Marriage Requirements in the Philippines
(A comprehensive legal guide, updated to April 20 2025)
I. Governing Legal Framework
| Primary statute | Key provisions on marriage |
|---|---|
| Family Code of the Philippines (Executive Order No. 209, as amended) | Essential and formal requisites, void/voidable marriages, license rules, parental consent/advice, solemnizing officers |
| Republic Act No. 11596 (2021, “An Act Prohibiting the Practice of Child Marriage”) | Criminalizes facilitation of any marriage where either party is below 18; such unions are void ab initio |
| Code of Muslim Personal Laws (Presidential Decree 1083) | Governs marriages of Muslims, subject to the 18‑year minimum age under R.A. 11596 |
| Indigenous Peoples’ Rights Act (R.A. 8371) | Recognizes customary marriage rites of ICCs/IPs if not contrary to national law (e.g., age floor and monogamy) |
| Civil Registry Law (Act No. 3753, as amended) & Administrative Orders of the PSA | Documentary and recording requirements |
| Revised Penal Code (Arts. 349–352) | Bigamy, illegal marriage, fictitious marriage, and unlawful solemnization |
Constitutional policy (Art. II §12; Art. XV §§1–2) declares the family as the “foundation of the nation,” and marriage as an “inviolable social institution.”
II. Essential Requisites (Family Code, Art. 2)
Legal Capacity of the contracting parties
- Age. Both must be at least 18 years old on the date of the ceremony. Under R.A. 11596, facilitating or entering into any marriage below this age is a criminal offense (8–10 years’ imprisonment) and the union is void.
- Single (or otherwise free to marry). A prior subsisting marriage renders the second void and exposes the contracting party to bigamy charges.
- Absence of impediments.
- Consanguinity/affinity: marriages are void between relatives in the direct line, between collateral blood relatives within the 4th civil degree, and between in‑laws within the same prohibited degrees (Arts. 37–38).
- Adoption & step relations: treated as blood relationships.
- Same‑sex couples: no enabling statute yet; bills on civil unions remain pending.
- Mental incapacity or minority without consent makes the union void or voidable, respectively.
Marriage consent freely given in the presence of the solemnizing officer. Vitiation (force, intimidation, undue influence or fraud) renders the marriage voidable and subject to annulment within five years from discovery or cessation of the defect.
III. Formal Requisites (Family Code, Art. 3)
Authority of the solemnizing officer
- Judges within their territorial jurisdiction;
- Priests, rabbis, imams, pastors and ministers duly registered with the PSA;
- Ship captains or airplane chiefs in articulo mortis;
- Military commanders in a remote zone during hostilities;
- Consular officers abroad (for marriages where both parties are Filipino citizens).
Lack of authority voids the marriage, except when one or both parties believed in good faith that the officer had such authority (Art. 35‑2).
Valid marriage license – see Section IV (unless covered by statutory exemptions, Art. 27–34).
Marriage ceremony
- Personal appearance of the parties;
- Declaration that they take each other as husband and wife;
- At least two witnesses of legal age;
- Ceremony usually in the place specified in the license, but may be elsewhere with written request (Art. 8).
IV. The Marriage License
| Step | Requirement | Notes |
|---|---|---|
| File Application | Local Civil Registrar (LCR) of either party’s municipality/city | Both parties must appear in person and accomplish LCR Form No. 1 |
| Publication | Notice posted on LCR bulletin board for 10 consecutive days | Provides an opportunity for oppositors to file a sworn protest |
| Waiting Period | License issuable after the 10‑day posting | Waived only for certain exemptions (see below) |
| Validity | 120 days nationwide from date of issue | Non‑extendible; an expired license requires a new application |
Documentary requirements (all newly issued by PSA or foreign equivalent):
- PSA‑certified Certificate of Live Birth of each party
- CENOMAR (Certificate of No Marriage Record) or its PSA‑issued Advisory on Marriages
- Valid government‑issued IDs (passport, PhilSys ID, driver’s license, etc.) showing current residence
- Community Tax Certificate or barangay clearance (varies by LGU)
- Premarriage counseling & family planning certificates (conducted by the LCR or accredited NGOs; absence delays release of license)
- Parental Consent (if either party is 18 < 21, written and personally given before the LCR; Art. 14)
- Parental Advice (age 21 ≤ 25; Art. 15). Failure to present advice does not void the marriage but triggers a 3‑month waiting time for license issuance.
- Death certificate, judicial decree of annulment or divorce (foreign spouse) if previously married
Additional requirements for foreigners
| Document | Details |
|---|---|
| Certificate/Letter of Legal Capacity to Contract Marriage (CLCCM) | Issued by the applicant’s embassy/consulate; if embassy no longer issues, an Affidavit of Marital Status & Capacity executed before a Philippine notary, plus a “negative marriage record” from home country |
| Passport bio page copy | For identity verification |
| Proof of legal stay in the Philippines | Visa stamp, ACR‑I Card, etc. |
Judicial Recognition of Foreign Divorce: A Filipino spouse who obtained a valid divorce abroad or whose foreign spouse divorced him/her must secure recognition by a Philippine court before remarrying; otherwise the LCR will deny license issuance.
