviving parent or
guardian or persons having legal charge of them in the order mentioned shall give the
consent