Marriage Celebration or Solemnity, A6 Family Code

1. Concepts

Articulo mortis – means at the point of death.

Marriage declaration – refers to the parties categorically declaring that they take each other as husband and wife.

Marriage certificate – refers to the documentary evidence establishing the marriage between the parties.

2. No required formalities or religious rites

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)

1) As provided in this article, there is no specific solemnities, formalities, religious rites, required for the celebration of the marriage.

a. Personal appearance

Parties getting married should appear in person and before a solemnizing officer.

b. Rule: Two witnesses

There should be two witnesses who are of legal age and who will observe the couple during the marriage, particularly on the part that they take each other as husband and wife.

c. Marriage declaration

The marriage declaration between the parties should be reflected in the marriage certificate.

d. Marriage certificate

The marriage certificate is usually signed by the parties, the witnesses, and the solemnizing officer after the celebration of the marriage.

1) Prenuptial agreement

If there is a prenuptial agreement, it will be attached or stapled to the marriage certificate. This is a critical step towards the validity of a prenuptial agreement as it has to be recorded/registered together with the marriage certificate within 15 calendar days from the celebration of marriage: Family Code, Article 23. Otherwise, the prenuptial agreement will be void.

2) Recording with Local Civil Registrar

The solemnizing officer has the duty and responsibility to forward copies of the Marriage Certificate and the Prenuptial Agreement to the Local Civil Registrar (LCR). (NB: While the solemnizing officer has this duty, the parties should personally check the soonest or in the next few days whether these documents have been submitted as there are occasions when they are not submitted, e.g. oversight, accident, or death of the solemnizing officer. If the documents are not submitted within the 15-day period as provided in Article 23 of the Family Code, this may result in legal issues or problems, particularly with the prenuptial agreement. It is thus best for the parties to ensure that the recording has been done. If not, they themselves may submit the documents.)

e. Rules on articulo mortis

1). Point of death

For articulo mortis to be applicable, the party must be at the point of death. It must be based on good faith and reasonable belief on the party of the party availing of this benefit. Thus, if it there is bad faith on the part of the party benefitting from this rule, this may result in the inapplicability of the rule.

2) Witness to sign on behalf of party

If the preceding paragraph are satisfied, one of the witnesses may sign for and on behalf of the said party. This fact or circumstance should be attested to by the solemnizing officer.

3) Solemnizing officer

Since solemnizing officers are the ones officiating, they are not allowed by this provision to sign for and on behalf of the said party – because of a conflict of interest.