Marriage License, Requirements and Procedure, A11-21 Family Code
1. Concept
Sworn application – means that the document is under oath or notarized.
2. Marriage license application
a. Sworn application
Art. 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) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the previous marriage was dissolved or annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother; and
(10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one 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)
b. Procedure: Local Civil Registrar
Art. 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 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)
1) Original birth certificates; In default, baptismal certificates
An original copy of the birth certificates of the parties is one of the supporting documents in the application for a marriage license.
a) Baptismal certificate
If they original copies of birth certificates are not available, baptismal certificates may be provided.
b) Current residence certificate or other LCR-instrument.
If for some reason both the birth certificates and baptismal certificates are unavailable, such as the lapse of 15 days from demand from anyone who has custody over them, an applicant may provide instead a current residence certificate or an instrument drawn up and sworn to before the LRC or any public official authorized to administer oaths.
c) Supporting documents
1) The sworn instrument referred to in the preceding paragraph must have a declaration of two witnesses of legal age attesting to the contracting party’s full name, residence, citizenship, birth date, birth place, as well as the latter’s parents, if known. In terms of preference, the nearest kin of the contracting parties is preferred. If unavailable, persons of good reputation the province or the locality may serve as witnesses.
2) Rationale: The rationale for having substitutes in case of unavailability of the original birth certificates is due to various reasons, such as non-recording of birth, late registration issues, loss or destruction of the records such as fire burning the records of the LCR, and so on.
2) Parents of contracting parties
1) If the original birth certificates are unavailable, and it comes down to presenting baptismal certificates, this will no longer be necessary if the parents of the contracting parties personally appear before the concerned LCR and attest under oath as to the lawful age of the parties as provided in the application.
2) Paragraph 2 of this article should be read together with paragraph 1 which provides that presentation of original birth certificates is sufficient by itself. Meaning, if the parties are able to present their original birth certificates, there is no longer any need for presentation of baptismal certificates. The baptismal certificates are only substitutes if the original birth certificates are not available.
3) Local Civil Registrar
Similar to the preceding paragraph, the presentation of baptismal certificates (in case the original birth certificates are not available) will no longer be necessary if the LCR is satisfied that the contracting parties are of legal age by merely looking at their personal appearances.
b. Where previously married
Art. 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)
1) Active disclosure of previous marriage
Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons. (n)
1) There is an active disclosure requirement for any previous marriage, whether dissolved or annulled, in the application. This is critical because, if a judgment or decree dissolving or annulling the marriage is not recorded with the LCR, or the conjugal properties not having been partitioned and distributed between the spouses and presumptive legitimates not being forwarded to the children, this may result in the subsequent marriage being declared void. (See: Article 52)
2) The Family Code is full of repeated directives or instructions on the active disclosure of previous marriages, as well as proof of their dissolution. Non-compliance with this disclosure may affect the validity of a marriage, particularly if it was later on discovered that the previous marriage was still subsisting.
3) Rationale: As previously discussed, there are many legal effects that results from two individuals getting married – not only for them but also for third persons who may be affected, e.g. creditors, investors, etc.
2) Death certificate or judicial decree
1) If a party has already been previously married, birth or baptismal certificate is no longer required as the previous marriage is already proof of his legal age to marry and other related personal information, such as name and citizenship. Instead, this party will be required to show either:
(a) Death certificate of the deceases spouse;
(b) Judicial decree of absolute divorce for foreign spouses who obtained divorce overseas; or
(c) Judicial decree of annulment of previous marriage (related to voidable marriages); or
(d) Judicial declaration of nullity of previous marriage (related to void marriages).
a) Affidavit
If for some reason the death certificate cannot be secured, a contracting party may execute an affidavit setting for the circumstances, his/her actual civil status, and the death of the deceased spouse.
c. Between 18 and 21
Art. 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) Definition
Emancipation – refers to reaching the age of majority or legal age, and thus resulting in the person having full capacity to act, as well as being completely liable for their actions. (NB: 18 years old is the legal age in the Philippines.)
2) 18 years old and up to 20 years old
NB: While the article states “between the ages of eighteen and twenty-one”, it is submitted that this should be read as: 18 years old and up to 21 years old. Otherwise, it would be absurd not to require parental consent for 18 years old but instead require those older, such as those who are 19 and 20. The law abhors absurdity.
