By: Kristine C. Ramos
MARRIAGES EXEMPT FROM LICENSE REQUIREMENT
Article 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. (72a)
Article 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personal before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a)
Article 29. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to able such party to appear personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of a legal impediment to the marriage. (72a)
(articulo mortis or at the point of death)
Article 30. The original of the affidavit required in the last preceding article, together with a legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (73a)
Article 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. (74a)
Article 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. (74a)
Military Commander
– he or she must be a commissioned officer;
– he or she can solemnized a marriage if it is in articulo mortis and in the absence of chaplain
– he or she must likewise be a commander of a unit/battalion.
Article 33. Marriage among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of a marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a)
Muslims are governed by the Code of Muslim Personal Laws of the Philippines while members of the indigenous tribal group are governed by R.A. No. 6766 Organic Act for the Cordillera Autonomus Region (CAR), Article X, Section 2 “Marriages solemnized between or among members of the indigenous tribal group or cultural community in accordance with the indigenous customary laws of the place shall be valid, and the dissolution thereof in accordance with these laws shall be recognized.”
Article 34. No license shall be necessary for the marriage for a man and a woman who have lived together as husband and wife for at least five years and without any legal impediments 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 partier and found no legal impediment to the marriage. (76a)
Cohabitation for Five Years must meet two distinct conditions namely;
- they must live as such for at least five years characterized by exclusivity and continuity that is unbroken;
- they must be without any legal impediment to marry each other.
“legal impediment” – any possible ground or basis under the Family Code, including non-age and the status of being already married among others, to make a marriage infirm.
These are the exemptions from getting a marriage license under the Civil Code, marriages of exceptional character are covered by Chapter 2, comprising Articles 27 to 34. To wit, these marriages are: (1) marriages at the point of death, (2) marriages in remote places or far areas, (3) solemnizing officer that will state in the affidavit that the marriage was performed in articulo mortis (4) submission of the affidavit within 30 days (5) Chief Pilot or Ship Captains can solemnize marriages in articulo mortis (6) military commander can solemnized marriages in articulo mortis (7) Mohammedan or pagan marriages, and (8) ratification of marital cohabitation.
Case Digest: Republic v. Dayot
PERSONS AND FAMILY RELATIONS 