Marriage License by LCR, Exceptions: A9 Family Code

1. Concept

Art. 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)

Marriage license – refers to “a legal document that is needed for a marriage to occur”. (Merriam-Webster Online Dictionary)

2. Rules on marriage license

a. General rule

LCR with jurisdiction. It is the LCR which has jurisdiction of where either of the contracting parties habitually resides that will issue a marriage license.

1) Exceptions

Marriages exempted from marriage license. The following marriages are exempted from the license requirements:

(1) Articulo mortis marriages – even if the ailing party subsequently survives (cf. Article 27);

(2) Remote residence (cf. Article 28);

(3) Marriages among Muslims or among members of the ethnic cultural communities (cf. Article 33); and

(4) 5-year cohabitation of a man and a woman who have no legal impediment to marry each other (cf. Article 34).

3. Local Civil Registrar

In the application process, the LCR shall publicly post in conspicuous places the marriage license applied for by the parties.

a. Reason

This is to give notice and opportunity to those who may have issues or concerns with marriage, e.g. spouses of a subsisting marriage, their relatives, creditors, investors, and third parties who have interest therein.