Introduction

In the Philippine legal system, marriage is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended), which establishes the requirements for a valid marriage. One of the essential requisites for marriage is a valid marriage license, as outlined in Article 3 of the Family Code. However, Article 34 provides a specific exemption from this requirement under certain circumstances, allowing couples who have cohabited as husband and wife for an extended period to solemnize their marriage without obtaining a license. This provision recognizes long-term de facto relationships and facilitates their formalization into legal marriages.

Article 34 states: "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 by law 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."

This article aims to promote family stability by acknowledging relationships that have endured over time, while ensuring that the exemption is not abused. It is rooted in the principle that marriage is a social institution that should be accessible, particularly for couples who have already demonstrated commitment through cohabitation. Below, we explore the requirements, procedures, implications, and related considerations in detail.

Historical and Legal Context

The Family Code of the Philippines, enacted in 1987, replaced the marriage provisions of the Civil Code of 1950. Article 34 was introduced to address practical realities in Philippine society, where many couples, especially in rural or low-income areas, live together without formal marriage due to financial, logistical, or cultural reasons. Prior to the Family Code, similar exemptions existed under the Civil Code (Article 76), but the five-year cohabitation requirement was formalized to prevent hasty or fraudulent unions.

This provision aligns with the Philippine Constitution's emphasis on the family as the foundation of the nation (Article II, Section 12) and the state's duty to protect marriage (Article XV, Section 2). It also reflects influences from canon law and customary practices, where long-term cohabitation could be presumed as a valid marriage in certain contexts. However, Article 34 does not retroactively validate the cohabitation as a marriage; it only exempts the need for a license for a prospective solemnization.

Key Requirements for Exemption Under Article 34

To qualify for the marriage license exemption, several strict conditions must be met. These ensure that the provision is applied only to genuine, longstanding relationships without undermining the legal safeguards of marriage.

1. Cohabitation as Husband and Wife for at Least Five Years

Duration: The couple must have lived together continuously for a minimum of five years immediately preceding the marriage solemnization. Interruptions in cohabitation, even brief ones, may disqualify the couple if they break the continuity.
Nature of Cohabitation: The cohabitation must be "as husband and wife," meaning an exclusive, conjugal relationship akin to marriage. This implies sharing a common residence, mutual support, and public recognition as a couple. Mere roommates or casual partners do not qualify.
Proof: While no specific documentary evidence is required beyond the affidavit, the solemnizing officer must verify the claim. In practice, supporting documents like joint utility bills, affidavits from witnesses, or birth certificates of children may be requested to substantiate the cohabitation.

2. Absence of Legal Impediment to Marry

Throughout the Cohabitation Period: There must have been no legal impediment to marriage at any point during the five-year cohabitation. Legal impediments include:
- Age: Both parties must have been at least 18 years old (the age of majority for marriage without parental consent).
- Existing Marriage: Neither party can have been legally married to another person (bigamy or polygamy is void).
- Relationship: No prohibited degrees of consanguinity or affinity (e.g., siblings, parent-child).
- Psychological Incapacity: No pre-existing condition rendering a party incapable of fulfilling marital obligations.
- Other: Insanity, force, intimidation, or undue influence.
Post-Cohabitation Impediments: If an impediment arises after the five years but before solemnization, the exemption still applies as long as it was absent during the cohabitation period.
Verification: The solemnizing officer is responsible for ascertaining this, often through interviews or documents.

3. Execution of the Affidavit of Cohabitation

Content: The affidavit must explicitly state:
- That the parties have cohabited as husband and wife for at least five years.
- The exact period of cohabitation.
- That there was no legal impediment during that time.
- Any other relevant facts, such as the absence of children or prior relationships.
Form and Execution: It must be sworn before a person authorized to administer oaths, such as a notary public, judge, or the solemnizing officer themselves. The affidavit should be in writing, signed by both parties, and may follow a standard template provided by the Local Civil Registrar (LCR) or the Philippine Statistics Authority (PSA).
Language: It can be in English, Filipino, or a regional language, but must be understandable to the parties and officer.
Attachment to Marriage Certificate: The affidavit becomes part of the marriage records submitted to the LCR.

4. Solemnization by an Authorized Officer

The marriage must still be solemnized by a person authorized under Article 7 of the Family Code, such as a judge, mayor, priest, rabbi, imam, or minister registered with the government.
The solemnizing officer must execute their own affidavit confirming verification of the couple's qualifications and absence of impediments.

Procedure for Availing the Exemption

Preparation: The couple gathers evidence of cohabitation and ensures no impediments exist.
Execution of Affidavit: Both parties swear the affidavit before an authorized person.
Solemnization: The marriage ceremony is conducted, with the affidavits presented to the officer.
Registration: Within 30 days, the solemnizing officer submits the marriage certificate, affidavits, and other documents to the LCR. The LCR forwards copies to the PSA for annotation in civil records.
Fees: Minimal fees apply for notarization and registration, typically lower than obtaining a marriage license (which requires seminars and waiting periods).

If the marriage is solemnized abroad, Article 34 may still apply if the couple complies with Philippine consular requirements.

Legal Implications and Consequences

Validity of the Marriage

A marriage under Article 34 is valid and has the same effects as one with a license, including property relations (community property unless otherwise agreed), parental authority, and inheritance rights.
However, if the affidavit contains false statements (e.g., less than five years of cohabitation), the marriage may be voidable or void ab initio, leading to annulment proceedings.

Property and Family Rights During Cohabitation

Prior to solemnization, cohabiting couples under Article 147 or 148 of the Family Code have property rights similar to spouses, but only if they were capacitated to marry. Article 34 does not grant retroactive marital status; rights accrue only from the date of marriage.
Children born during cohabitation are considered legitimate upon marriage, with retroactive legitimation under Article 178.

Common Issues and Challenges

Fraudulent Claims: Misrepresentation in the affidavit can result in perjury charges (Revised Penal Code, Article 183) or administrative sanctions against the solemnizing officer.
Disputes: In cases of separation, proving the cohabitation period can be contentious in court.
Cultural and Social Aspects: In conservative Philippine society, this provision helps reduce stigma around "live-in" relationships, especially in indigenous or Muslim communities where customary marriages may align with it.
Amendments and Related Laws: Republic Act No. 10625 (Philippine Statistical Act) and administrative orders from the PSA refine registration processes. For Muslim Filipinos, the Code of Muslim Personal Laws (Presidential Decree No. 1083) provides parallel provisions but requires compliance with Shari'a.

Judicial Interpretations

Philippine jurisprudence has clarified Article 34 in several cases:

In Republic v. Dayot (G.R. No. 175581, 2008), the Supreme Court emphasized that cohabitation must be exclusive and continuous, invalidating a marriage where one party had a prior subsisting marriage.
Niñal v. Bayadog (G.R. No. 133778, 2000) ruled that the five-year period must be reckoned without impediments, and interruptions reset the clock.
Courts have upheld the provision's constitutionality, viewing it as a reasonable exemption that promotes public policy.

Conclusion

Article 34 serves as a pragmatic bridge between informal unions and legal marriage, reflecting the Philippines' commitment to family welfare. By requiring a sworn affidavit of cohabitation, it balances accessibility with accountability. Couples considering this option should consult legal experts or the LCR to ensure compliance, as non-adherence can lead to invalid marriages and complications. This provision underscores the evolving nature of family law in the Philippines, adapting to societal realities while upholding core marital principles.