Article 34 Marriage Exemption in the Philippines: Requirements for Cohabiting Couples
(A comprehensive discussion under Philippine law)

1. Introduction

Marriage in the Philippines is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). In general, couples seeking to marry must secure a valid marriage license before they can proceed with the solemnization of their marriage. However, the Family Code provides limited exceptions to this requirement. One such exception is found in Article 34, which allows certain cohabiting couples to marry without obtaining a marriage license, under specific conditions.

This article aims to provide an in-depth explanation of Article 34 of the Family Code, often referred to as the “marriage license exemption for cohabiting couples.” It will discuss the legal basis, the specific requirements, common pitfalls, relevant case law, and practical implications for couples who wish to marry under this provision.

2. Legal Basis: Article 34 of the Family Code

Article 34 of the Family Code states:

“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 and found no legal impediment to the marriage.”

From this legal text, several elements and requirements emerge. Article 34 essentially exempts qualifying couples from the normal requirement of securing a marriage license, provided that:

They have cohabited (lived together) as husband and wife for at least five continuous years.
They do not have any legal impediment to marry each other.
They execute an affidavit attesting to these facts before a person authorized by law to administer oaths.
The solemnizing officer certifies that he or she has verified the qualifications of the couple and found no legal impediment to their marriage.

3. Requirements for Marriage License Exemption

3.1. Cohabitation for at Least Five Years

Meaning of Cohabitation
Cohabitation in the context of Article 34 refers to living together as husband and wife in a way that is public and continuous, not merely occasional or intermittent. The couple must present themselves to the public as being in a marital relationship (albeit without formalities) for the entire duration of the five-year period.
Counting the Five-Year Period
The five-year period must be unbroken and immediately precede the day of the intended marriage. If there is any interruption (e.g., if one partner left to live elsewhere for a significant time), it may break the continuity required by law.
The Supreme Court of the Philippines has emphasized that the five-year period must be characterized by continuous cohabitation without a legal impediment arising during that timeframe.

3.2. No Legal Impediment to Marry

Definition of Legal Impediments
Under Philippine law, legal impediments include factors such as:
1. Existing marriage to another person (bigamy or polygamy issues).
2. Consanguinity or affinity (being closely related within prohibited degrees).
3. Psychological incapacity (as provided under Article 36 of the Family Code, if already declared as such by a court).
4. Minority (one or both parties below the legal age to marry, which is 18, with additional parental consent/parental advice requirements up to age 25).
  If any such impediment exists, the couple cannot validly claim an exemption under Article 34.
Implications of an Existing Legal Impediment
If a couple falsely declares that they have no legal impediment—for example, if one is still legally married to someone else—the subsequent marriage could be void ab initio (void from the start) or could lead to criminal liability for perjury or bigamy, depending on the circumstances.

3.3. Execution of the Affidavit

Sworn Affidavit
The law requires the couple to execute an affidavit attesting to the fact that:
- They have been living together for at least five years as husband and wife.
- There is no legal impediment to their marriage.
  This affidavit must be made before a person authorized by law to administer oaths (e.g., a notary public).
Penalty for False Statements
Misrepresentations in the affidavit can lead to serious legal consequences, including perjury charges. This is because the affidavit is a formal, sworn statement made under oath, and using it to obtain a marriage license exemption under false pretenses undermines the validity of the marriage.

3.4. Verification by the Solemnizing Officer

Responsibilities of the Solemnizing Officer
The solemnizing officer (judge, priest, imam, rabbi, or other authorized religious minister) who will officiate the marriage must also state under oath that:
- He or she has ascertained the qualifications of the contracting parties.
- Found no legal impediment to the marriage.
  This ensures a secondary layer of verification and accountability.
Due Diligence
In practice, solemnizing officers typically ask for proof of continuous cohabitation, such as identification showing a shared address, proof of residency, or statements from neighbors or relatives. While the law only explicitly requires an affidavit and the solemnizing officer’s statement, many officiants conduct their own additional checks to safeguard against invalid marriages.

4. Common Misconceptions and Pitfalls

4.1. “Common-Law Marriage” in the Philippines

Unlike some jurisdictions abroad, the Philippines does not recognize “common-law marriages” in the sense of automatically conferring legal marital status through cohabitation alone. Article 34 exempts certain couples from obtaining a license if they meet the specific criteria, but living together without fulfilling the conditions set forth (especially the five-year period) does not by itself give rise to a recognized marital union.

