Marriage in the Philippines is not merely a contract but a "social institution" protected by the State. Governed primarily by the Family Code of the Philippines (Executive Order No. 209), and further refined by recent amendments ensuring gender equality (such as Republic Act No. 12023 and updates to the Responsible Parenthood and Reproductive Health Act), the process for a civil union involves strict adherence to both essential and formal requisites.
I. Legal Requisites for a Valid Marriage
Under Philippine law, the absence of any essential or formal requisite renders a marriage void from the beginning (ab initio), except in specific cases of "good faith" regarding the officer's authority.
1. Essential Requisites
- Legal Capacity: The contracting parties must be a male and a female, at least 18 years of age.
- Consent: Consent must be freely given in the presence of the solemnizing officer. It must not be obtained through fraud, force, or intimidation.
2. Formal Requisites
- Authority of the Solemnizing Officer: The marriage must be performed by an individual legally authorized to do so.
- Valid Marriage License: Generally mandatory, except for marriages of "exceptional character" (e.g., long-term cohabitation).
- Marriage Ceremony: The parties must personally appear before the officer and declare that they take each other as husband and wife, witnessed by at least two individuals of legal age.
II. Documentary Requirements
Before an appointment for a civil ceremony can be made, a couple must obtain a Marriage License from the Local Civil Registrar (LCR) of the city or municipality where either party habitually resides.
Standard Checklist for Filipino Citizens
| Document | Description |
|---|---|
| PSA Birth Certificate | Original and photocopies issued by the Philippine Statistics Authority. |
| CENOMAR | A Certificate of No Marriage Record from the PSA (valid for 6 months). |
| Valid Government IDs | Professional Regulation Commission (PRC), Passport, Driver’s License, or UMID. |
| ID Photos | Typically 1x1 or 2x2 colored photos with a white background. |
| Community Tax Certificate | Often referred to as a "Cedula" for the current year. |
Age-Specific Requirements
- Ages 18 to 21 (Parental Consent): An affidavit of consent signed by the father, mother, or guardian is required.
- Ages 21 to 25 (Parental Advice): A written statement that parental advice was sought. If the advice is unfavorable or refused, the license is delayed for three months after the publication of the application.
Special Requirements
- For Foreign Nationals: A Certificate of Legal Capacity to Contract Marriage issued by their respective diplomatic or consular officials in the Philippines.
- Previously Married Parties: An original copy of the Judicial Decree of Absolute Divorce, Annulment, or the Death Certificate of the deceased spouse.
- Pre-Marriage Counseling: A certificate of attendance from a Pre-Marriage Counseling and Family Planning seminar, usually conducted by the local Health Office or the Department of Social Welfare and Development (DSWD).
III. The Appointment and Application Process
Step 1: Filing the Application
Both parties must personally appear at the LCR. The application forms are filled out under oath. This is also when the required fees (application, filing, and license fees) are paid.
Step 2: The 10-Day Posting Period
Once the application is filed, the LCR is legally required to post a notice of the intended marriage for ten consecutive days. This period allows the public to notify the registrar of any legal impediments to the union.
Step 3: Issuance of the License
After the 10-day period, the Marriage License is issued. It is valid for 120 days from the date of issuance and can be used anywhere in the Philippines.
Step 4: Scheduling the Solemnization
With the license in hand, the couple may schedule the ceremony. For civil weddings, the following are authorized solemnizing officers:
- Mayors: Within their respective jurisdictions.
- Judges: Within the court’s jurisdiction (RTC or MTC).
- Justices of the Supreme Court or Court of Appeals: Within their territorial jurisdiction.
To secure an appointment, couples must submit a formal request to the office of the Mayor or the Clerk of Court. Most courts require a copy of the Marriage License and birth certificates before assigning a date.
IV. Marriages Exempt from License Requirements
Under specific circumstances, a marriage license is not required, provided the parties execute an affidavit stating their grounds:
- Article 34 (Cohabitation): A man and woman who have lived together as husband and wife for at least five years without any legal impediment to marry.
- Articulo Mortis: Marriages at the point of death, performed by ship captains, airplane chiefs, or military commanders in specific zones.
- Remote Places: Where the residence is so far from the LCR that transportation is unavailable.
V. Registration and Post-Ceremony Steps
Following the ceremony, the Marriage Contract must be signed by the couple, the witnesses, and the solemnizing officer. The officer is responsible for transmitting the document to the LCR within fifteen days (or 30 days for marriages exempt from license requirements).
The LCR then encodes the marriage and transmits the data to the PSA. Couples can typically request an "authenticated" PSA Marriage Certificate approximately one to two months after the wedding date, depending on the LGU’s efficiency.