1. The Two Key Questions

Do long-term cohabiting couples still need a marriage license? Usually not. Article 34 of the Family Code of the Philippines (Executive Order 209, 1987, as amended) says that partners who have lived together as husband & wife for at least five (5) continuous years and have no legal impediment to marry may wed without first obtaining a marriage license. They must instead execute a joint Affidavit of Cohabitation stating those facts, which the solemnizing officer cites in the marriage certificate.
Do they still have to attend the government-mandated orientation / seminar? Under national law, no—but local rules sometimes say yes.
- The orientation requirement is imposed only on those applying for a marriage license (see § 1 of Presidential Decree 965 [1976] and § 15 of R.A. 10354, the Responsible Parenthood & Reproductive Health Act). Because Article 34 couples skip the license step, the national mandate does not expressly reach them.
- Many cities and municipalities, however, have ordinances or civil-registry circulars that demand the same Pre-Marriage Orientation and Counseling (PMOC) certificate before they will register the marriage or issue the marriage certificate. Legally this is a local administrative requirement, not a national one, but in practice you must still comply if the Local Civil Registrar (LCR) insists.

2. National Legal Sources

Instrument	What it says	How it affects Article 34 couples
Family Code, Art. 34	Five-year cohabitation = no license; execute affidavit.	Creates the exemption.
P.D. 965 (1976) “Family Planning Seminar”	No marriage license shall be issued unless applicants attend an officially-conducted orientation.	Tied to the issuance of the license; therefore inapplicable when no license is issued.
R.A. 10354 (RH Law) § 15 & IRR (2014)	Re-states that LCR must require PMOC certificates from license applicants; mandates DOH/POPCOM-DSWD “PMOC Team” curriculum.	Same logic as P.D. 965—hinges on the license.
DOH Administrative Order 2021-003 & POPCOM-DOH-DSWD Joint Memo 2021-01	Updates PMOC curriculum (8 modules, incl. gender, RPRH, SGBV).	Applies only to license applicants but is often cited by LGUs for all couples.
DILG Advisory 2019-100	Reminds LCRs that Article 34 marriages need only the affidavit; should not require additional “conditions precedent” not found in the Family Code.	Soft-law guidance; some registrars still add requirements.

3. The Orientation / PMOC in Detail

Feature	Standard Rule (license applicants)	Article 34 Couples
Curriculum	4-8 hours; topics: family planning, legal rights/duties, gender-based violence, RPRH, optional financial literacy.	Same if required locally, but many LGUs shorten to 2-4 hrs or accept online PMOC taken during the pandemic.
Who conducts	LGU PMOC Team (often the Population Office + Social Welfare + Health Office) or accredited NGOs/FBOs.	Same providers when demanded.
Certificate	Paper or e-copy (QR-coded) titled “Certificate of Completion – Pre-Marriage Orientation & Counseling”. Valid nationwide; no expiry in national rules, but some LGUs treat it as valid for 120 days.	If required, exactly the same certificate; LCR may insist on date of issue within the past year.
Fees	Seminar itself is free; registrars may charge ₱ 200–₱ 500 for certificate issuance.	Same.

4. Documentary Path for Article 34 Marriages

Secure PSA-issued Birth Certificates of both parties (to prove age / capacity).
Draft and notarize a Joint Affidavit of Cohabitation (one page; state 5-year period, continuous cohabitation as spouses, and absence of impediment).
Obtain Barangay Certificates of Residency (if required by LGU) to corroborate residency history.
(Optional / Where mandated) Attend PMOC and get the certificate.
Choose a solemnizing officer authorized under Article 7 (judge, mayor, priest/minister/imam with authority).
Solemnize the marriage—the officer must:
- Quote Article 34 in the marriage certificate; and
- Attach the notarized affidavit (and PMOC certificate if any).
Register the accomplished marriage certificate with the LCR within 15 days (30 days if solemnized abroad).

Tip: Bring at least four copies of each document; LCRs often keep the originals and require multiple photocopies.

5. Common Issues & How to Handle Them

Issue	Practical Fix / Authority
LCR refuses registration because no PMOC certificate	Politely cite Art. 34 + DILG Adv. 2019-100; ask for a written refusal. In most cases the registrar will relent.
Proof of the “five-year” period	Provide barangay residency certs, children’s birth certificates, joint utility bills, or affidavits of two disinterested witnesses.
Confusion over “common-law marriage”	Note that cohabitation alone does not* create a legal marriage*. Couples must still undergo formal solemnization (Art. 3 & 4).
Validity of online seminars taken during COVID-19	DOH AO 2021-003 explicitly allows “virtual delivery” so long as certificates are issued by an accredited PMOC Team. Confirm the QR code or serial number.
Foreign-national partner	Additional requirements: Certificate of Legal Capacity to Contract Marriage from the embassy/consulate, or Affidavit in Lieu. Article 34 exemption still applies if cohabitation was partly abroad, but proof documentation must cover the whole period.

6. Frequently Asked Questions

Can we just keep living together without marrying? Yes, but you will remain legally single; you will not enjoy spousal legitime, SSS/GSIS survivor benefits, or automatic intestate succession rights.
Does our civil status change when we sign the affidavit? No. The affidavit merely proves eligibility for the license exemption. You become married only after solemnization and registration.
Is the five-year period counted up to the wedding day or to the affidavit date? Up to the date of the marriage ceremony. Draft the affidavit to state that the five-year mark has already been reached.
We separated for three months during the five years—do we restart the clock? The law says “lived together continuously as husband and wife.” A brief separation that interrupts cohabitation may require resetting the count. Play safe: restart or apply for a regular license.
Can a mayor refuse to solemnize without PMOC? A mayor may impose reasonable administrative prerequisites under LGU ordinances. If none exist, refusal solely on that ground is questionable; escalate to the Vice-Mayor or a trial court judge-solemnizer.

7. Practical Checklist (quick reference)

✔	Document / Step
☐	PSA Birth Certificates (both)
☐	Notarized Joint Affidavit of Cohabitation
☐	Barangay Residency Certificates (if LGU rule)
☐	PMOC Certificate (only if LGU insists)
☐	Choose & book solemnizing officer
☐	Pay any ceremonial / registration fees
☐	Post-ceremony: file Marriage Certificate with LCR within 15 days

8. Conclusion

For couples who have already built a life together, Article 34 offers a streamlined path to a fully valid civil (or church) marriage. National law no longer obliges you to complete the Pre-Marriage Orientation and Counseling if you are truly exempt from the marriage-license requirement. Nonetheless, because local civil registrars often interpret the rules strictly—and because the seminar itself provides useful insights on legal rights, family planning, and financial management—most long-term live-in partners attend anyway.

Always verify your municipality’s specific ordinances and checklist early in the planning process, and keep certified true copies of every document you submit. If a dispute arises, politely cite the Family Code, P.D. 965, and DILG advisories, and request a written explanation for any refusal. Better yet, consult a Philippine lawyer or the Public Attorney’s Office for personalized advice.

(This article is for general information only and does not substitute for independent legal counsel.)