3) Parents or those who have legal charge over them
The consent should be obtained in the following order:
(a) Father;
(b) Mother;
(c) Surviving parent or guardian; or
(d) Persons having legal charge of them
a) Order of precedence
The above list is in the order of precedence. Meaning, the decision of the one with the precedence will outweigh the rest. For example, a father’s consent outweighs the mother’s assent. Hence, if the father’s consent is sufficient even if the mother is not in agreement. Conversely, if the father refuses or withholds consent, then it will be followed even if the mother assents.
b) Both father and mother, not required
There is nothing in the article requiring the parental consent of both parents. The phrase “in the order mentioned” clearly shows the intention of order of precedence as discussed in the immediately preceding paragraph.
4) Written parental consent
Written parental consent is necessary for contracting parties who are 18 years old and up to 20 years old. This consent is part of the supporting documents in the application for marriage license.
a) Written manifestation or notarized affidavit
1) The written parental consent may be personally manifested either via:
(a) Written manifestation by the interested/concerned party who shall personally appear before the LCR; or
(b) Notarized affidavit made in the presence of two witnesses.
b) Recorded in application
For the written manifestation, it shall be recorded on both the marriage license applications filed separately by the parties. In case of the notarized affidavit, it shall be attached to the mentioned applications.
5) Critique: On the need for parental consent.
This article requiring parental consent runs counter to the concept of 18 years old already becoming emancipated. The concept of emancipation is that a minor upon reaching the age of majority or legal age will no longer be subject to any legal restraint in his capacity to act. They can fully enter into a contract, such as marriage, and be completely responsible for the consequences.
c. Between 21 and 25
Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. (62a)
1) 21 years old and up to 24 years old
While the article states “between the ages twenty-one and twenty-five”, it is submitted that this should be read as: 21 years old or over and up to 24 years old. This is to align with the provision on requiring parental consent for 18 years old or over and up to 20 years old.
a) Up to 20 years old
Whether it is up to 24 or 25 years old, it is submitted that it should only be up to 24 years old. The law states between 18 and 21, which necessarily means that it is up to 24 years old which is between 21 and 25.
2) Written parental advice
For 21 years old or over and up to 24 years old, they have to obtain a written parental advice about the intended marriage from their parents or guardians.
a) Proof
1) To prove that advice has been sought, the following shall be attached to the marriage license application:
(a) Sworn statement by the contracting party – on the advice having been obtained; and, if available,
(b) Written advice from the parents or guardians.
2) NB: Written advice is not an absolute requirement, and thus optional. In referring to the written advice, the provisions state “if any”, which means that if it so happens that there was one given, the parties may attach it to their application if they want.
b) 3-month waiting time
If the parental advice is not obtained or if it is unfavorable, there is a 3-month waiting time or cooling off period reckoned from the completion of the publication of the application. Further, such refusal shall be stated in the sworn statement by the concerned contracting party.
3) Critique: Re need for parental advice
As with written parental consent, the need for parental advice seems to run counter to the concept that individuals who are 21 years old or over and up to 24 years old are already fully fledged adults who are completely capacitated to act. They are expected to understand the rights and obligations that come with marriage.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph. (n)
1) Definition
a. Marriage counselling certificate– refers to a document certifying that an individual intending to be married has undergone marriage counselling from a priest, imam, or minister who are authorized to solemnize marriage, or a marriage counselor duly accredited by the Government. (Family Code, Article 16)
2) Separate requirement
The marriage counselling certificate is in addition to and on top of the requirements of written parental consent and/or written parental advice.
3) Who issues marriage counselling certificate
The following may issue a marriage counselling certificate:
(1) Priest, imam or minister authorized to solemnize marriage under Article 7 of the Family Code; or
(2) Marriage counselor duly accredited by the proper government agency.
4) Effects of failure to attach; 3-month waiting time
If the contracting parties fail to attach a marriage counselling certificate, the LCR shall suspend the issuance of the marriage license for a period of three (3) months reckoned from the completion of the application’s publication.
a) Valid marriage, administrative sanctions
If the preceding 3-month suspension is not observed and the valid license is issued, this will not affect the marriage which will remain valid. However, the concerned issuing officer shall be subject to administrative sanctions/penalties for non-compliance with this provision.
5) Presence at counselling by one who does not need parental consent or parental advice
The contracting party who is not required to present parental consent or parental advice, is still required to be present at the marriage counselling.
d. Notice and Publication
Art. 17. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period of publication. (63a)
1) LCR Notice
After the properly completed marriage license application is filed, the LCR will prepare a notice containing the full names and residences of the applicants, as well as other data provided in the application.
