In the Philippines, marriage is not merely a personal contract but a "special contract of permanent union" and an "inviolable social institution" protected by the State under the Family Code of the Philippines (Executive Order No. 209). To ensure the validity of this union, the law prescribes strict formal and essential requisites. Central to these is the procurement of a Marriage License.

Failure to comply with these requirements can render a marriage voidable or, in the absence of a license, void from the beginning (ab initio), except in specific exempt circumstances.

I. The Fundamental Prerequisites

Before gathering documents, the contracting parties must meet the essential requirements of the law:

Legal Capacity: The parties must be a male and a female, at least 18 years of age.
Consent: Freely given in the presence of the solemnizing officer.
Absence of Legal Impediments: The parties must not be related by blood (up to the fourth civil degree) or already married to someone else (bigamy).

II. Documentary Requirements for the Marriage License

The application must be filed at the Local Civil Registrar (LCR) of the city or municipality where one of the contracting parties habitually resides. The following documents are mandatory:

1. Proof of Identity and Age

PSA-Issued Birth Certificate: Original and photocopies of the Birth Certificate from the Philippine Statistics Authority (PSA).
Valid Government IDs: To verify residency and identity.

2. Certificate of No Marriage (CENOMAR)

A PSA-issued document certifying that the individual has no record of a prior marriage. This document usually has a specific validity period (often 6 months) required by the LCR.

3. Personal Information Sheet

The Marriage License Application Form, provided by the LCR, which must be sworn to by both parties.

4. Proof of Residency

A Barangay Certificate or any proof (utility bills, etc.) showing that at least one of the parties resides in the jurisdiction of the LCR where the application is filed.

III. Additional Requirements Based on Specific Circumstances

The Philippine legal system imposes additional safeguards depending on the age and previous marital status of the applicants.

A. Parental Consent vs. Parental Advice

The law distinguishes between these two based on age:

Ages 18 to 21 (Parental Consent): The parties must obtain the written consent of their father, mother, surviving parent, or guardian. Without this, the marriage is voidable.
Ages 21 to 25 (Parental Advice): The parties must seek parental advice. If they do not obtain it, or if the advice is unfavorable, the marriage license will only be issued three months after the publication of the application.

B. Pre-Marriage Counseling and Family Planning

Certificate of Attendance: Under the Responsible Parenthood and Reproductive Health Act, applicants must attend a seminar on family planning and counseling, usually conducted by the city or municipal health office.

C. For Previously Married Individuals

If Widowed: PSA-issued Death Certificate of the deceased spouse.
If Divorced (Foreign Divorce): A judicial recognition of the foreign divorce decree by a Philippine court.
If Annulled: A Court Decision and a Certificate of Finality, along with the PSA-issued Marriage Certificate with the proper annotation.

D. For Foreign Nationals

Legal Capacity to Contract Marriage: A certificate issued by their respective diplomatic or consular officials stating that they are legally capable of marrying.
Passport: A copy of the passport showing the date of arrival and data page.

IV. The Process and The "10-Day Rule"

Submission: Both parties must appear personally at the LCR to submit the documents.
Publication/Posting: Once the application is filed, the LCR will post a notice of the application for ten (10) consecutive days. This is intended to allow any person to provide information regarding any legal impediment to the marriage.
Issuance: The license is issued on the day following the 10th day of posting.
Validity: The Marriage License is valid for 120 days from the date of issuance and can be used anywhere in the Philippines. If not used within this period, it is automatically cancelled.

V. Marriages Exempt from the License Requirement

Under Chapter 2 of the Family Code, certain marriages do not require a license:

Marriages in Articulo Mortis: When one or both parties are at the point of death.
Remote Localities: When there are no means of transportation to enable the parties to appear personally before the LCR.
Five-Year Cohabitation (Article 34): If the man and woman have lived together as husband and wife for at least five years without any legal impediment to marry each other during that period. In this case, an Affidavit of Cohabitation is executed.
Marriages Among Muslims or Ethnic Cultural Communities: Provided they are performed in accordance with their respective customs, rites, or practices.