8/8/2019 Notes_Family Code 11-15

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Family CodeArticle 11

• Data that must be included in the application for the marriage license1. Full name of the contracting party2. Place of birth3. Age and date of birth4. Civil status

5. If previously married, how, when and where the previous marriage was dissolvedor annulled

6. Present residence and citizenship7. Degree of relationship of the contracting parties8. Full name, residence and citizenship of the father9. Full name, residence and citizenship of the mother10.Full name, residence and citizenship of the guardian or person having charge, in

case the contracting party has neither father nor mother and is under the age of twenty-one years

• Applicants, parents or guardians shall not be required to exhibit their residencecertificates in any formality in connection with securing the marriage license

• Each of the contracting party is required to file separately with the proper local civil

registrar

Article 12Rules by which the civil registrar shall determine as to whether the parties are of therequired age to marry

1. Require the presentation of the original birth certificate upon receiving theapplication

a. If none, then baptismal certificateb. Or copies of these documents duly attested by the persons having custody of 

the originalsc. Signature and official title of the person issuing the certificate shall be

sufficient proof of authenticity

2. If either of contracting parties is unable to produce the birth or baptismalcertificates or a certified copy of either because:

a. destruction or loss of original,b. such has not yet been received though already been required of the person

having custody thereof at least 15 days prior to the date of the application, Then such party may furnish instead his/her current residence certificate or aninstrument drawn up and sworn to before the local civil registrar concerned or anypublic official authorized to administer oaths. This instrument shall contain thesworn declaration of two witnesses of legal age setting forth:

a. the full name, residence and citizenship of such contracting partyb. the full name, residence and citizenship of his or her parents, if knownc. Place and ate of birth of such party

For witnesses, the nearest of kin shall be preferred or in their default, persons of good reputation in the province or the locality

3. Birth or baptismal certificate shall not be requireda. f the parents of the contracting parties appear personally before the local

civil registrar and swear to the correctness of the lawful age of said partiesb. or when the local civil registrar by merely looking at the applicants upon their

personal appearance before him is convinced that either or both of themhave the required age

8/8/2019 Notes_Family Code 11-15

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Article 13When either party had been previously married the following must be submitted in lieu of the birth or baptismal certificates:

1. death certificate of the deceased spouse2. OR judicial decree of the absolute divorce3. OR the judicial decree of annulment

4. OR declaration of nullity of his or her previous marriageIn case the death certificate cannot be secured, the concerned party shall make anaffidavit setting forth this circumstance and his or her actual civil status and the name anddate of death of deceased spouse.

Article 14Without the needed consent, marriage is voidable

1. If either of the contracting parties fall under the following qualifications:a. Between 18-21 yearsb. Have not yet been emancipated by a previous marriage

2. Then they need to exhibit to the local civil registrar, in addition to the requirementsalready stated above, the consent to their marriage of their father, mother,

surviving parent, or guardian or persons having legal charge of them, in the order mentioned .

3. Consent shall bea. in writing, by the interested party, who personally appears before the proper

local civil registrar. The personal manifestation shall be recorded in bothapplications for marriage license

b. OR in the form of an affidavit made in the presence of two witnesses andattested before any official authorized by law to administer oaths. Theaffidavit will be attached to the application

Article 15Advice from parent/s or legal guardian required for Parties 21-25 years of age. If:

1. Parties do not obtain such advice2. If advice is unfavorable

 Then the marriage license shall not be issued UNTIL after three months FOLLOWINGthe completion of the publication of the application.

A sworn statement by the contracting parties that such advice has been sought togetherwith the written advice, if any is given, shall be attached to the application for marriagelicenseIf parents or guardian refuse, this fact shall be stated in the sworn statement