Types of Marriages That Do Not Require a Marriage License

We all know that in order to get married, you need to secure a marriage license from the LGU of your place of residence. A marriage license certifies that you (and your fiance) are free to marry based on your age and your current civil status. Without it, you are essentially unauthorized to get married. If you insist on getting married without a marriage license, your marriage may soon be declared null and void.

There are certain types of marriages in the Philippines that are exempted from the requirement of a marriage license. Furthermore, these types of marriages have a longer reglementary period for their marriage certificate registration. Marriages that require a marriage license must be registered at the LCR in 15 days from the date of marriage, while marriages that do not require a marriage license have 30 days from the date of marriage to be registered.

Based on Executive Order 209, there are four types of marriages that do not require the execution of a marriage license. Below are the exact texts lifted from the said EO, as published in the Official Gazette website:

  1. Article 27 – In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without the necessity of a marriage license and shall remain valid even if the ailing party subsequently survives.
  2. Article 28 – If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license.
  3. Article 29 – Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites, or practices.
  4. 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.

For articles 27 and 28, the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis (Article 27) or that the residence of either party is located in an area without means of transportation (Article 28).

You may read the complete Executive Order by clicking this link.

Reference: Official Gazette

Published by MasterCitizen

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