Letter to Attorney:

Dear Attorney,

I hope this letter finds you well. I am writing to seek your guidance on a personal concern regarding my upcoming marriage registration process. One of the requirements is to provide my parents' marriage contract. However, my parents were never married. I am already 33 years old and unsure how to address this issue, as I cannot submit a document that does not exist.

Could you kindly advise me on how to proceed in this situation? Specifically, I would like to know if there are any alternative documents or processes I should follow to comply with the requirements for marriage registration. Your assistance would be greatly appreciated.

Thank you for your time and expertise.

Sincerely,
A Concerned Individual

Legal Analysis: Requirements for Marriage Registration When Parents Are Not Married in the Philippines

In the Philippines, marriage is a solemn contract governed by stringent legal requirements under the Family Code of the Philippines. When a person applies for a marriage license, they are often required to submit various supporting documents. Among these is the marriage certificate of the applicant’s parents, which serves as evidence of legitimate parentage and compliance with procedural requirements. However, not all individuals are in a position to provide this document, particularly when their parents were never married.

Legal Framework for Marriage License Requirements

Under Article 11 of the Family Code, a marriage license is a mandatory prerequisite for marriage, except in specific circumstances such as customary marriages among indigenous cultural communities or marriages conducted under exceptional situations (e.g., where both parties are dying).

Article 12 of the Family Code outlines the specific documents required for a marriage license application. These include:

A certified true copy or transcript of the birth certificate or baptismal certificate.
A certificate of no marriage record (CENOMAR).
Parental consent (if the applicant is aged 18 to 21) or parental advice (if aged 22 to 25).
Parents’ marriage contract, if available.

While the marriage contract of parents is commonly required, the Family Code does not explicitly state what to do in cases where this document is unavailable due to the parents not being married.

Alternative Documents and Solutions

For individuals whose parents are not married, the Philippine legal system provides flexibility, as administrative authorities recognize the diverse familial structures in society. Here are steps and options for addressing the absence of a parental marriage contract:

Submission of a Sworn Affidavit
The applicant may submit a Sworn Affidavit of Solemn Fact explaining the nonexistence of a marriage contract between their parents. This affidavit should include:
- Full names of the parents.
- A clear statement confirming that no marriage occurred between them.
- An explanation of why the marriage certificate cannot be produced (e.g., the parents were never legally married or the record does not exist).
The affidavit must be notarized and submitted alongside other required documents. Local civil registrars typically accept this document as a valid alternative.
Birth Certificate as a Supporting Document
The birth certificate of the applicant is often used to establish the parentage of the individual. In cases where the parents were not married, the birth certificate might reflect the name of only one parent or indicate that the child is illegitimate (e.g., by leaving the father’s name blank). This document can help validate the applicant’s claim and should be submitted along with the sworn affidavit.
Legal Recognition of Illegitimacy
Under Article 165 of the Family Code, a child born to parents who are not legally married is considered illegitimate unless their parents subsequently marry or other legal processes apply. While illegitimacy does not bar an individual from getting married, it underscores the need to establish the absence of a marriage certificate in cases like yours.
Consultation with the Local Civil Registrar
Before submitting the application, consult the local civil registrar where the marriage license is being processed. Registrars often have guidelines for handling similar situations. They may request additional documents, such as a certificate of no marriage record (CENOMAR) for the parents, to confirm their marital status.

Special Cases and Exceptions

In some cases, the applicant may not even be aware of their parents’ marital status. If the parents are estranged or deceased, this could complicate the process further. Here’s how to approach these scenarios:

Parents Are Deceased
If both parents are deceased and their marital status is unknown, the applicant may request a search of the National Civil Registry for a marriage record. If no record is found, a Certificate of No Record can be issued. This document can serve as evidence of the absence of a marriage contract.
Parents’ Marital Status Cannot Be Verified
In cases where the parents’ marital status is ambiguous or disputed, the local civil registrar may request a judicial affidavit explaining the situation. The applicant may also present a CENOMAR for both parents as supporting evidence.

Legal Doctrine on Marriage and Illegitimacy

The absence of a parental marriage contract does not impair the validity of an individual’s marriage application. This principle is consistent with the Family Code’s stance that every individual has the right to marry, subject only to the law’s procedural requirements. Furthermore, Philippine jurisprudence emphasizes the non-discrimination of illegitimate children in their personal rights, including the right to marry.

Administrative and Judicial Remedies

Should a local civil registrar refuse to accept an alternative document in lieu of a parental marriage certificate, the applicant has recourse to:

File an Appeal with the Office of the Civil Registrar General (OCRG).
Petition the Court for an order compelling the registrar to accept alternative documentation.

Practical Considerations

As marriage registration involves coordination with local authorities, applicants should prepare for potential delays or additional requirements. Proactively communicating with the local civil registrar and providing complete, accurate documentation will minimize complications.

Conclusion

In summary, the absence of a parental marriage contract does not prevent an individual from obtaining a marriage license in the Philippines. By submitting alternative documents, such as a sworn affidavit, birth certificate, or CENOMAR, applicants can comply with the procedural requirements for marriage registration. Local civil registrars are empowered to accept these substitutes, ensuring that individuals from diverse familial backgrounds are not unduly burdened.

If additional concerns or complexities arise, consulting a legal expert is recommended to safeguard your rights and streamline the process.