1. What is an Affidavit of Cohabitation?

An Affidavit of Cohabitation (also called Joint Affidavit of Cohabitation or Affidavit of Common-Law Marriage) is a notarized sworn statement executed by two persons who have been living together as husband and wife for at least five (5) continuous years without the benefit of marriage and without any legal impediment to marry each other at the time they began cohabiting.

It is not a marriage certificate, but a judicially recognized proof that a common-law marriage (under Article 34 of the Family Code) or a union under Article 147 or Article 148 (property relations of unions without marriage) already exists or existed.

2. Legal Basis

Article 34, Family Code of the Philippines (Exemptions from Marriage License)
“No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.”
Articles 147 and 148, Family Code (Property relations in unions without marriage)
Even if the 5-year cohabitation does not lead to formal marriage, the affidavit is strong evidence of the existence of a cohabitation relationship for purposes of division of property, support, and successional rights.
Republic Act No. 9048 as amended by RA 10172 and PSA regulations – used when correcting or late-registering children born of the union.

3. When is the Affidavit of Cohabitation Required or Useful?

A. To solemnize marriage without a marriage license (Art. 34)
B. Late registration of birth of common-law children with the Philippine Statistics Authority (PSA) / Local Civil Registrar
C. Claiming survivor’s pension (GSIS, SSS, PAG-IBIG, AFP/PNP)
D. Claiming death benefits or insurance proceeds
E. Division of property acquired during cohabitation (Art. 147 or 148)
F. Acknowledgment of paternity/maternity for illegitimate children born before the 5-year period
G. Immigration and visa petitions (to prove bona fide relationship)
H. Opening joint bank accounts or securing loans requiring proof of relationship
I. Hospital and medical decisions (some hospitals accept it as proof of relationship)

4. Strict Requirements for Validity (Art. 34 Marriage Exemption)

For the affidavit to be sufficient to dispense with a marriage license, ALL of the following must be true at the time cohabitation began and throughout the 5-year period:

Both parties have been living together exclusively as husband and wife
The cohabitation has been continuous for at least five (5) years immediately preceding the date of marriage
There was NO legal impediment to marry each other during the entire 5-year period (e.g., neither was married to someone else, neither was below 18, no incestuous relationship, etc.)
They have no existing marriage with any third person at the time of solemnization
The facts are stated under oath in the affidavit
The solemnizing officer personally verifies and takes an oath that he/she ascertained the qualifications

If any legal impediment existed even for one day during the 5-year period (e.g., one party was still legally married), the Article 34 exemption cannot be used. The couple must obtain a marriage license or judicial recognition of foreign divorce/annulment first.

5. Contents of the Affidavit of Cohabitation

The affidavit must contain (at the minimum):

Full names, ages, citizenship, and civil status of both parties
Current complete address
Statement that they have been living together as husband and wife continuously for at least five years
Exact date (month and year) when cohabitation began
Statement that there was no legal impediment to marry each other when cohabitation began and throughout the period
Statement that they have no existing marriage with any third person
Statement that they are executing the affidavit to declare the truth of the foregoing facts for the purpose of [state purpose: marriage under Art. 34 / late registration of child / pension claim, etc.]
Date and place of execution
Signatures of both parties over their printed names
Two (2) disinterested witnesses (preferably neighbors or barangay officials who have personal knowledge of the cohabitation) who will also execute their own affidavit or sign as instrumental witnesses
Notarial certificate with current PTR, IBP, and notarial commission details

6. Who Must Execute It?

Both cohabiting partners (affiants)
At least two (2) instrumental witnesses who personally know the couple and can attest to the fact of cohabitation (neighbors, barangay captain, relatives are acceptable as long as they are not biased for pension claims)

7. Where to Have It Notarized

Any notary public lawyer in the Philippines (must be a currently commissioned notary with valid PTR and IBP lifetime ID). Court-annexed notaries and some local government units also offer notarial services.

8. Common Mistakes that Render the Affidavit Defective

Indicating a date of cohabitation less than 5 full years
Failure to state that there was NO legal impediment during the entire period
One party was still legally married (even if already separated in fact)
Using the affidavit when one party is below 18
Lack of personal knowledge of the solemnizing officer (for marriage purposes)
Not attaching competent evidence (birth certificates of common children, joint affidavits of neighbors, barangay certificate of cohabitation) when required by GSIS/SSS/PSA

9. Supporting Documents Usually Required by Government Agencies

For late registration of children (PSA/Local Civil Registry):

Affidavit of Cohabitation
Birth certificates of common children (if any)
Barangay Certificate of Live-in Relationship / Cohabitation
Joint affidavit of two disinterested persons
CENOMAR of both parents (to prove no marriage)

For GSIS/SSS survivor’s pension:

Affidavit of Cohabitation
Birth certificates of common children or other proof of designation as beneficiary
Death certificate of member
Marriage certificate (if they later married) or proof that no legal impediment existed

10. Effects if the Couple Later Marries under Article 34

The marriage is valid from the date of solemnization
Children conceived or born before the marriage are legitimated by subsequent marriage (Art. 177, Family Code)
Property regime will be governed by the rules of absolute community or conjugal partnership (unless they executed a pre-nuptial agreement)

11. Effects if the Couple Never Marries

Children born are illegitimate but may be acknowledged
Property acquired through joint effort is co-owned in equal shares (Art. 147)
Property acquired exclusively by one party belongs solely to that party (Art. 148 if there was impediment)

12. Sample Opening Paragraphs (Standard Form Used Nationwide)

“JOINT AFFIDAVIT OF COHABITATION

We, ___________________ and ___________________, both of legal age, Filipino, single/married (state true civil status), and presently residing at _______________________________, after having been duly sworn in accordance with law, do hereby depose and state:

That we have been living together as husband and wife under the same roof continuously and exclusively since _____________ (exact month and year) or for a period of at least five (5) years immediately preceding the date of this affidavit;
That during the entire period of our cohabitation, there existed no legal impediment for us to contract marriage;

...”

13. Recent Supreme Court and Administrative Rulings (as of 2025)

G.R. No. 235658 (2020) and subsequent cases – strict interpretation: any legal impediment even for a single day during the 5-year period disqualifies the couple from using Article 34.
GSIS Board Resolution and SSS Circulars now require DNA testing or stronger documentary evidence in disputed claims if the member died without designating the common-law spouse as beneficiary.

The Affidavit of Cohabitation remains one of the most practical and widely used instruments in Philippine family law, but its effectivity depends entirely on the absolute truthfulness of the declarations and strict compliance with the requirements of the Family Code. Falsely declaring the absence of legal impediment constitutes perjury.