Question & AnswerQ&A (Act No. 3412)
A male must be at least sixteen years old, and a female must be at least fourteen years old to contract marriage, provided they are not disqualified by law.
Marriages may be solemnized by a judge of any court inferior to the Supreme Court, a justice of the peace, or a duly registered priest or minister of the gospel of any denomination or religion.
The priest or minister must send a sworn statement with their full name, domicile, and authorization to solemnize marriage by their church to the Philippine Library and Museum, which upon verification issues a certificate of registration.
Yes, except when either contracting party is at the point of death, a marriage license must be first issued by the municipal secretary or clerk of the municipal court in the municipality where the woman has her habitual residence.
Information required includes full name, place of birth, age, civil status, details of any previous marriage dissolution, residence, degree of relationship to the other party, full names and birthplaces of parents, and residence of parents or guardians if applicable.
They may provide an affidavit with sworn declarations from two lawful witnesses attesting to their identity, birthdate, and parentage before a justice of the peace or notary public.
A marriage license is valid for no more than sixty days from the date of issuance and is cancelled if not used within this period.
They shall be punished by imprisonment from six months to five years or a fine from two hundred to five thousand pesos.
They face imprisonment of up to five years or fines ranging from two hundred to five thousand pesos for unlawfully issuing licenses; misdemeanor and imprisonment up to four months and fines up to four hundred pesos for influencing contracting parties regarding church affiliation.
The parties must declare in the presence of the solemnizer and two lawful witnesses that they take each other as husband and wife. The declaration must be recorded in triplicate and signed by the parties and witnesses.
Public solemnization must occur in the office of the court, municipal government, or a church, chapel, or temple of the appropriate denomination, except for marriages on the point of death or with written parental/guardian consent, which may be solemnized at a designated place.
It must include the full names and residence of the parties, their ages, consent if either is a minor, certification of marriage solemnization, presence of witnesses, and confirmation of no legal impediment to the marriage.
The solemnizer must provide a copy of the marriage contract to either party, send another copy to the municipal clerk or secretary within 48 hours, and retain one copy for their files.
Violations can result in imprisonment for up to two months or fines up to two hundred pesos, or both, depending on the offense.
If the male is under 20 years or the female under 18 years, written consent from the father or in default the mother, guardian, or person having charge is required before a license can be issued.