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Article 27-34: Marriages Exempt from Marriage Note: Marriages by the general consul, consul and

License vice-consul under Art. 10 are not exempted from


Article 27: Point of death - no need for marriage marriage licenses. The issuance of ML and other
license and valid even if he survives duties of LCR devolve upon these consular officials
Marriage in Articulo Mortis Article 30: Original of the affidavit together with a
 Either or both at point of death but must be legible copy of the MC, shall be sent by the
still conscious of what way they are doing solemnizing officer to the LCR of municipality
 Mere sickness will not justify where it was performaed within the period of 30
 Can be solemnized without marriage license days after the performance of the marriage
 No particular form required in the Sending of Original Affidavit Within 30 Days
solemnization  Distinguished from 15-day period required
 Remains valid even if the ailing party gets under Art. 23 which refers to sending of the
well duplicate and triplicate copies of the
Rationale: License issuable 10 days following marriage contract to LCR in cases of
the publication of the application for marriage ordinary marriages
license would be impractical because the dying Article 31: Marriage in articulo mortis between
party would already be dead before it is passengers or crew members may also be
obtained solemnized by a ship captain or by an airplane pilot
Article 28: No means of transportation to not only while the ship is at sea or plane is in flight,
personally appear before the LCR – no need for but also during stopovers at ports of call
marriage license Marriage During Voyages
Marriage in Remote Places Article 32: Military commander of a unit, who is a
 What is remote will depend upon the commissioned officer, has authority to solemnized
circumstances in articulo mortis between persons within the zone
 Residence is located in a remote place of military operation, whether members of the
which is more than 15 kilometers away armed forces or civilians
from Municipal building and no Marriages Within Zones of Military Operations
communication by railroad or highway  Unlike in old law, it is now required that the
between the two places (Old law, female military commander be a commissioned
only) officer
Article 29: In articulo mortis and remote places,  It is necessary that the assigned military
affidavit executed before the LCR or any person chaplain be absent
legally authorized to administer oaths; speciying Article 33: Marriages among Muslims or ethnic
barrio or barangay has no means of transpo to cultural communities – may be performed without
appear personally before the LCR, and that officer marriage license, provided they are solemnzied in
took necessary steps to ascertain the ages and accordance with their customs, rites, or practices
relationship of contracting parties, and absence of Muslim Marriages and Other Ethnic Groups
legal impediment to the marrriage.  No license needed
Affidavit in Lieu of Marriage License (failure to  Code of Muslim Laws of the Philippines
comply is punishable with fine or imprisonment or which became effective on February 4, 1977
both) governs the Muslims’ law on marriage
Requirement for the executing of an affidavit by the  No longer required that the parties be living
solemnizing officer stating that: in non-christian provinces as provided
1. Marriage was performed in articulo mortis under Art. 78 of the NCC
2. That the residdence is remote  Exemption is only to the marriage license
3. That he tooks steps to ascertain the ages and not with the other requisites of
and relationship if the parties and the marriage
absence of legal impediment to the Article 34: Living for at least five years and without
marriage any legal impediment – no need for license; must
Note: Affidavit is not required in the cases of state it in an affidavit before any person authorized
marriages in articulo mortis performed by a ship by law to administer oaths; must also state under
captain, airplane pilot, and military commander
oath that he ascertained qualifications and no legal no license, the marriage is void for lack of
impediment valid marriage license and the parties are
Legal Ratification of Marital Cohabitation: liable for perjury
Requisites Observation and Comment:
1. Lived as husband and wife for at least five  The Borja-Manzano case did not change the
years ruling in Ninal vs Bayadog
2. No legal impediment during this period  Borja-Manzano is an administrative case
3. The fact of absence of legal impediment against a judge – the issue is not focused on
must be present at the time of marriage the characteristics of five-year period
4. An affidavit by the parties stating the  The enumeration of the requisites is done in
foregoing facts a general statement
5. Solemnizing officer shall state under oath No license required in religious ratification of
the he ascertained the qualifications and marriage:
found no legal impediment to the marriage  A couple already civilly married before a
Rationale: To facilitate and encourage marriage judge, military commander, or consul,
of persons who have been living in a state of doesn’t need to secure a marriage license if
concubinage for more than five years; the they wish to religiously ratify their union;
publicity and bother attendant on the securing purely religious ceremony; marriage
of license might deter them from legalizing the certificate signed woul not add anything to
union the effective of marriage; kept only for files
Nature of Cohabitation of church or sect
 The five-year period should be the years
immediately before the day of marriage and
it should be a period of cohabitation
characterized by exclusivity – meaning no
third party was involved and continuity –
that is unbroken
 Otherwise, the law would be sanctioning
immorality and encouraging parties to have
common law relationships and placing them
on the same footing with those who lived
faithfully with their spouse (Read: Ninal vs.
Bayadog)
Latest Clarification
 Five year common-law cohabitation means
a five-year period computed back from the
date of celebration of marriage, and refers
to a period of legal union had it not been
for the absence of a marriage
Kinds of Impediments:
a. Diriment – makes the marriage void; E.g.
prior existing marriage, lack of legal
capacity, close blood relationship
b. Prohibitibe – do not affect the validity of
the marriage but criminal sanction may be
imposed; E.g. marriage without waiting for
three months, there being an unfavorable
parental advice
 If the parties falsified tha affidavit as it takes
time to secure a license and knowing the
falsity, the marriage is not exceptional but
an ordinary marriage; as such there being