A marriage license is a central legal requirement for most civil and religious marriages in the Philippines. Understanding where to get it, how to apply, and when it is (or is not) required can prevent delays or even the risk of having your marriage questioned later.

Below is a comprehensive, Philippine-specific legal-style discussion of marriage licenses.

I. Legal Basis for the Marriage License

The primary statute is the Family Code of the Philippines (Executive Order No. 209, as amended). It defines:

Essential requisites of marriage (legal capacity, consent); and
Formal requisites of marriage, which include:
- Authority of the solemnizing officer,
- A valid marriage license (except in specific exempt cases), and
- A marriage ceremony with personal appearance and declaration to take each other as husband and wife before witnesses.

The marriage license is thus a formal requisite: absence of a license (when required by law) generally makes the marriage void, even if both parties consented and had legal capacity.

II. Where to Apply for a Marriage License

A. Local Civil Registry (LCR)

Applications are filed with the Local Civil Registrar (LCR) of a city or municipality.

General rule: Apply in the city/municipality where either or both parties habitually reside.
If the parties live in different localities, they may choose the LCR of either locality.

The LCR is usually located at the city hall or municipal hall, under the Office of the Civil Registrar.

B. Special Cases of Residence

Overseas Filipino Residents If one or both parties are Filipino citizens residing abroad, they may apply for a marriage license, or its functional equivalent (e.g., Certificate of Legal Capacity to Contract Marriage), at the Philippine Embassy or Consulate having jurisdiction over their place of residence, depending on the applicable rules and the type of marriage they intend to contract abroad.
Foreigners in the Philippines Foreign nationals marrying in the Philippines still apply for the license at the LCR where the Filipino partner resides, subject to special documentary requirements (see Section V).

III. Who May Apply: Legal Capacity

Under the Family Code:

Minimum age to marry:
- A person must be at least 18 years old.
Under 18: Marriage is void; no license should be issued.
18 to below 21: Requires parental consent.
21 to below 25: Requires parental advice (consultation).

The existence or absence of parental consent/advice impacts the license issuance and possible penalties or delays (see Section VI).

IV. Basic Requirements for a Marriage License

While specific local ordinances or administrative guidelines may add minor documentary requirements (e.g., barangay certificates), the core legal requirements typically include:

A. Proof of Identity and Civil Status

Valid IDs
- Government-issued identity documents (e.g., passport, driver’s license, postal ID, UMID, etc.) to establish identity, age, and nationality.
Certified Birth Certificates
- Usually PSA-issued birth certificates (or local civil registrar-certified copies) for both parties to prove age, parentage, and civil status.
Certificate of No Marriage (CENOMAR) or equivalent
- Typically required to prove that neither party is currently married.
- For those previously married but now widowed or whose prior marriage has been annulled/declared null, proof of prior marriage and of its dissolution is needed instead (see below).

B. Additional Documents Depending on Civil Status

If previously married and now widowed
- PSA marriage certificate of the prior marriage; and
- PSA death certificate of the deceased spouse.
If marriage was annulled or declared void
- Copy of the court decision declaring the marriage void or annulling it; and
- Certificate of Finality of the decision;
- Annotated PSA marriage certificate, if applicable.
If previously divorced (e.g., foreign judgment)
- For Filipinos, divorce has a very limited effect and only under particular conditions (e.g., divorce obtained by a foreign spouse); recognition of foreign divorce usually requires a Philippine court decision, which must be presented.
If one party is foreign Commonly required:
- Passport (for identity and nationality);
- Legal Capacity to Contract Marriage or a similar document from the foreigner’s embassy or consular office, certifying that the foreigner is legally free to marry under his/her national law;
- If divorced or widowed, equivalent proof (divorce decree, death certificate, etc.), often authenticated or apostilled, plus translations if not in English/Filipino.

C. Parental Consent (Age 18–20)

For applicants 18 to below 21, written parental consent is required.

Form of Consent
- May be given personally by the parents before the LCR; or
- In a sworn written instrument executed in the presence of two witnesses and attested before an official authorized to administer oaths.
Who Gives Consent
- Both parents if alive, not legally separated, and not disqualified.
- If one parent is absent, dead, or otherwise incapacitated, the other may give consent.
- If both parents are absent, incompetent, or dead, the guardian or person having legal charge of the minor may consent in their stead.

Without valid parental consent in this age bracket, the LCR should not issue a license.