4.2. Requirement of “Holding Out as Husband and Wife”

To qualify under Article 34, the couple must have cohabited as husband and wife in a manner that is exclusive and public for five years. Merely sharing a residence or co-renting an apartment may not suffice if it cannot be shown that they were acting and representing themselves as husband and wife within that community.

4.3. Broken Cohabitation Periods

If the couple separated or lived apart for a significant period within those five years, the clock resets for purposes of the Article 34 exemption. The statute’s intent is to ensure a stable, continuous relationship akin to marriage for a substantial period before allowing them to marry without a license.

4.4. Age Requirements

Even if a couple has cohabited for five years, if one party is below 18 years old, marriage is still not allowed under Philippine law. If they are between 18 and 25, parental consent or parental advice may come into play, though Article 34 is silent on whether and how parental consent rules apply if a marriage license is not required. Generally, the solemnizing officer will look into the age and legal capacity of the parties to ensure no rules are breached.

4.5. Documentation Still Required

While Article 34 does exempt the couple from having to apply for a marriage license, it does not necessarily exempt them from other usual documentary requirements, such as:

Certificate of No Marriage Record (CENOMAR) or similar documentation to prove there is no existing marriage.
Birth certificates or other official documents proving identity and age.
Affidavits or statements to prove cohabitation.

Many Local Civil Registrars or solemnizing officers request these documents to verify the legality and authenticity of the intended marriage.

5. Relevant Jurisprudence

Over the years, the Philippine Supreme Court and lower courts have issued decisions clarifying Article 34’s scope. While there are no extremely famous landmark cases that wholly revolve around Article 34, there are rulings emphasizing that:

The five-year period must be completed before the marriage ceremony and must be continuous, immediate, and characterized by actual cohabitation.
Misrepresentation regarding cohabitation or legal capacity can nullify the marriage or lead to criminal prosecution.

These rulings collectively stress the importance of meeting all requirements: continuous cohabitation, absence of legal impediment, and a sworn affidavit.

6. Practical Steps for Couples

Confirm Continuous Cohabitation
Ensure that you can prove you have lived together publicly and continuously for at least five years. This might include utility bills, statements from neighbors, or even dated photos showing shared life events.
Secure an Affidavit
Prepare the joint affidavit stating your cohabitation history and lack of any legal impediment. Have this notarized or sworn before a duly authorized officer.
Gather Supporting Documents
Even though a license is not required under Article 34, be ready to present birth certificates, CENOMAR, or other proof if the solemnizing officer or local authorities request them.
Coordinate with the Solemnizing Officer
Make sure to speak with the judge, priest, pastor, imam, or other authorized officiant beforehand. They will have their own checklist to ensure the marriage is valid.
Register the Marriage
After the ceremony, the marriage should still be registered with the Local Civil Registrar (LCR). Ensure all forms are correctly filled out and filed to have an official record of your marriage.

7. Legal Consequences of Non-Compliance

Void Marriage: If the requirements of Article 34 are not genuinely met but the couple proceeds to marry under the exemption, the marriage may be void ab initio (void from the beginning).
Criminal Liability: Individuals who knowingly falsify information to circumvent the marriage license requirement could face charges such as perjury, and if one party was already legally married, bigamy charges could also arise.

8. Conclusion

Article 34 of the Family Code of the Philippines provides a narrow exception to the typical requirement of securing a marriage license. It is designed to give long-term cohabiting couples—those who have lived together continuously and exclusively for at least five years without any legal impediment—the opportunity to formalize their union without the usual procedural hurdle of obtaining a license.

For couples intending to use this exemption, strict compliance with the requirements is crucial. An honest, accurate affidavit and the absence of any legal barriers to marriage are fundamental. It is likewise advisable to seek professional legal counsel or guidance from a local civil registrar to ensure the validity of the marriage and to avoid legal complications.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The application of Article 34 can vary depending on individual facts and circumstances. For specific concerns, it is best to consult a licensed attorney in the Philippines or approach the Local Civil Registrar in your area for authoritative guidance.