A comprehensive legal guide—from license to PSA certificate
1) Core legal framework
Family Code of the Philippines
- Essential requisites (Art. 2): (a) legal capacity (both at least 18 and not otherwise disqualified) and (b) consent freely given.
- Formal requisites (Art. 3): (a) authority of the solemnizing officer, (b) a valid marriage license (unless covered by a statutory exception), and (c) a ceremony with the parties’ personal declaration to take each other as spouses before the officer and two witnesses of legal age.
- Authorized solemnizing officers (Art. 7): any judge within jurisdiction; city/municipal mayor; priest, imam, rabbi, or minister of any church or sect duly authorized and registered; ship captain/airplane chief and military commander in limited in articulo mortis cases; Philippine consul (for marriages abroad).
- Good-faith reliance: If a marriage is solemnized by one without authority, it is void, unless at least one party believed in good faith that the officer had authority.
Civil Registry Law (Act No. 3753) and implementing rules: prescribe who files, where, how, and when vital events (including marriages) are recorded with the Local Civil Registrar (LCR) and transmitted to the Philippine Statistics Authority (PSA).
Clerical Error Laws: RA 9048 (clerical/typographical errors and change of first name) and RA 10172 (clerical errors in day/month of birth and sex) allow administrative corrections to civil registry entries.
Child marriage ban: RA 11596 prohibits and penalizes child marriage; in any event, the Family Code already requires both parties to be at least 18.
Special regimes: PD 1083 (Code of Muslim Personal Laws) for qualified Muslim marriages; customary/IP marriages under IPRA may be registered following specific guidelines.
2) Who may marry, and common disqualifications
- Minimum age: 18 (no exceptions).
- Prior marriage: A subsisting prior marriage bars a new marriage (bigamy). If a Filipino’s prior foreign spouse obtained a valid foreign divorce, the Filipino generally needs Philippine court recognition of that divorce before remarrying.
- Relationship within prohibited degrees (direct line, close collateral consanguinity/affinity) bars marriage.
- Mental capacity/consent: Lack of real consent or psychological incapacity has consequences under the Family Code, but that concerns validity—not the registration process itself.
3) Where to start: the marriage license
Apply for a marriage license at the LCR of the city/municipality where either applicant resides. You may then use the license anywhere in the Philippines.
A. Basic documentary requirements (typical)
Exact checklists vary by LCR. Expect the following baseline:
- PSA-issued Birth Certificate (or equivalent proof of age/identity).
- PSA CENOMAR / Advisory on Marriages.
- Government-issued IDs with address and signatures.
- Pre-Marriage Orientation/Counseling (PMO/PMC) certificate(s)—family planning, responsible parenthood, and similar seminars required by national/ local issuances.
- 2 witnesses’ details (for the ceremony later; witnesses must be of legal age).
If previously married:
- Death Certificate of deceased spouse or court Decree of Annulment/Nullity/Legal Separation with Certificate of Finality.
- For foreign divorces, attach the Philippine court order recognizing the divorce (and the foreign decree).
If a foreign national is a party:
- Passport and proof of legal capacity to contract marriage (e.g., consular certificate/affidavit in lieu, as accepted by the LCR).
- Proof of termination of prior marriage, if any (with apostille/consularization as needed).
Age-related add-ons under the Family Code:
- 18–20 years: Parental consent (written and authenticated). Without it, the license cannot issue.
- 21–25 years: Parental advice (written). If unfavorable or absent, the LCR must delay issuance until after three (3) months from completion of the 10-day posting.
B. Application, publication, and release
- File the joint application with the LCR, pay fees, and submit documents.
- The LCR posts the Notice of Marriage Application for at least 10 consecutive days on the public bulletin board.
- After the posting period, and if requirements are met, the LCR issues the marriage license.
Validity: The marriage license is valid for 120 days from issuance; if unused/expired, you must reapply.
4) License exceptions (when a license is not required)
The Family Code recognizes narrow, enumerated exceptions:
- In articulo mortis marriages (imminent danger of death).
- Marriages in remote places where no means of transportation to the LCR is available (subject to affidavit and officer’s report).
- Five-year cohabitation rule (Art. 34): If the parties have lived together as husband and wife for at least five (5) years and are without legal impediment to marry, they may marry without a license upon an affidavit stating these facts.
- Muslim and customary marriages follow their special laws and registration rules.
These are exceptions, not alternatives of convenience. Misuse risks void marriages or criminal/administrative liability.
5) Choosing the solemnizing officer (civil rites)
For a civil wedding, the usual choices are the city/municipal mayor or a judge. Practical tips:
- Jurisdiction matters: Judges and mayors act within their territorial jurisdiction; confirm venue and authority.
- Scheduling & fees: Coordinate with the mayor’s office or court staff; LGUs may set ceremonial fees separate from license fees.
- Witnesses: Bring two witnesses of legal age (bring their IDs).