D. Parental Advice (Age 21–24)

For applicants 21 to below 25, the law requires that they seek parental advice.

Form and Proof
- Parents (or person in loco parentis) state in a written instrument that they have been consulted and either:
  - approve, or
  - disapprove of the marriage.
Effect on License Issuance
- If favorable advice is given, the license can be issued after the usual period (post-publication).
- If advice is refused or unfavorable, the license shall not be issued until after three (3) months from the completion of the publication of the application.
- Failure of the couple to seek parental advice when required may result in penal sanctions under the Family Code, but does not by itself make the marriage void.

E. Required Seminar / Pre-Marriage Counseling

Most LCRs require attendance in:

Pre-marriage counseling;
Family planning / responsible parenthood seminar; or
A similar program (sometimes conducted by the DSWD, city/municipal health office, or family life office of the parish).

The LCR usually requires proof of attendance, such as a certificate, before issuing the license.

V. Application Procedure

Step 1: Prepare Documents

The parties gather:

Valid IDs;
PSA (or equivalent) birth certificates;
CENOMARs or proof of prior marriage and its dissolution (if applicable);
Parental consent or advice, if required by age;
Foreign nationals’ legal capacity documents, if applicable;
Certificates from any required seminars.

Step 2: Go to the Proper LCR

Both or at least one party appears at the LCR of the city/municipality of residence.

Many LCRs now accept joint applications with forms accomplished by both parties.
Personal appearance of both is usually required for identity verification and to sign the application.

Step 3: Fill Out the Application Form

Applicants accomplish a standard Marriage License Application Form, typically requiring:

Full names, birth dates, and birthplaces;
Citizenship and residence;
Religion;
Civil status;
Names, citizenship, and residence of parents;
If previously married, details of the former marriage and its dissolution.

Applicants certify the truth of the information under oath.

Step 4: Submission of Documents and Fees

The completed application and supporting documents are submitted to the LCR. Payment of the marriage license fee and any related charges (e.g., documentary stamps, seminar fees, etc.) is required. Fees vary by LGU but are generally modest.

Step 5: Posting / Publication of Notice

The law requires the LCR to:

Post a notice containing the names, ages, and other details of the applicants in a conspicuous place in the LCR office for ten (10) consecutive days (excluding the application date) or as otherwise interpreted administratively.
The purpose is to give the public a chance to oppose the marriage if there are legal impediments (e.g., existing marriage, prohibited relationship).

In some situations (e.g., where the parties reside in different cities/municipalities), there may be coordination between LCRs to ensure proper posting.

Step 6: Issuance of the Marriage License

Once:

The posting period is completed;
No opposition has been sustained; and
All seminar requirements and fees are satisfied,

the LCR issues the marriage license. It is usually a printed document containing:

Full names and details of the parties;
Place and date of issuance;
Signature and seal of the Local Civil Registrar.

The license is then released to the applicants, often personally or via authorized representative.

VI. Validity and Use of the Marriage License

A. Geographical Validity

The marriage license is valid anywhere in the Philippines.

It does not confine the parties to marry only in the city/municipality that issued it.
It may be used for civil or religious marriages, provided they are celebrated by an authorized solemnizing officer within Philippine territory.

B. Period of Validity

Under the Family Code:

A marriage license is valid for 120 days from the date of issue.
If not used within 120 days, it automatically expires, and a new application (with fees, publication, and requirements) must be made for a later wedding.

VII. Exemptions: Marriages Where No License Is Required

The Family Code provides specific instances where a marriage license is not required. These are exceptions and are strictly construed:

1. Marriages in articulo mortis

Marriages contracted in articulo mortis (when one or both parties are at the point of death):

If the parties would otherwise be qualified to marry, and circumstances do not allow procurement of a license in time.
If they both survive the life-threatening situation but continue to live together as spouses, the marriage remains valid even without a license.

2. Marriages in Remote Places

Marriages contracted in remote places where there is no means of transportation to bring the contracting parties to the proper LCR:

Provided the parties are qualified to marry;
The solemnizing officer must execute a sworn statement about the circumstances, which is attached to the marriage certificate.

3. Marriages Among Muslims and Ethnic Cultural Communities (Customary Law Marriages)

The Family Code recognizes that marriages among Muslims or among members of ethnic cultural communities may be valid without a marriage license when:

They are solemnized in accordance with their customs, rites, or practices; and
These customs are recognized by law (and do not conflict with national policy).

