Marriage in Articulo Mortis, A27, 29-32 Family Code
1. Concept
Articulo mortis – means “at the point of death”. (Merriam-Webster Online Dictionary)
2. Marriage in articulo mortis
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. (72a)
NB: Either or both of the contracting parties should be in such a situation as to create a reasonable belief that either or both of them are dying or about to die.
a. No marriage license required
Under Article 27 of the Family Code, no marriage license is required if either or both of the contracting parties are at the point of death.
1) Subsequent survival
Should either or both of the contracting parties who were at the point of death subsequently survives, the marriage shall remain valid.
3. Solemnizing Officers
a. In General
1) Duly authorized solemnizing officers may celebrate marriages in articulo mortis. See related provisions:
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court’s 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 by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect;
(3) Any ship captain or airplane chief only in the case 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;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)
Related Provisions:
Section 444. The Chief Executive [Municipal Mayor]: Powers, Duties, Functions and Compensation. –
x x x
(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding; x x x
x x x
Section 455. Chief Executive [City Mayor]; Powers, Duties and Compensation.
x x x
(xviii) Solemnize marriage, any provision of law to the contrary notwithstanding; x x x [R.A. 7160, Local Government Code)]
Related: Solemnizing Officers, A7 Family Code
b. Ship Captain
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. (74a)
1) Under Article 31 of the Family Code, a ship captain is authorized to solemnize a marriage between passengers or crew members at sea or during stopovers at ports of call.
c. Airplane Pilot
1) Similarly, Article 31 of the Family Code authorizes an airplane pilot to solemnize a marriage between passengers or crew members while the plane is in flight or during stopovers.
2) Note that the rank of the airplane pilot is not specified in this provision.
d. Military commander of a unit and a commissioned officer
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. (74a)
1) Under Article 32 of the Family Code, a military commander of a unit, and who is a commissioned officer, has the authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether combatants or non-combatants.
2) A commander is “one in an official position of command or control”. (Merriam-Webster Online Dictionary)
3) “Commissioned officers hold a college degree and have earned an appointment issued in the name of the President. These educated and decorated Marines hold the responsibility of being outstanding leaders for the Marines in their charge.” (Philippine Marine Corps Official Website, 2024, https://www.marinecorps.mil.ph/ranks)
NB: Civilians who have been given honorary military titles in recognition of their achievements are excluded under this provision.
4) Zone of military operations is also referred to as a combat zone.
5) Combat zone – refers to the “the forward part of a theater of military operations extending from the front line to the forward boundary of the communications zone”. (Merriam-Webster Online Dictionary)
6) The contracting parties may either be civilians (non-combatants) or members of the armed forces (combatants).
4. Recording
a. Affidavit by solemnizing officer
Art. 29. In the cases provided for in the two preceding articles [including Article 27], 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… and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage. (72a)
Art. 30. The original of the affidavit required in the last preceding article, together with the 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. (75a)
1) When a marriage is celebrated in articulo mortis, the solemnizing officer is required to execute an affidavit stating the circumstances of the marriage.
2) For articulo mortis, the affidavit should state the circumstances of either/both of the contracting parties at the point of death, and there are no legal impediment to the marriage.
b. Marriage contract
1) For marriages celebrated in articulo mortis, the contracting parties are required to execute a marriage contract. (Family Code, Article 30)
c. 30-day submission of affidavit and marriage contract
1) Within 30 calendar days from celebration of the marriage, the solemnizing officer is required to submit to the local civil registrar of the municipality where the marriage was held:
(a) An original copy of the affidavit; and
(b) A legible copy of the marriage contract.
NB: The provision does not require submission of an original copy of the marriage contract; instead, a legible copy is sufficient.
