(Philippine Family Code context; focus on couples who do not qualify under the “five-year cohabitation” rule)

1) The core idea: you do not need five years of living together to marry

In Philippine law, cohabitation is not a general prerequisite to marriage. People may marry even if they have never lived together.

What “five-year cohabitation” affects is only a narrow situation: it can be used to dispense with the requirement of a marriage license under specific conditions. If you do not meet that five-year cohabitation rule, it typically just means: you must apply for and obtain a marriage license (unless another legal exemption applies).

2) Governing law and the framework you must satisfy

Philippine marriages are primarily governed by the Family Code of the Philippines (Executive Order No. 209, as amended) and related civil registration rules.

A valid marriage generally requires essential requisites and formal requisites.

A. Essential requisites (must exist)

Legal capacity of the contracting parties
Consent freely given in the presence of the solemnizing officer

B. Formal requisites (must be complied with)

Authority of the solemnizing officer
Valid marriage license (unless legally exempt)
Marriage ceremony with personal appearance and required witnesses, and a marriage contract signed

Key consequence: If the marriage license is required and missing, the marriage is generally void (invalid from the start), unless the situation falls under a lawful license exemption.

3) Who can marry without relying on the five-year cohabitation rule

You can marry without five-year cohabitation if you meet the standard eligibility rules—chiefly:

A. Age requirement

Parties must be at least 18 years old to marry.
Under 18: marriage is prohibited.

B. No legal impediment

You must not be barred by:

Existing prior marriage (bigamy; prior marriage must be legally dissolved or declared void, or spouse legally presumed dead under proper conditions)
Prohibited degrees of relationship (e.g., incestuous relationships; many marriages between close relatives are void)
Other disqualifications recognized by law

4) The standard route when you don’t qualify for “five-year cohabitation”: get a marriage license

If you do not qualify for the five-year cohabitation exception (commonly associated with Article 34), you will almost always proceed through the ordinary marriage license process.

Step-by-step overview

File an application for a marriage license at the Local Civil Registrar (LCR) of the city/municipality where either party resides.
Submit documentary requirements (see below).
Comply with notice-posting and waiting period (license issuance is not instant).
Once issued, the marriage license is valid for 120 days from date of issue and may be used anywhere in the Philippines.
Arrange marriage with a qualified solemnizing officer and perform the ceremony.
Ensure the marriage contract is properly accomplished and registered.

Typical documentary requirements (common practice aligned with the Family Code)

Local Civil Registrars may vary in checklists, but these are commonly required:

PSA-issued Birth Certificate of each party
Certificate of No Marriage (CENOMAR) / advisory on marriages (often requested for verification of single status)
Government-issued IDs
Community Tax Certificate (cedula) (often required by some LCRs)
Recent photos (some LCRs require)
If previously married: proof the prior marriage ended, e.g.
- Death certificate of prior spouse, or
- Court decree of annulment/nullity, plus certificate of finality and registration as required, or
- Other legally recognized proof depending on the circumstance
If foreign national is involved: requirements commonly include proof of capacity to marry under their national law (handled through LCR/embassy processes), plus immigration/passport documents.

Additional age-related requirements

Age 18–21: generally requires parental consent
Age 21–25: generally requires parental advice (and if not obtained, the license process can be affected, such as delays)

Counseling / seminar requirements

Many LCRs require:

Pre-marriage counseling
Family planning / responsible parenthood seminars
For certain situations (e.g., remarriage, specific local rules), additional counseling may be required.

5) Marriage license exemptions that do not depend on five-year cohabitation

Even if you do not have five-year cohabitation, a marriage license may still be unnecessary in limited legally defined cases. Common exemptions include:

A. Marriage in articulo mortis (at the point of death)

A person who is in imminent danger of death may marry without a license, subject to legal conditions.

B. Marriage in remote places

When parties are in a location where it is not feasible to secure a license in time due to remoteness, the law provides limited accommodation.