There are separate special laws, such as the Code of Muslim Personal Laws (PD 1083), governing the capacity and formalities for Muslim marriages, including roles of Shari’a courts, judges, or imams. For indigenous peoples, customary laws apply where recognized.

4. Marriages of a Man and a Woman Who Have Lived Together as Husband and Wife for at Least Five Years

Commonly known as the “five-year cohabitation” exception:

Applies to a man and a woman who have lived together as husband and wife for at least five (5) years and are without any legal impediment to marry each other.
Their marriage may be validly contracted without a license.

Key points:

The 5-year cohabitation must be continuous and as husband and wife, not merely living together as housemates or in a casual arrangement.
There must be no legal impediment throughout the 5-year period and at the time of marriage (e.g., no existing marriage to another person).
The solemnizing officer must secure a sworn statement from the parties as to the fact of their cohabitation and absence of impediment, and attach this to the marriage certificate.

VIII. Role of the Solemnizing Officer and the License

A. Who May Solemnize a Marriage

The Family Code lists persons authorized to solemnize marriages, including:

Any incumbent member of the judiciary (within their court jurisdiction);
Any priest, rabbi, imam, or minister of a recognized church or religious sect (duly registered and authorized);
Ship captains and airplane chiefs under specific circumstances (e.g., in articulo mortis);
Military commanders in certain warfront or similar contexts;
Consuls and vice-consuls for marriages abroad between Filipino citizens under certain conditions.

These officers must be satisfied that:

The parties have a valid marriage license, unless exempt; and
There is no legal impediment to the marriage.

B. Effect of Lack of Marriage License

If a marriage requires a license and:

No license was obtained; or
The license is invalid or forged; or
The license has expired (beyond 120 days),

the marriage is generally void from the beginning, subject to particular factual circumstances and legal interpretation.

IX. Penalties and Administrative Liabilities

The Family Code and related laws impose penalties on:

Persons responsible for issuing licenses in violation of the law (e.g., issuing without proper documents, without parental consent/ advice where required, or without publication);
Parties who misrepresent essential facts (e.g., age, civil status);
Solemnizing officers who perform marriages without seeing a valid license (except in exempt cases), or who fail to observe required formalities.

Penalties may include:

Fines;
Imprisonment;
Administrative sanctions for public officers and religious officiants, depending on their office and regulations.

These sanctions do not always determine the validity of the marriage (which follows the rules on essential and formal requisites) but may still have serious consequences.

X. Practical Considerations and Common Issues

Name Discrepancies
- Inconsistent spelling of names between IDs, birth certificates, and other documents can delay issuance. Affidavits of discrepancy or corrections may be needed.
Late Registration of Birth
- If an applicant’s birth was not registered on time, late registration procedures may be required before a license application is accepted.
Timing with Wedding Date
- Couples should account for:
  - Gathering documents;
  - Attending seminars;
  - Publication/posting period; and
  - The 120-day validity of the license.
- Applying too early risks the license expiring before the wedding; applying too late risks having no license in time.
Foreign Documents
- Foreign documents (divorce decrees, death certificates, legal capacity certificates) may need to be:
  - Notarized and apostilled;
  - Translated into English or Filipino by authorized translators;
  - Judicially recognized (in the case of certain foreign divorces involving a Filipino).
Religious Weddings
- Church or religious bodies often have additional requirements (e.g., canonical interviews, banns, pre-Cana seminars) that are separate from the civil requirement of the marriage license.
- Even if the wedding is religious, the civil marriage license remains essential unless the marriage falls under a legal exemption.

XI. Summary

In the Philippine legal framework:

The marriage license is a formal requisite for most marriages; its absence (where required) is a ground for the marriage’s nullity.
It is obtained from the Local Civil Registrar of the city or municipality where either contracting party habitually resides.
Applicants must show proof of identity, age, and civil status, and comply with parental consent/advice rules based on age, plus attend mandated seminars and undergo publication of the application.
The license is valid nationwide for 120 days from issuance.
Certain marriages—such as those in articulo mortis, in remote places, among Muslims or ethnic cultural communities under recognized customs, and those between a man and woman who have cohabited as husband and wife for at least five years without impediment—are exempt from the license requirement, subject to strict conditions.
Public officials, solemnizing officers, and parties who violate the rules on marriage licenses may face civil, criminal, or administrative liability.

This framework aims to protect the integrity of marriage as a social institution, ensure that parties entering into marriage possess the required legal capacity, and provide safeguards against fraud, bigamy, and other abuses.