Reglamentary Period and Place of Registration
Where a marriage license is required, each of
the contracting parties shall file separately a sworn application for such license
with the proper civil registrar which shall specify the following:
a. Full name of the contracting party;
b. Place of birth;
c. Age and date of birth
d. Civil Status;
e. If previously married, how, when and where the
previous marriage was dissolved or annulled;
f. Present residence and citizenship;
g. Degree of relationship of the contracting
parties;
h. Full name, residence and citizenship of the
father;
i. Full name, residence and citizenship of the
mother; and
j. 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.
Requisites in Applying for a Marriage License
1. Original birth certificate or
baptismal certificates of the contracting parties or copies of such documents
duly attested by the persons having custody of the original.
If either of the contracting parties is unable
to produce his birth or baptismal certificate or a certified copy of either
because of the destruction or loss of the original, or if it is shown by an
affidavit of such party or of any other person that such birth or baptismal
certificate has not yet been received though the same has been required of the
person having custody thereof at least fifteen (15) days prior to the date of the
application, such party may furnish in lieu thereof his current residence
certificate or an instrument drawn up and sworn to before the civil registrar
concerned or any public official authorized to administer oaths.
The presentation of the birth or baptismal
certificate shall not be required if the parents of the contracting parties
appear personally before the civil registrar concerned and swear to
the correctness of the lawful age of such parties.
2. If either of the contracting parties
has been previously married, the applicant shall be required to furnish,
instead of the birth or baptismal certificate, the death certificate of the
deceased spouse or the judicial decree of the absolute divorce, or the judicial
decree of annulment or declaration of nullity of his or her previous marriage.
3. In case either or both of the
contracting parties, are between the ages of eighteen and twenty-one, a
consent to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order mentioned shall
be obtained.
4. Any contracting party between the age of
twenty-one and twenty-five shall be obliged to seek parental advice upon
the intended marriage. If it is unfavorable, the marriage license shall not be
issued till after three months following the completion of the publication of
the application thereof.
5. In the case where parental consent or
parental advice is needed, the parties concerned shall attach a certificate
issued by proper authorities to the effect that the contracting parties
have undergone marriage counseling.
6. When either or both of the contracting
parties are citizens of a foreign country, it shall be necessary for them
before a marriage license could be obtained, to submit a certificate of legal
capacity to contract marriage, issued by their respective diplomatic or
consular officials.
7. The license shall be valid in any part of
the Philippines for a period of one hundred twenty days from the date of
issue, and shall be deemed automatically cancelled at the expiration of
said period if the contracting parties have not made use of it.
Number of Copies to be Accomplished
It shall be the duty of the contracting
parties to accomplish four (4) copies of the Application for Marriage License
for registration. After the registration, the civil registrar shall distribute
copies of the document bearing the civil registry number as follows: first copy
to the registrant; second copy to the Office of the Civil Registrar-General;
third copy shall be retained for his file; and fourth copy to the solemnizing
office
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