Article 27-32 of the Family Code
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. (72a)
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 the necessity of a marriage license. (72a)
Article 29. In the cases provided for in the two preceding articles, 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 or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage. (72a)
Article 30. The original of the affidavit required in the last preceding article, together with a legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty (30) days after the peformance of the marriage. (73a)
Article 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a)
Article 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a)
Article 33. 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.(78a)
Article 34. 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. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. (76a)
Article 27 to 34 is the Marriages exempt from license requirement. A marriage in articulo mortis even if both parties are at the point of death, there can be a valid marriage without a marriage license provided that all the essential requites are present.
The marriage in article 28 where in a remote place, there is no prescribed minimum or maximum distance.
The purpose of affidavit in article 29 is to prove the exemption from the marriage license. But incase the solemnizing officer failed to execute the affidavit it will not invalidate the marriage for affidavit is not required of the parties.
Article 31 states that marriages wherein the situation is between the passengers or crew memeber of a plane or vessel, the ship captain or pilot can solemnize a marriage only in a point of death or articulo mortis. In can also be solemnize even if the plane is in flight or while the ship is sailing and stopovers. It does not require a marriage license.
Article 32 of the Family code authorizes the military commander who is a commisioned officer to perform a marriage to anyone within the area of military operation if it is in articulo mortis whether members of military or civilians. It is considered valid.
Under Article 33 of the Family code, a marriage of Muslims or member of ethnic cultural minorities even without a necessity of marriage license is valid provided that the ceremony is in accordance with their customs, rites and practices. It is consistent with the constitutional provision which provides that “the State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies
Article 34 of the Family code dispenses the marriage license requirement when the parties haved lived together as husband and wife for atleast five years or even more continuous and unbroken period without any legal impedement to marry each other
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 the necessity of a marriage license. (72a)
Article 29. In the cases provided for in the two preceding articles, 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 or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage. (72a)
Article 30. The original of the affidavit required in the last preceding article, together with a legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty (30) days after the peformance of the marriage. (73a)
Article 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a)
Article 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a)
Article 33. 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.(78a)
Article 34. 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. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. (76a)
Article 27 to 34 is the Marriages exempt from license requirement. A marriage in articulo mortis even if both parties are at the point of death, there can be a valid marriage without a marriage license provided that all the essential requites are present.
The marriage in article 28 where in a remote place, there is no prescribed minimum or maximum distance.
The purpose of affidavit in article 29 is to prove the exemption from the marriage license. But incase the solemnizing officer failed to execute the affidavit it will not invalidate the marriage for affidavit is not required of the parties.
Article 31 states that marriages wherein the situation is between the passengers or crew memeber of a plane or vessel, the ship captain or pilot can solemnize a marriage only in a point of death or articulo mortis. In can also be solemnize even if the plane is in flight or while the ship is sailing and stopovers. It does not require a marriage license.
Article 32 of the Family code authorizes the military commander who is a commisioned officer to perform a marriage to anyone within the area of military operation if it is in articulo mortis whether members of military or civilians. It is considered valid.
Under Article 33 of the Family code, a marriage of Muslims or member of ethnic cultural minorities even without a necessity of marriage license is valid provided that the ceremony is in accordance with their customs, rites and practices. It is consistent with the constitutional provision which provides that “the State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies
Article 34 of the Family code dispenses the marriage license requirement when the parties haved lived together as husband and wife for atleast five years or even more continuous and unbroken period without any legal impedement to marry each other
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