|
Art. 23. It shall be the duty of the person
solemnizing the marriage to furnish either of the contracting
parties the original of the marriage certificate referred to in
Article 6 and to send the duplicate and triplicate copies of the
certificate not later than fifteen days after the marriage, to the
local civil registrar of the place where the marriage was
solemnized. Proper receipts shall be issued by the local civil
registrar to the solemnizing officer transmitting copies of the
marriage certificate. The solemnizing officer shall retain in his
file the quadruplicate copy of the marriage certificate, the copy of
the marriage certificate, the original of the marriage license and,
in proper cases, the affidavit of the contracting party regarding
the solemnization of the marriage in place other than those
mentioned in Article 8. (68a)
Art. 24. It shall be the duty of the local civil registrar to
prepare the documents required by this Title, and to administer
oaths to all interested parties without any charge in both cases.
The documents and affidavits filed in connection with applications
for marriage licenses shall be exempt from documentary stamp tax.
(n)
Art. 25. The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a registry book
strictly in the order in which the same are received. He shall
record in said book the names of the applicants, the date on which
the marriage license was issued, and such other data as may be
necessary. (n)
Art. 26. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they were
solemnized, and valid there as such, shall also be valid in this
country, except those prohibited under Articles 35 (1), (4), (5) and
(6), 3637 and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry under Philippine law.
Chapter 2. Marriages Exempted from
License Requirement
Art. 27. In case either or both of the contracting parties are
at the point of death, the marriage may be solemnized without
necessity of a marriage license and shall remain valid even if
the ailing party subsequently survives. (72a)
Art. 28. If the residence of either party is so located that there
is no means of transportation to enable such party to appear
personally before the local civil registrar, the marriage may be
solemnized without necessity of a marriage license.
(72a)
Art. 29. In the cases provided for in the two preceding articles,
the solemnizing officer shall state in an affidavit executed before
the local civil registrar or any other person legally authorized to
administer oaths that the marriage was performed in articulo
mortis or that the residence of either party, specifying the
barrio or barangay, is so located that there is no means of
transportation to enable such party to appear personally before the
local civil registrar and that the officer took the necessary steps
to ascertain the ages and relationship of the contracting parties
and the absence of legal impediment to the marriage.
(72a)
Art. 30. The original of the affidavit required in the last
preceding article, together with the legible copy of the marriage
contract, shall be sent by the person solemnizing the marriage to
the local civil registrar of the municipality where it was performed
within the period of thirty days after the performance of the
marriage. (75a)
Art. 31. A marriage in articulo mortis between passengers or crew
members may also be solemnized by a ship captain or by an airplane
pilot not only while the ship is at sea or the plane is in flight,
but also during stopovers at ports of call. (74a)
Art. 32. A military commander of a unit, who is a commissioned
officer, shall likewise have authority to solemnize marriages in
articulo mortis between persons within the zone of military
operation, whether members of the armed forces or civilians.
(74a)
Art. 33. Marriages among Muslims or among members of the ethnic
cultural communities may be performed validly without the necessity
of marriage license, provided they are solemnized in accordance with
their customs, rites or practices. (78a)
Art. 34. No license shall be necessary for the marriage of a man and
a woman who have lived together as husband and wife for at least
five years and without any legal impediment to marry each other. The
contracting parties shall state the foregoing facts in an affidavit
before any person authorized by law to administer oaths. The
solemnizing officer shall also state under oath that he ascertained
the qualifications of the contracting parties are found no legal
impediment to the marriage. (76a)
Chapter 3. Void and Voidable
Marriages
Art. 35. The following marriages shall be void from the
beginning:
(1) Those contracted by any party below
eighteen years of age even with the consent of parents or
guardians;
(2) Those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered
the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under
Article 41;
(5) Those contracted through mistake of one contracting party
as to the identity of the other; and
(6) Those subsequent marriages that are void under Article
53.
Art. 36. A marriage contracted by any party
who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations
of marriage, shall likewise be void even if such incapacity
becomes manifest only after its solemnization.
Art. 37. Marriages between the following are incestuous and void
from the beginning, whether relationship between the parties be
legitimate or illegitimate:
Next
Pages
|