License‑Exempt marriages (Family Code, Arts. 27‑34)
| Exemption | Conditions |
|---|---|
| In articulo mortis | One party at point of death, whether civilian or military |
| Remote or impoverished areas | No LCR within at least 10 kilometers and no means of transport, certified by mayor or solemnizing officer |
| Five‑year cohabitation | Parties cohabited continuously for at least five years, are without legal impediment, and execute a sworn statement |
| Muslim/Indigenous customary marriage | Per PD 1083 or IP customary law and consistent with 18‑year minimum age |
| Religious ratification | Civil license not required if religious ceremony validly solemnized the union before 1988 and parties merely wish to register |
V. Void, Voidable, and Valid but Defective Marriages
| Classification | Grounds | Action/Effect |
|---|---|---|
| Void ab initio | No essential/formal requisite, incestuous or bigamous marriage, parties under 18, absence of consent, psychological incapacity, same‑sex (until legislation changes), marriage license obtained through fraud or misrepresentation | May be attacked any time directly or collaterally; produces no civil effects except for legitimate children under Art. 36, property co‑ownership under Art. 147 |
| Voidable | Lack of parental consent (18 < 21), fraud, force/intimidation, impotence, STDs unknown at marriage | Susceptible to annulment within prescriptive periods; valid until annulled |
| Valid but Defective | Failure to obtain parental advice (21–25), improper venue, minor documentary lapses where no fraud exists | Marriage remains valid; violation punishable administratively or criminally, but union stands |
Tan‑Andal v. Jorge (G.R. 196359, 11 May 2021): The Supreme Court liberalized the standard for psychological incapacity, ruling it a legal, not medical, concept; expert testimony no longer mandatory.
VI. Criminal Liability and Administrative Sanctions
| Act | Liability |
|---|---|
| Bigamy (Art. 349 RPC) | 6–12 years’ imprisonment (prisión mayor) |
| Child Marriage / Facilitation (R.A. 11596) | 8–10 years; accomplices & accessories included |
| Unlawful Solemnization (Art. 350 RPC) | 4 months–2 years (arresto mayor) and/or fine; perpetual disqualification for repeat offenders |
| Fictitious or Proxy Marriage (Art. 350) | Same as above |
| Falsification of Civil Registry Documents (Art. 171 RPC) | 6–12 years |
| Administrative sanctions | PSA/LCR personnel face suspension or dismissal for improper registration |
VII. Special Marriage Regimes
Muslim Marriages
- Governed by PD 1083; solemnized by Imam, Wali, or Judge of the Shari’a Circuit Court.
- Mahr (dower) and Ijab‑qabul (offer & acceptance) are essential.
- Marriageable age now 18 for both sexes (harmonized with R.A. 11596).
Indigenous Peoples’ Customary Marriages
- Recognized if not violative of national policy (monogamy, 18‑year minimum age).
- Registration via NCIP‑certified affidavit plus tribal council certification filed with the LCR.
Marriages Abroad
- Governed by the lex loci celebrationis (law of the place); report of marriage must be filed with the Philippine embassy/consulate or, in its absence, directly with the PSA within 1 year.
- Philippine consular officers act as solemnizing officers for two Filipinos; if a foreigner is a party, local law of the host state applies and no Philippine license is needed.
VIII. Practical Checklist for Couples (Civil, Non‑Muslim)
- Gather PSA copies of birth certificates and CENOMAR (allow 3–5 working days or choose express delivery).
- Schedule Premarriage Counseling at the LCR; secure certificates.
- For ages 18–20: obtain notarized Parental Consent; for 21–25: secure Parental Advice (written or personal).
- Foreign fiancé/fiancée: request CLCCM from your embassy well in advance; some embassies (e.g., U.S., U.K.) issue only sworn affidavits.
- Appear at LCR, fill out Form No. 1, pay filing & license fees (₱350–₱500 typical).
- Wait 10 days for notice period; verify posting.
- Claim marriage license and ensure solemnization within 120 days.
- After the ceremony, monitor PSA registration: the solemnizing officer must transmit Certificate of Marriage (Form No. 3) to LCR within 15 days (30 days if abroad).
- Secure PSA marriage certificate 2–4 months later (online or walk‑in).
IX. Emerging Issues & Legislative Horizon (as of 2025)
- Civil Partnerships / Same‑Sex Unions: Several bills (e.g., House Bill No. 1015, Senate Bill No. 435) seek to create a gender‑neutral civil partnership regime, granting property, succession, and insurance rights. Deliberations ongoing.
- Digital Civil Registry: PSA is piloting blockchain‑secured e‑certificates; once fully rolled out, LCR document authentication may be electronic.
- Divorce Bill: The Absolute Divorce Act cleared House committee in February 2025; if enacted, it will provide a ground for dissolution beyond annulment and nullity.
- Online Solemnization: Extended during COVID‑19 under emergency ordinances; no permanent national framework yet. Couples must still appear physically as of this writing.
X. Conclusion
Compliance with Philippine marriage requirements hinges on (1) satisfying essential requisites—age, capacity, and consent; (2) observing formalities—authority, license, and ceremony; and (3) producing accurate civil registry documentation. Because violations can lead not merely to administrative inconvenience but to void marriages and criminal liability, parties—especially mixed‑nationality couples—should prepare documents early, consult local civil registrars for any LGU‑specific nuances, and, when in doubt, seek professional legal advice.
Prepared April 20 2025