Letter to an Attorney
Dear Attorney,
Good day! My fiancé and I have been living together as husband and wife for five years without the benefit of a marriage license. We are planning to get married soon and are wondering if we can use Article 34 of the Family Code to forego obtaining a marriage license. Can we invoke this provision before our wedding? We would greatly appreciate your guidance regarding the applicability and requirements of Article 34.
Sincerely,
A Concerned Couple
Comprehensive Analysis of Article 34 of the Family Code
Article 34 of the Family Code of the Philippines provides a unique exemption from the general requirement of securing a marriage license before contracting marriage. This article 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."
This provision seeks to simplify the process for couples who have established a stable, long-term partnership akin to marriage, thus encouraging the formalization of their union. However, the application of Article 34 is not as straightforward as it may seem. Below is a detailed discussion of its elements, limitations, and practical implications.
1. Essential Elements for Invoking Article 34
To successfully use Article 34 to waive the marriage license requirement, the following conditions must be met:
a. Cohabitation for at Least Five Years
The couple must have lived together as husband and wife continuously for at least five years before the marriage. Cohabitation implies a relationship characterized by permanence and exclusivity, resembling the bonds of matrimony.
b. No Legal Impediment to Marry
Both parties must be legally free to marry each other at the time of the wedding. This means they must not be married to anyone else, and there should be no subsisting legal barriers, such as consanguinity, affinity, or minority.
c. Affidavit of Cohabitation
The parties must execute a sworn affidavit affirming that they have cohabitated for at least five years without any legal impediment to their marriage. This document must be notarized and submitted to the solemnizing officer.
d. Solemnizing Officer’s Duty to Verify
The solemnizing officer (e.g., a judge, priest, imam, or pastor authorized to solemnize marriages) must ascertain the truthfulness of the couple’s affidavit and confirm the absence of legal impediments.
2. Legal and Practical Challenges
While Article 34 appears straightforward, its application is often fraught with challenges. Below are the critical issues that couples may encounter:
a. Continuous Cohabitation
Philippine jurisprudence requires that the five-year cohabitation must be continuous and uninterrupted. Occasional separations or prolonged absences could undermine the claim. The Supreme Court has ruled that sporadic cohabitation does not satisfy the requirement of Article 34.
b. Proof of Cohabitation
Courts or authorities may require proof of cohabitation, such as shared bills, rental agreements, or affidavits from witnesses. Couples without substantial evidence may face difficulties substantiating their claim.
c. Fraudulent Claims
Falsely declaring five years of cohabitation or the absence of legal impediments can lead to criminal liability for perjury. Moreover, any marriage solemnized under fraudulent circumstances is voidable and subject to annulment.
d. Role of the Solemnizing Officer
Solemnizing officers are obligated to rigorously verify the couple’s compliance with Article 34. Failure to do so may expose the officer to administrative or criminal penalties. Some officers may be reluctant to perform a marriage under Article 34 due to concerns about potential liability.
3. Comparison with General Marriage License Requirements
The general rule under the Family Code mandates securing a marriage license. This process involves submitting documents such as birth certificates, certificates of no marriage (CENOMAR), and attending a pre-marriage seminar. While more time-consuming, obtaining a license provides robust documentation that could protect the validity of the marriage against future disputes.
Article 34 provides a simpler alternative but carries risks, particularly if there are discrepancies in the affidavit or doubts about the couple’s eligibility.
4. Case Law and Jurisprudence
The Supreme Court has issued rulings clarifying the application of Article 34. For instance:
Republic v. Court of Appeals and Castro (2000): The Court emphasized that the five-year cohabitation must be continuous and without interruptions. Mere occasional cohabitation does not suffice.
Ninal v. Badayog (2000): The Court annulled a marriage contracted under Article 34 where the parties falsely declared their cohabitation period.
These cases illustrate the courts’ strict adherence to the requirements of Article 34 and underscore the importance of truthful affidavits.
5. Practical Recommendations
For couples considering the use of Article 34, the following steps are advised:
a. Consult a Legal Expert
Seek the assistance of a lawyer to assess your eligibility under Article 34. Legal counsel can help prepare a properly executed affidavit of cohabitation and advise on additional documentation to support your claim.
b. Gather Evidence
Compile evidence of your cohabitation, such as utility bills, joint bank accounts, or affidavits from neighbors or community leaders.
c. Choose a Reliable Solemnizing Officer
Select a solemnizing officer who is familiar with Article 34 and willing to verify your compliance with its requirements.
d. Understand the Risks
Be aware of the potential consequences of non-compliance, including the risk of having your marriage declared void or facing legal penalties for perjury.
6. Alternative Options
If there is any doubt about eligibility under Article 34, it may be safer to obtain a marriage license through the standard procedure. While more labor-intensive, this process provides greater legal security and minimizes the risk of invalidation.
Conclusion
Article 34 of the Family Code offers a convenient avenue for couples who have cohabitated for at least five years and wish to formalize their union. However, its strict requirements and potential pitfalls necessitate careful compliance. Before proceeding, couples should consult a lawyer to ensure their eligibility and to safeguard the validity of their marriage.
For couples like you and your fiancé, meticulous preparation and adherence to legal procedures will ensure a smooth and legally sound wedding.