2) Publication of notice
The LCR shall post the notice to ensure publication of the marriage license application.
a) 10 consecutive days
The posting shall run for a period of 10 consecutive days, including weekends.
b. Conspicuous place and accessible to the general public
The notice shall be posted on a bulletin board located outside of the LCR office in a conspicuous place within the building and accessible to the general public. The purpose being is to maximize exposure of the notice so that that anyone who may be affected will have the opportunity to intervene or notify the LCR of any impediments.
c) Notify LCR of impediments, if any
If there are impediments, these should be notified or made known to the LCR. Some of these impediments include, but are not limited to, fraud in the names or ages of the individuals intending to get married, a previous but still subsisting marriage, failure to record partition and distribute properties in a previous marriage that has been dissolved and non-delivery of presumptive legitimes to the children thereof, and so on.
3) Issuance of marriage license
After the lapse of the 10-day publication, the LCR shall issue the marriage license. In case of any impediment that was reported to the LCR, see the next article.
e. Impediments
Art. 18. In case of any impediment known to the local civil registrar or brought to his attention, he shall note down the particulars thereof and his findings thereon in the application for marriage license, but shall nonetheless issue said license after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance or that of any interest party. No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order. (64a)
1) Reported impediments
The LCR will note down the particulars of any reported impediments and the findings thereon in the marriage license application. However, the LCR will nonetheless proceed with the issuance of the license after the lapse of the 10-day publication period, unless otherwise ordered “by a competent court at his own instance or that of any interest[ed] party”.
a) LCR’s authority
The LCR is an agency, and not a quasi-judicial body. Thus, it does not have the authority to hear and adjudicate a case. Accordingly, it cannot decide on any legal impediments that may have been reported. Its duty then is simply to annotate these impediments and its findings on the matter.
b) Court order
If there is a court order issued to the LCR related to the issuance of a marriage license, such as a temporary restraining order or an injunction, then the LCR is legally bound to comply with this order. Otherwise, the LCR’s refusal to comply will result in a direct contempt of court which carries penalties, including imprisonment.
i. No filing fee, no bond
To avoid placing any obstacles to obtaining a court order, the provision does away and makes it not a requirement to pay filing fees or bond for anyone filing a court petition seeking to obtain a temporary restraining order or an injunction. This is due to the public interest involved in a marriage between individuals, particularly if there is a serious ground, such as the subsequent marriage being bigamous due to a previous but still subsisting marriage.
c) Order by an “interest party”
While the provision states order of “any interest party”, it appears that there may be a typo and instead it should be read as “any interested party”. The order that may be contemplated here is this that of a cease-and-desist letter by an interested party (e.g. a spouse from a previous but subsisting marriage) against the LCR. If that is the case, this provision may be used as the legal basis by the interested party and/or the LCR to prevent issuance of the marriage license.
f. Fees
Art. 19. The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. It shall, however, be issued free of charge to indigent parties, that is those who have no visible means of income or whose income is insufficient for their subsistence a fact established by their affidavit, or by their oath before the local civil registrar. (65a)
1) Rules on LCR fees
a) General rule: Fees
In relation to the issuance of a marriage license, the LCR is authorized to collect fees as may be prescribed by law or regulations. However, no other payments shall be collected in the form of fees or taxes of any kind related to the issuance of the marriage license (e.g. documentary stamp tax).
i. Exception: Indigents
For indigents, no fees shall be charged against them. To support their status as indigents, they may: (a) execute an affidavit attesting to the fact that they have no visible means of income or their income is insufficient for their subsistence; or (b) take an oath before the LCR attesting to the same.
g. Validity: Scope and Duration
Art. 20. The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue, and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters on the face of every license issued. (65a)
1) Anywhere in the Philippines
Once issued, the marriage license is valid in any part of the Philippines. Hence, even if a party applied for and was granted a license in Manila City, they may celebrate their marriage in Cebu City or Davao City.
2) 120-day validity; Automatic expiration
The marriage license has a 120-day validity and automatically expires or cancels at the expiration date. The expiration date is required to be stamped in bold character on the face of every license.
h. Either/both a Foreigner
Art. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage. (66a)
1) Rules on foreigners getting married in the Philippines
a) Foreign nationals
For citizens of a foreign country who intend to get married in the Philippines, they are required to submit a certificate of legal capacity to contract marriage issued by their respective diplomatic or consular officials.
b) Stateless persons/refugees
For stateless persons or refugees who intend to get married in the Philippines, they are required to submit an affidavit stating the circumstances showing such capacity to contract marriage.
