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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
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 local civil registrar concerned or
any public official authorized to administer oaths. Such instrument
shall contain the sworn declaration of two witnesses of lawful age,
setting forth the full name, residence and citizenship of such
contracting party and of his or her parents, if known, and the place
and date of birth of such party. The nearest of kin of the
contracting parties shall be preferred as witnesses, or, in their
default, persons of good reputation in the province or the locality.
The presentation of birth or baptismal certificate shall not be
required if the parents of the contracting parties appear personally
before the local civil registrar concerned and swear to the
correctness of the lawful age of said parties, as stated in the
application, or when the local civil registrar shall, by merely
looking at the applicants upon their personally appearing before
him, be convinced that either or both of them have the required age.
(60a)
Art. 13. In case either of the contracting parties has been
previously married, the applicant shall be required to furnish,
instead of the birth or baptismal certificate required in the last
preceding article, 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.
In case the death certificate cannot be secured, the party shall
make an affidavit setting forth this circumstance and his or her
actual civil status and the name and date of death of the deceased
spouse. (61a)
Art. 14. In case either or both of the contracting parties, not
having been emancipated by a previous marriage, are between the ages
of eighteen and twenty-one, they shall, in addition to the
requirements of the preceding articles, exhibit to the local civil
registrar, the consent to their marriage of their father, mother,
surviving parent or guardian, or persons having legal charge of
them, in the order mentioned. Such consent shall be manifested in
writing by the interested party, who personally appears before the
proper local civil registrar, or in the form of an affidavit made in
the presence of two witnesses and attested before any official
authorized by law to administer oaths. The personal manifestation
shall be recorded in both applications for marriage license, and the
affidavit, if one is executed instead, shall be attached to said
applications. (61a)
Art. 15. Any contracting party between the age of twenty-one and
twenty-five shall be obliged to ask their parents or guardian for
advice upon the intended marriage. If they do not obtain such
advice, or if it be unfavorable, the marriage license shall not be
issued till after three months following the completion of the
publication of the application therefor. A sworn statement by the
contracting parties to the effect that such advice has been sought,
together with the written advice given, if any, shall be attached to
the application for marriage license. Should the parents or guardian
refuse to give any advice, this fact shall be stated in the sworn
statement. (62a)
Art. 16. In the cases where parental consent or parental advice is
needed, the party or parties concerned shall, in addition to the
requirements of the preceding articles, attach a certificate issued
by a priest, imam or minister authorized to solemnize marriage under
Article 7 of this Code or a marriage counselor duly accredited by
the proper government agency to the effect that the contracting
parties have undergone marriage counseling. Failure to attach said
certificates of marriage counseling shall suspend the issuance of
the marriage license for a period of three months from the
completion of the publication of the application. Issuance of the
marriage license within the prohibited period shall subject the
issuing officer to administrative sanctions but shall not affect the
validity of the marriage.
Should only one of the contracting parties need parental consent or
parental advice, the other party must be present at the counseling
referred to in the preceding paragraph. (n)
Art. 17. The local civil registrar shall prepare a notice which
shall contain the full names and residences of the applicants for a
marriage license and other data given in the applications. The
notice shall be posted for ten consecutive days on a bulletin board
outside the office of the local civil registrar located in a
conspicuous place within the building and accessible to the general
public. This notice shall request all persons having knowledge of
any impediment to the marriage to advise the local civil registrar
thereof. The marriage license shall be issued after the completion
of the period of publication. (63a)
Art. 18. In case of any impediment known to the local civil
registrar or brought to his attention, he shall note down the
particulars thereof and his findings thereon in the application for
marriage license, but shall nonetheless issue said license after the
completion of the period of publication, unless ordered otherwise by
a competent court at his own instance or that of any interest party.
No filing fee shall be charged for the petition nor a corresponding
bond required for the issuances of the order. (64a)
Art. 19. The local civil registrar shall require the payment of the
fees prescribed by law or regulations before the issuance of the
marriage license. No other sum shall be collected in the nature of a
fee or tax of any kind for the issuance of said license. It shall,
however, be issued free of charge to indigent parties, that is those
who have no visible means of income or whose income is insufficient
for their subsistence a fact established by their affidavit, or by
their oath before the local civil registrar.
Art. 20. 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 canceled at the expiration of the said
period if the contracting parties have not made use of it. The
expiry date shall be stamped in bold characters on the face of every
license issued. (65a)
Art. 21. When either or both of the contracting parties are citizens
of a foreign country, it shall be necessary for them before a
marriage license can be obtained, to submit a certificate of legal
capacity to contract marriage, issued by their respective diplomatic
or consular officials.
Stateless persons or refugees from other countries shall, in lieu of
the certificate of legal capacity herein required, submit an
affidavit stating the circumstances showing such capacity to
contract marriage. (66a)
Art. 22. The marriage certificate, in which the parties shall
declare that they take each other as husband and wife, shall also
state:
(1) The full name, sex and age of each
contracting party;
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the
marriage;
(4) That the proper marriage license has been issued
according to law, except in marriage provided for in Chapter 2
of this Title;
(5) That either or both of the contracting parties have
secured the parental consent in appropriate cases;
(6) That either or both of the contracting parties have
complied with the legal requirement regarding parental advice in
appropriate cases; and
(7) That the parties have entered into marriage settlement,
if any, attaching a copy thereof. (67a)
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