Chapter 1: - Page 4 of 4

Requisites of Marriage

(The Family Code of the Philippines)

Article 20

The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue, and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it.  The expiry date shall be stamped in bold characters othe face of every license issued.  (65a)

Article 21

When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.

Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage.  (66a)

Article 22

The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also state:

  1. The full name, sex and age of each contracting party;
  2. Their citizenship, religion and habitual residence;
  3. The date and precise time of the celebration of the marriage;
  4. That the proper marriage license has been issued according to law, except in marriage provided for in Chapter 2 of this Title;
  5. That either or both of the contracting parties have secured the parental consent in appropriate cases;
  6. That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases; and
  7. That the parties have entered into marriage settlement, if any, attaching a copy thereof.  (67a)
Article 23

It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized.  Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate.  The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8.  (68a)

Article 24

It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties without any charge in both cases.  The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax.  (n)

Article 25

The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the order in which the same are received.  He shall record in said book the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary.  (n)

Article 26

All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38.  (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.  (As amended by Executive Order 227)

Learn this Filipino word:

masakit na birò