In the Philippines, a marriage license is generally a formal requisite for a valid marriage. However, the law recognizes that long-term, stable de facto relationships deserve a path to legal recognition without the standard administrative hurdles. Article 34 of the Family Code provides a specific exemption from the marriage license requirement for couples who have lived together as husband and wife for at least five years.
1. The Legal Basis and Purpose
The rationale behind Article 34 is to facilitate the legalization of "common-law" unions and to protect the legitimacy of children born out of such relationships. By removing the license requirement, the State encourages couples in long-standing domestic partnerships to formalize their status.
2. Mandatory Requirements for Exemption
For a marriage to be valid under Article 34 without a license, five specific conditions must be met concurrently. Failure to satisfy even one can render the marriage void ab initio (from the beginning) due to the absence of a formal requisite.
A. Five Years of Cohabitation
The parties must have lived together as husband and wife for at least five years immediately preceding the day of the marriage.
- Exclusivity: The cohabitation must be exclusive; the parties cannot be living with others during this period.
- Continuity: The five-year period must be characterized by a "continuity of marital life" without substantial interruptions.
B. Absence of Legal Impediment
At the time of the marriage ceremony, there must be no legal impediment for either party to marry each other. This means:
- Neither party is currently married to someone else (Bigamy).
- The parties are not related by blood (Incest) or public policy (e.g., step-parents and step-children).
- Both parties meet the minimum age requirement (18 years old).
C. Legal Capacity During the Entire Period
A critical interpretation by the Supreme Court (notably in Manzano v. Sanchez) clarifies that the "no legal impediment" rule must generally apply to the entire five-year period of cohabitation. If one party was still legally married to someone else during the first three years of cohabitation, the "five-year" count only begins once that previous marriage is legally dissolved.
D. The Affidavit of Cohabitation
The parties must execute an Affidavit stating that they have lived together for at least five years and that they possess no legal impediments to marry. This affidavit serves as the substitute for the marriage license.
E. Attestation by the Solemnizing Officer
The priest, minister, rabbi, or judge performing the ceremony must:
- Verify the contents of the affidavit.
- Take the oath of the parties.
- State in writing that they have ascertained the qualifications of the parties and found no legal impediment to the marriage.
3. Comparison: Regular Marriage vs. Article 34
| Feature | Regular Marriage | Article 34 Marriage |
|---|---|---|
| Document Required | Marriage License | Affidavit of Cohabitation |
| 10-Day Posting | Mandatory (at Local Civil Registrar) | Exempt |
| Wait Period | 10 days before issuance | None (Immediate) |
| Proof of Cohabitation | Not required | Minimum 5 years required |
4. Consequences of False Statements
While the Local Civil Registrar is not required to investigate the truth of the affidavit before the ceremony, the marriage is not shielded from future scrutiny.
Important Note: If it is later proven that the parties did not actually cohabit for five years, or that an impediment existed during that time, the marriage is considered void for lack of a marriage license. The affidavit cannot cure a factual falsehood regarding the period of cohabitation.
5. Procedural Steps
- Preparation of Affidavit: The couple drafts a joint affidavit detailing their five-year cohabitation and capacity to marry.
- Solemnization: The couple presents the affidavit to the solemnizing officer (e.g., a Judge or Priest).
- Registration: After the ceremony, the solemnizing officer files the marriage contract along with the original affidavit with the Local Civil Registrar of the city or municipality where the marriage was performed. No marriage license fees are required, though registration fees for the certificate still apply.