- Ceremony: There must be a personal exchange of consent (“I take you…”) before the officer and witnesses, and all sign the Certificate/Contract of Marriage.
6) Registration after the ceremony
A. Who files and when
- The solemnizing officer must prepare and sign the Certificate of Marriage and file it with the LCR of the place of marriage within the statutory period (commonly 15 days).
- If the marriage occurred abroad before a Philippine consul, the consul registers it and transmits to the PSA. If it occurred before a foreign local authority, the Filipino spouse(s) should file a Report of Marriage with the Philippine embassy/consulate (or through designated channels) for PSA recording.
B. What the LCR/PSA do
- The LCR registers the marriage, assigns a Registry Number, and includes it in the monthly transmittal to the PSA.
- PSA copies typically become available several weeks to a few months after registration. In the meantime, the LCR-certified copy can serve many local purposes.
C. Late registration & missed filings
If the officer failed to file on time, the parties or officer may pursue delayed registration, usually with:
- Affidavit of delayed registration stating reasons;
- Supporting documents (license, ceremony photos/affidavits of witnesses, IDs); and
- Applicable fees/penalties.
Once accepted, the LCR forwards to PSA in the ordinary course.
7) Names, property regime, and related civil effects
- Surname after marriage: A married woman is not required to take her husband’s surname. She may (a) retain her maiden name, (b) use her husband’s surname, or (c) use “Mrs.” + husband’s full name in social style; civil registry will reflect the choice per applicable rules/practice.
- Property regime: If there is no valid prenuptial agreement, the default under the Family Code is Absolute Community of Property (ACP). A prenup (executed before the wedding and properly notarized/recognized) can stipulate Conjugal Partnership of Gains or Separation of Property.
- Children & legitimation: Children conceived/born during marriage are legitimate. Children born before marriage may be legitimated by subsequent marriage under the Family Code if legal requisites are met (coordinate with the LCR for annotation of the birth record).
8) Corrections and annotations to the Marriage Certificate
- Clerical/typographical errors (misspellings, minor mistakes) and certain entries may be corrected administratively under RA 9048/RA 10172 at the LCR (then forwarded to PSA).
- Substantial changes (e.g., nationality, status) usually require court proceedings.
- Court decisions affecting marital status (annulment/nullity/legal separation/recognition of foreign divorce) must be annotated on the PSA record after proper process.
9) Special situations
- Foreign national spouse: Expect the LCR to require a certificate/affidavit of legal capacity and authenticated proof of termination of prior marriages. Some consulates issue an Affidavit in Lieu if they do not certify capacity—ask the LCR what they accept.
- Marriages involving Muslims or under customary law: Substantive validity follows PD 1083 or recognized custom; registration still occurs with the LCR using prescribed forms/endorsements (e.g., Shari’a court or authorized officiant’s certificate).
- In articulo mortis / remote area exceptions: The officer must execute the required affidavit/report explaining the exceptional circumstances when filing with the LCR.
- Overseas Filipino marriages: File a Report of Marriage so the PSA can issue a Philippine civil registry copy.
10) Practical pitfalls (and how to avoid them)
- Expired license: A ceremony with an expired license risks void marriage (unless within a license exception). Track the 120-day validity.
- Wrong officer/venue: Ensure the officer’s authority (judge/mayor within territory; religious minister properly registered). Keep a copy of the officer’s authority/registration, if available.
- Missing parental consent/advice: For 18–20, no consent = no license. For 21–25, lack of parental advice triggers a 3-month waiting period after posting.
- Unregistered ceremony: Confirm with the LCR that your marriage has been received and registered (get the registry number).
- Name changes everywhere: Updating IDs, bank records, and PhilSys after marriage is optional if you did not adopt a new surname; if you did, change records consistently.
11) End-to-end checklist
- Gather documents: PSA birth certificates; PSA CENOMAR/AOM; valid IDs; parental consent/advice (if applicable); seminar certificates; foreign capacity/termination proofs (if applicable).
- Apply for license at the LCR where either resides; pay fees; complete forms.
- Wait 10 days for posting; settle any LCR follow-ups.
- Claim license (valid 120 days).
- Schedule civil ceremony with a judge or mayor; bring two adult witnesses and IDs.
- Sign the Certificate of Marriage after the ceremony.
- Ensure filing with the LCR (typically the officer files within 15 days).
- Secure LCR-certified copy once registered; request PSA copy after PSA has ingested the record.
- Update records (only if you adopted a new surname or need the certificate for benefits/leave/insurance).
- For overseas marriages: file a Report of Marriage so PSA can issue your record.
Final notes
- The court docket and the LCR are the authoritative sources on whether your marriage has been validly solemnized and registered.
- Local nuances exist. LCRs maintain uniform national rules but may set additional documentary or format requirements; always follow the LCR’s official checklist where you apply.
- This guide covers the civil process; religious rites add their own internal requirements but still must be registered with the LCR to appear in PSA records.