Law Summary
Authorized Solemnizers and Registration Requirements
- Marriage may be solemnized by judges of courts inferior to the Supreme Court, justices of the peace, priests, or ministers of the gospel from any denomination or religion.
- Priests or ministers must be registered with the Philippine Library and Museum with a sworn statement showing authorization by their church or sect.
- The Director of the Philippine Library and Museum must verify the church's reputation and Philippine operation before issuing a certificate of registration.
- Only registered priests or ministers may solemnize marriages.
Marriage License Requirement and Application
- Except in deathbed cases, marriage requires a license issued by the municipal secretary where the woman resides or the clerk of the municipal court in Manila.
- Separate written sworn applications are required, containing detailed personal data about the applicants such as full name, place and date of birth, marital status, residence, relationship degree, and parental or guardian information.
- Original or duly attested baptismal or birth certificates must be presented; if unavailable due to loss or destruction, a sworn declaration with at least two witnesses is acceptable.
- License applications must be posted publicly for 10 days except if banns or publications are required by the church or religion, in which case the license is issued immediately.
- Licenses do not issue if the male is under 20 or the female under 18 without written consent from father, mother, guardian, or person in charge.
- Consent may be certified before two witnesses and acknowledged under oath.
- A fee of two pesos is charged, which accrues to the municipality's school fund.
- The license validity period is 60 days.
Prohibitions and Penalties Related to Marriage License and Solemnization
- Priests or ministers solemnizing marriage without registration or refusing to show registration certificates are subject to imprisonment (6 months to 5 years) or fines (200 to 5,000 pesos).
- Officials unlawfully issuing or denying marriage licenses face the same penalties.
- Municipal secretaries or clerks attempting to influence the choice of church, sect, or religion in contracting parties' marriages face misdemeanor charges punishable by up to 4 months imprisonment and fines up to 400 pesos.
Marriage Ceremony Requirements
- No specific formality for the marriage ceremony is mandated.
- The parties must declare before the solemnizing person and two witnesses that they take each other as husband and wife.
- The declaration must be recorded in triplicate, signed by parties and witnesses, and attested by the solemnizer.
- Marriages must be solemnized publicly in government offices or church-related places, except for deathbed marriages or upon a written request by parents or guardians for private solemnization.
- Violations by officers or ministers may lead to fines (25 to 250 pesos), imprisonment (5 to 30 days), or both.
Marriage Contract Content and Validity
- The marriage contract must include:
- Full names and residences of the parties
- Ages
- Consent from parents or guardians if parties are under the legal age
- The valid marriage license
- Officials must verify and exhibit the marriage license before solemnization except in deathbed cases where an affidavit must be made and submitted.
- Violations carry imprisonment from 3 months to 2 years or fines from 300 to 2,000 pesos.
Duties and Documentation of the Solemnizer
- The solemnizer must provide one copy of the marriage contract to either party.
- Another copy must be filed with the municipal court clerk or municipal secretary within 48 hours after solemnization.
- The solemnizer retains the third copy for official files.
- Failure to comply may lead to imprisonment up to 2 months or fines up to 200 pesos.
Form and Content of Marriage Documents
- Marriage contract includes certification of consent, absence of impediments, venue, date, and witnesses.
- Consent to marriage for persons under age is documented with certificate signed by parents or guardians and witnessed.
- Affidavit by witnesses to consent must be sworn before authorized officials (Supreme Court member, judge, justice of peace, notary, or the solemnizer).
- Additional statements consistent with religious customs may be included.
Effectivity
- The Act takes effect on April 1, 1928.