I

CODE OF THE PHILIPPINES Art. 9

THE FAMILY CODE OF THE PHILIPPINES THE FAMILY
Arts. 8-9

No less than the 1987 Philippine Constitution, declares COMMENT

that marriage, as an inviolable social institution, is the m Where
i foundation of the family and shall be protected by the State. The marriage license should be issued by the local civil
registrar of the jnunicipality where EITHER contracting party
Art. 8. The marriage shall be solemnized publicly in the habitually resides. (But if this requirement as to the place of
chambers of the judge or in open court, in the church, chapel issuancei is not complied with, the marriage would still be valid,
or temple, or in the office of the consul-general, consul or provided all the other requisites are present. ) The solemnizing
vice-consul, as the case may be, and not elsewhere, except officer does not have to investigate whether or not the license
in cases of marriages contracted at the point of death or in had been properly issued. (People v. Jansen, 54 Phil. 176)
remote places in accordance with Article 29 of this Code, or
where both of the parties request the solemnizing officer in Marriages of Exceptional Character (No Marriage
(2)
writing in which case the marriage may be solemnized at a
house or place designated by them in a sworn statement to
License Is Required) (A &C t» ) ÿ
that effect. (57a) (a) In articulo mortis. (Art. 27)
(b) In a remote place. (Art. 28)
COMMENT: Marriage of people who have previously cohabited for
(c)
-s- (1) Reason for Public Solemnization at least five years. (Art. 34) (Ratification of marital
cohabitation..)
The requirement that the marriage be done publicly is
based on the premise that the state takes an active interest (d) Marriages between pagans or Mohammedans, who live
in the marriage. in non-Christian provinces, and who are married in
accordance with their customs. (Art. 33) (Suppose the
> •' s Where Public Solemnization Is Not Need< parties live in non-Christian provinces but the wedding
is in Manila?) A R:
l»
m
ic solemnization is needed except: (CARfCj
(a) Marriages in chambers of the Justice or Judge.
(3) Religious Ratification
m
m
F* -3 (b) In marriages in articulo mortis.
Religious ratification of a valid Larriage does not require ÿ

(c) In marriages in a remote place. a marriage license.

a (d) When both of the parties request in writing for
solemnization in some other place. The place must (4) Case
be designated in a sworn statement.
Abbas v. Abbas
689 SCRA 646
Art. 9. A marriage license shall be issued by the local The Local Civil Registrar has a certification to
FACTS:
civil registrar of the city or municipality where record of a marriage license.
m either the effect.that said office has no
contracting party habitually resides, except in marriages
\ÿere no license is required in
accordarice~with HELD: Said certification is adequate enough to prove the
of this Title. (58a)
Chapt
— non-issuance of the marriage license.

340 341