Marriages in Remote Residences, 28-32 Family Code
1. Concept
Remote places – refer to “[r]emote areas are far away from cities and places where most people live, and are therefore difficult to get to.” (Collins Dictionary)
2. Marriages in Remote Places
Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a)
a. No marriage license required
1) Under Article 28 of the Family Code, marriage license is not required for marriages between contracting parties where either/both reside in a remote place, such that no means of transportation enables either/them to appear personally before the local civil registrar.
2) There is no specific distance in kilometers to determine whether a residence is remote. Thus, it will be decided on a case by case basis by the solemnizing officer.
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
4. Recording
a. Affidavit by solemnizing officer
Art. 29. In the cases provided for in the two preceding articles [including Article 28], 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… the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable 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 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 ina remote place, the solemnizing officer is required to execute an affidavit stating the circumstances of the marriage.
2) For remote places, the affidavit should specify:
(a) That the barrio or barangay is “so located that there is no means of transportation to enable such party to appear personally before the local civil registrar”;
(b) That “the officer took the necessary steps to ascertain the ages and relationship of the contracting parties”; and
(c) That there is “absence of legal impediment to the marriage”.
b. Marriage contract
1) When marriage was celebrated ina remote place, 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.
