Introduction to Article 34

Article 34 of the Family Code of the Philippines (Executive Order No. 209, as amended) provides a specific exemption from the general requirement of obtaining a marriage license prior to solemnization of marriage. This provision recognizes long-term cohabitation arrangements and aims to facilitate the formalization of unions that have already functioned as marriages in practice, thereby promoting family stability and reducing bureaucratic hurdles for qualifying couples. It is rooted in the policy of acknowledging de facto marital relationships that meet certain criteria, reflecting the cultural and social realities in the Philippines where informal unions are common.

The full text of Article 34 reads as follows:

"No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage."

This article is part of Chapter 1 (Requisites of Marriage) under Title I (Marriage) of the Family Code, which outlines the essential and formal requisites for a valid marriage. The exemption under Article 34 serves as an alternative to the standard marriage license issued by the local civil registrar under Article 9 and related provisions.

Purpose and Rationale

The primary purpose of Article 34 is to legitimize and encourage the formal marriage of couples in long-standing cohabitation without imposing the additional step of securing a marriage license, which might otherwise deter them due to time, cost, or administrative complexity. It addresses situations where couples have effectively lived as spouses, sharing a household, possibly raising children, and holding themselves out to the community as married, but have not yet formalized their union legally. This exemption aligns with the Family Code's overarching goal, as stated in Article 1, to strengthen marriage and family as basic social institutions.

Historically, this provision evolved from earlier laws, such as the Civil Code of the Philippines (Republic Act No. 386), which did not have an exact equivalent but recognized certain informal unions indirectly. The Family Code's inclusion of Article 34 in 1987 was influenced by societal needs to protect children born out of wedlock and to provide legal security to partners in extended cohabitation.

Key Requirements for Exemption

To qualify for the marriage license exemption under Article 34, the following elements must be strictly met. Failure to satisfy any of these renders the exemption inapplicable, and the marriage may be considered void or voidable under Articles 35-54 of the Family Code.

Cohabitation as Husband and Wife for at Least Five Years:
- The couple must have lived together continuously and exclusively as husband and wife for a minimum period of five years immediately preceding the date of marriage.
- "Lived together as husband and wife" implies a de facto marital relationship, characterized by co-residence, mutual support, intimacy, and public representation as spouses. This goes beyond mere roommates or casual partners; it requires evidence of a committed, marital-like union.
- The five-year period must be uninterrupted, though brief separations due to work, travel, or other necessities may not disqualify if the overall relationship remains intact.
- Proof of cohabitation can include affidavits from witnesses, joint financial records, birth certificates of children (if any), utility bills in both names, or community testimonies. However, the law does not mandate submission of such evidence upfront; it is primarily affirmed through the required affidavit.
Absence of Legal Impediment to Marry:
- There must be no legal barrier preventing the parties from marrying each other at the time of the marriage ceremony.
- Legal impediments include those listed in Articles 37 (incestuous marriages) and 38 (void marriages due to public policy), such as blood relations, bigamy, or marriages between collaterals by affinity within the fourth civil degree.
- Additionally, the parties must meet the essential requisites under Article 2: legal capacity (e.g., at least 18 years old without parental consent under Article 14, not already married, of sound mind) and free consent (not under duress or mistake).
- If any impediment existed during the cohabitation but was removed before the marriage (e.g., annulment of a prior marriage), the exemption may still apply, provided the five-year cohabitation occurred without impediment at the relevant times.
Execution of an Affidavit by the Contracting Parties:
- The man and woman must jointly execute an affidavit attesting to the facts of their five-year cohabitation as husband and wife and the absence of any legal impediment.
- This affidavit must be sworn before any person authorized to administer oaths, such as a notary public, judge, or other public official (as per the Notarial Law and Administrative Code).
- The affidavit serves as the substitute for the marriage license and must be attached to the marriage contract. It should detail the duration and nature of cohabitation, affirm freedom to marry, and include personal details of the parties.
- Falsification of the affidavit can lead to criminal liability under the Revised Penal Code (e.g., perjury or falsification of public documents) and may invalidate the marriage.
Verification by the Solemnizing Officer:
- The officer solemnizing the marriage (e.g., judge, priest, imam, or authorized person under Article 7) must personally ascertain the qualifications of the parties and confirm no legal impediment exists.
- This is done through an oath or affirmation by the solemnizing officer, stating that they verified the facts in the affidavit and found everything in order.
- The officer's statement is typically incorporated into the marriage certificate or a separate affidavit.

Procedure for Availing the Exemption

Pre-Marriage Steps: The couple prepares and executes the affidavit, gathers any supporting documents if required by the solemnizing officer, and coordinates with the chosen officiant.
Solemnization: The marriage is performed in accordance with Articles 3 and 6 (authority of solemnizing officer, place and time of ceremony, two witnesses).
Post-Marriage Registration: The marriage contract, including the affidavit and officer's statement, is submitted to the local civil registrar within 30 days (Article 22). The registrar records it without issuing a retroactive license.
No Application Fee for License: Since no license is needed, associated fees are waived, though notary and registration fees may apply.

Implications and Effects

Validity of Marriage: A marriage solemnized under Article 34 is valid ab initio, provided all requirements are met. Children born during the cohabitation are legitimated upon the marriage (Article 178), retroactively acquiring legitimate status.
Property Relations: The union falls under the absolute community of property regime (Article 75) unless a prenuptial agreement states otherwise. Properties acquired during cohabitation are treated as co-owned if proven to be from joint efforts (Article 147 for void marriages or cohabitation without marriage, but transitions to community upon valid marriage).
Potential Challenges: Disputes may arise over the authenticity of cohabitation (e.g., in inheritance or separation cases). Courts have ruled that the five-year period must be exclusive and continuous; intermittent relationships do not qualify (e.g., Supreme Court decisions emphasizing factual cohabitation over mere claims).
Limitations: This exemption does not apply to marriages under exceptional circumstances like deathbed marriages (Article 27) or those involving foreigners, where additional rules under the Hague Convention or bilateral agreements may apply. It also does not retroactively validate prior void unions.
Related Provisions: Article 34 interacts with Article 76 (ratification of marital cohabitation) for couples married without license but qualifying post-facto, though this is distinct. It complements Republic Act No. 10625 (Philippine Statistics Authority Act) for civil registration.

Common Issues and Jurisprudential Insights

Proof and Burden: The burden lies on the couple to prove compliance if challenged. In cases like separation or nullity petitions, courts scrutinize the affidavit and may require corroborative evidence.
Bigamy Risks: If one party was previously married and the prior union was not annulled, the new marriage is void, and the exemption does not shield from bigamy charges (Article 349, Revised Penal Code).
Cultural Context: In indigenous or Muslim communities, customary laws (e.g., under the Code of Muslim Personal Laws) may intersect, but Article 34 applies universally unless exempted.
Amendments and Reforms: No major amendments to Article 34 have been made since 1987, though proposals for reducing the five-year threshold or expanding to same-sex unions (pending broader legal recognition) have been discussed in legislative forums.
Statistics and Social Impact: This provision has facilitated thousands of marriages annually, aiding in reducing illegitimate birth rates and providing legal protections to families in rural and urban poor settings.

In summary, Article 34 balances formality with practicality, ensuring that long-term partners can marry without undue obstacles while safeguarding against abuse through affidavit and verification requirements.