In the Philippines, marriage is generally governed by strict formal requirements, including the procurement of a marriage license. However, the law recognizes that certain long-term domestic relationships deserve a simplified path to legal union. This is facilitated through the Affidavit of Cohabitation, a legal instrument rooted in Article 34 of the Family Code of the Philippines.

The Legal Basis: Article 34

The primary purpose of an Affidavit of Cohabitation is to exempt a man and a woman from the requirement of a marriage license. Under Article 34, a marriage license is not necessary if the contracting parties have lived together as husband and wife for at least five years without any legal impediment to marry each other during that period.

This provision aims to encourage couples living in stable, long-term de facto relationships to legalize their union without the procedural hurdles (and associated costs) of obtaining a marriage license.

Mandatory Requirements for Validity

For a marriage to be validly celebrated using an Affidavit of Cohabitation, the following conditions must be strictly met:

Five-Year Cohabitation: The couple must have lived together as husband and wife for at least five years immediately preceding the day of the marriage.
Exclusivity and Continuity: The five-year period must be characterized by an exclusive and continuous relationship. "Living together as husband and wife" implies a common life, shared household, and public reputation as a couple.
Absence of Legal Impediment: Crucially, during the entire five-year period, there must have been no legal impediment for the couple to marry.
Example: If one party was still legally married to someone else during the first two years of the five-year stay, they cannot avail of Article 34, even if they have now reached five years of total cohabitation.
Execution of the Affidavit: The parties must execute a sworn statement (the Affidavit) stating that they have lived together for at least five years and that they satisfy all legal requirements.
Solemnizing Officer’s Duty: The priest, judge, or authorized solemnizing officer must take an oath from the parties regarding the contents of the affidavit and must verify that no legal impediment exists.

Contents of the Affidavit

A standard Affidavit of Cohabitation typically includes the following declarations:

Personal Information: Full names, ages, citizenships, and residences of both parties.
Period of Cohabitation: A clear statement that they have lived together as husband and wife for at least five years.
Capacity to Marry: A declaration that they are both of legal age (18 or older) and are free from any legal impediments (e.g., prior existing marriages, incestuous relationship, or certain public policy restrictions).
Purpose: An explicit statement that the affidavit is being executed to attest to the truth of the facts for the purpose of marrying without a marriage license under Article 34.

Legal Effects and Risks of Non-Compliance

While the Affidavit of Cohabitation simplifies the process, it is not a "shortcut" to be used lightly. The legal implications are significant:

Validity of the Marriage: If the affidavit is proven to be false—for instance, if the couple had actually lived together for only three years instead of five—the marriage is considered void from the beginning (void ab initio) for lack of a marriage license.
Falsification of Public Documents: Parties who knowingly sign a false affidavit may be held criminally liable for perjury or falsification of public documents under the Revised Penal Code.
Status of Children: If a marriage is declared void due to a fraudulent Affidavit of Cohabitation, it may affect the legitimacy of children born during the union, although the law provides certain protections for children of void marriages under specific conditions.

Common Use Cases

The Affidavit of Cohabitation is most frequently utilized by:

Long-term partners who have built a family and household but never underwent a formal ceremony.
Older couples who wish to formalize their status for SSS, GSIS, or inheritance purposes without the 10-day posting period required for a marriage license.
Couples in remote areas where access to local civil registrars for license applications might be geographically difficult.

Administrative Procedure

Preparation: The couple drafts the affidavit (usually with the help of a notary or a lawyer).
Notarization: Both parties sign the document before a Notary Public.
Ceremony: The affidavit is presented to the solemnizing officer (Judge, Priest, Imam, etc.) in lieu of a marriage license.
Registration: After the wedding, the solemnizing officer files the original Affidavit of Cohabitation along with the Marriage Certificate at the Local Civil Registrar (LCR) of the city or municipality where the marriage was performed.