VOID MARRIAGE FOR LACK OF A MARRIAGE LICENSE
A comprehensive guide under Philippine law
1. The central rule: every marriage needs a license
Under Article 3(2) of the Family Code of the Philippines (FCP) a valid marriage license is a formal requisite of marriage. Its absence—not mere irregularity, but total non-existence—renders the marriage void ab initio (of no legal effect from the very beginning) by force of Article 4, par. 1 and Article 35(3).
Practical meaning No license = no marriage. The couple were never legally husband and wife, no matter how elaborate the ceremony or how long they lived together afterward.
2. Anatomy of a valid marriage license
| Step & governing provision | Key requirements | Notes / Common pitfalls |
|---|---|---|
| Filing of application (Art. 10–11) | Personal appearance before the Local Civil Registrar (LCR); sworn application; presentation of birth or baptismal certificates, CENOMAR, etc. | Forged papers make the license voidable, but a completely absent license makes the marriage void. |
| Publication (Art. 17) | Posting of the application for 10 consecutive days on a bulletin at the LCR | Failure to post is a defect, not an absence—marriage remains valid; LCR incurs administrative liability. |
| Waiting period | License issued only after the 10-day posting plus at least 1 more day; validity: 120 days from issuance, anywhere in the Philippines | If solemnization happens after 120 days the license has expired → the marriage is void for lack of a valid license. |
| Parental consent/advice (Art. 12–15) | Required for parties 18 < age < 21 (consent) and 21 ≤ age < 25 (advice). | Non-compliance does not void the license; it only postpones its issuance or incurs administrative sanctions. |
3. The five situations where no license is required
Chapter 2, Family Code (Arts. 27 – 34)
| Exemption | Statutory basis | Conditions |
|---|---|---|
| (a) Death-bed marriages (in articulo mortis) | Art. 27 | Either or both parties at the point of death anywhere in the Philippines; ceremony must be before an authorized solemnizing officer; marriage remains valid even if the sick party later survives. |
| (b) Remote-area marriages | Art. 28 | Residence of either party is in a place with no means of transportation to the LCR; the officer or a witness must swear to these facts in the marriage certificate. |
| (c) Ship or airplane marriages | Art. 29 | Ceremony on board a Filipino vessel/aircraft, or a foreign one voyaging to the Philippines, while in transit; contracting parties OR the vessel must be in imminent danger preventing regular formalities. |
| (d) Cultural or religious marriages | Art. 31–33 | Celebrated in accordance with the rites of (i) recognized religious sects whose doctrines authorize such marriages, or (ii) indigenous cultural communities/Muslim Filipinos under their customary law, by a duly authorized priest, imam, elder, etc. |
| (e) Five-year cohabitation rule | Art. 34 | Man and woman (1) freely able to marry, (2) have lived together as husband and wife for at least five (5) continuous years, (3) execute a joint sworn affidavit that no legal impediment exists and that they have cohabited for that period. |
Tip: everything outside these five categories needs a license—no ifs, no buts.
4. Void marriage vs. voidable & irregular marriages
| Situation | Result | Who may sue & when |
|---|---|---|
| Absence of license | Void ab initio under Art. 35(3). | Any interested party, including spouses, heirs, or the State, at any time; imprescriptible. |
| Defect in license (e.g., wrong info, forged signature) | Marriage remains valid; responsible parties face civil/criminal/administrative liability (Art. 4 par. 2). | N/A – validity not affected. |
| Other formal defects (missing witnesses, wrong venue, etc.) | Irregular but valid (Art. 4 par. 2). | N/A re validity; penalties possible. |
5. Procedural path: petition for Declaration of Nullity
Rule on Declaration of Absolute Nullity (A.M. No. 02-11-10-SC, 2003)
Venue: Regional Trial Court (Family Court) of the province/city where either party has been residing for at least six months; if overseas Filipino worker, where Philippine residence is.
Parties: Petitioner vs. respondent spouse; Office of the Solicitor General (OSG) is the indispensable party representing the Republic.
Ground pleaded: “The marriage celebrated on [date] at [place] is void for lack of a valid marriage license under Article 35(3) of the Family Code.”