C. Muslim and ethnic cultural community marriages

Certain marriages involving Muslims and members of ethnic cultural communities may be governed by special rules recognized by law, including differing license requirements in some cases.

(These exemptions are narrowly applied; if you are outside them, expect the standard license requirement.)

6) Understanding the “five-year cohabitation” rule (and why it matters when you don’t have it)

The five-year cohabitation concept is commonly linked to the legal mechanism that allows parties who:

have lived together as husband and wife for at least five years, and
have no legal impediment to marry to marry without a marriage license, usually by executing an affidavit and meeting procedural safeguards.

If you don’t meet that rule

You can still marry, but you generally must obtain a marriage license.
Attempting to use the five-year cohabitation route without actually meeting its conditions can jeopardize the marriage’s validity and can expose parties (and sometimes the solemnizing officer) to legal consequences.

7) Choosing a valid solemnizing officer (critical even with a license)

A marriage must be solemnized by someone legally authorized, such as:

Judges within their authority
Priests, rabbis, imams, ministers of a duly registered religious organization, subject to registration/authorization requirements
Ship captains or airplane chiefs in special circumstances
Military commanders in specific wartime or special conditions
Consuls/officials for marriages abroad under applicable rules

Risk point: A marriage solemnized by someone without authority is generally void, though there are limited protective rules when at least one party acted in good faith believing the officer had authority.

8) The ceremony and registration: what must happen

Ceremony basics

Parties must personally appear before the solemnizing officer
There must be at least two witnesses of legal age
The marriage contract must be signed by the parties, witnesses, and solemnizing officer

Registration

After solemnization, the marriage contract must be properly registered with the civil registrar. Registration is essential for records and proof, though failure to register is typically treated as a compliance/record issue rather than creating a valid marriage out of an invalid one.

9) Legal consequences of getting it wrong (void vs. voidable vs. irregular)

This is where “no five-year cohabitation” commonly matters: people sometimes skip the license thinking cohabitation is required or assuming they qualify for an exemption.

A. No marriage license when one is required

Generally results in a void marriage.

B. Lack of parental consent (where required)

Can create voidable issues depending on the specific ground and facts; it’s not the same as “no license.”

C. Defects in consent

Lack of genuine consent (force, intimidation, serious vitiation) can make a marriage voidable.

D. Irregularities (procedural lapses)

Some procedural defects may result in administrative/criminal liability or registration problems but do not necessarily invalidate a marriage if essential and formal requisites exist.

10) Practical compliance checklist (no five-year cohabitation scenario)

Before you apply

Confirm both are 18+
Confirm no impediment (single status verified; prior marriage legally ended if any)
Decide where to apply (LCR where either party resides)

At the Local Civil Registrar

Prepare PSA documents and IDs
Submit application and attend required counseling/seminars
Observe waiting/notice requirements
Receive the marriage license and note the 120-day validity

At the wedding

Ensure solemnizing officer is authorized
Bring the license, IDs, witnesses
Sign the marriage contract properly
Confirm timely registration of the contract

11) Common misconceptions corrected

“We must live together first.” No. Cohabitation is not required to marry.
“Five-year cohabitation makes the marriage ‘more valid.’” No. It only relates to a license exemption under strict conditions.
“We can skip the license if we’ve been together a long time.” Only if you meet the specific legal exemption requirements; otherwise skipping the license is a major validity risk.
“A ceremony alone is enough.” Not if the license (when required) and the solemnizing officer’s authority are missing.

12) Special notes for couples with past marriages, foreign nationals, or unique circumstances

Previously married parties must ensure the prior marriage is legally ended and properly documented and recorded.
Foreign national involvement commonly triggers additional documentary requirements to prove capacity to marry.
Venue and LCR variation: municipalities/cities can differ in administrative checklists; legal requirements are national, but documentary implementation varies.

Bottom line

If you do not meet the “five-year cohabitation” conditions, you can still marry in the Philippines through the standard process—most importantly by securing a valid marriage license, using an authorized solemnizing officer, and ensuring the ceremony and civil registration are properly completed.