Evidence:
- Certification from the LCR non-issuance of a license.
- Certified true copy of marriage certificate (shows “N/A” or blank under license number).
- Testimony on absence of exemptions (e.g., they were not in articulo mortis, had not cohabited five years, etc.).
Outcome: Decree of nullity, which must be recorded with the LCR and the PSA (Art. 52-53 FCP) before subsequent marriages may be contracted.
6. Civil effects of a void marriage for lack of license
| Subject | Effect |
|---|---|
| Property regime of the couple | Governed by Article 147 (“union in good faith”): property acquired during the union is co-owned in equal shares if both acted in good faith; if only one was in good faith, he/she takes the larger share equal to his/her contribution plus half of the remainder. |
| Children | They are illegitimate by default, but: Republic Act 9858 (2009) allows administrative legitimation of children born to parents below marrying age or whose only impediment is the lack of a marriage license. |
| Succession | A void spouse is not a legal heir. Co-owned property passes to heirs according to intestacy rules. |
| Spousal benefits | No conjugal portion in SSS/GSIS, retirement pay, or insurance unless expressly designated as beneficiary. |
| Criminal law | Spouses cannot be charged with adultery/concubinage because those crimes require a valid marriage. |
| Remarriage | Either party may marry immediately after the finality & registration of the decree of nullity (Art. 53), but must secure a new marriage license for the new marriage. |
7. Good-faith vs. bad-faith unions
- Good faith = honest, reasonable belief that the marriage is valid or that a license was unnecessary (e.g., relying on a solemnizing officer’s assurance).
- Bad faith = knowledge of the absence of a license and awareness that no exception applies.
- Presumption: Parties are deemed in good faith unless proved otherwise—important for property division and possible liability of the solemnizing officer (Art. 25 FCP).
8. Key Supreme Court decisions
| Case | G.R. No. / Date | Doctrinal point |
|---|---|---|
| Domingo v. Court of Appeals | G.R. 125739, 27 June 1997 | Certification of “no marriage license issued” by the civil registrar is the best evidence of absence of license; marriage declared void. |
| People v. Dazo | G.R. 110635, 29 April 2003 | False affidavit of cohabitation (Art. 34) leads to criminal liability but does not validate a marriage celebrated with no license. |
| Morigo v. People | G.R. 145226, 6 Feb 2004 | Even a barangay captain-officiated marriage of parties who cohabited five years is void without the required sworn affidavit; solemnizing officer criminally liable. |
| Niñal v. Badayog | G.R. 133778, 12 June 2001 | Children of a void marriage (Art. 35(3)) may inherit from each other under Art. 992 because they are related by blood to both parents, although illegitimate. |
(Case citations use commonly accepted references; full texts are published in official reports.)
9. Liabilities of the solemnizing officer & others
- Administrative / criminal: Issuing a license without proper procedure; performing a ceremony knowing no license exists (§ 5, Art. 350 Revised Penal Code; Art. 25 FCP).
- Civil: Possible damages to a spouse who acted in good faith.
10. Practical checklist for practitioners
- Always secure a certified copy of the marriage license or certification of “no record” from the LCR/PSA.
- Verify if any Chapter 2 exemption applies. If parties claim five-year cohabitation, insist on the joint affidavit and proof of continuous living together.
- Advise clients about property consequences early—especially if substantial assets were acquired during the union.
- File the petition promptly to avoid complications in estate settlement, property transactions, or planned remarriage.
- Register the final decree with the LCR & PSA; without registration, a subsequent marriage—even with a license—is itself void (Arts. 52-53).
11. Conclusion
The marriage license is far more than bureaucratic red tape: it is the Legislature’s guaranty that the State’s interest in marriage—the foundation of the family—is protected by transparency, capacity checks, and informed consent. Except in narrowly carved-out situations under Articles 27 to 34, marrying without one is fatal to the union’s validity. Understanding the distinction between absence and mere defect, the interplay with good faith, and the available statutory and jurisprudential remedies is therefore essential for lawyers, judges, and would-be spouses alike.