Question: What is the Process for Obtaining Documents Related to Article 34 for Marriage in the Philippines?

Answer:

In the context of Philippine law, Article 34 refers to a provision in the Family Code of the Philippines that deals with "Void Marriages." Specifically, Article 34 states that "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." Essentially, this article allows couples who meet certain criteria to marry without the need for a marriage license.

If you're planning to marry under the provisions of Article 34 of the Family Code, here's a step-by-step guide to the process:

1. Determine Eligibility:

To avail of Article 34, you and your partner must meet the following criteria:
- You have lived together as husband and wife for at least five years.
- You have no legal impediment to marry each other (e.g., neither of you is already married to someone else).

2. Prepare Necessary Documents:

Gather the required documents to support your application. These typically include:
- Joint Affidavit of Cohabitation: Both parties must sign this affidavit, affirming that you have lived together for at least five years as husband and wife.
- Certificate of No Marriage (CENOMAR): Obtain a CENOMAR from the Philippine Statistics Authority (PSA) to prove that neither of you is married.
- Valid IDs: Bring valid identification, such as passports or government-issued IDs, for both parties.

3. Secure an Appointment:

Contact the local civil registrar's office in the city or municipality where you intend to marry to schedule an appointment. It's essential to verify the specific requirements and procedures with the local civil registrar.

4. Attend Pre-marriage Counseling:

In some municipalities, pre-marriage counseling or seminars may be required. Check with the local civil registrar if this is a prerequisite for your area.

5. Apply for Marriage Under Article 34:

During your appointment at the local civil registrar's office, submit the Joint Affidavit of Cohabitation and other required documents.
Pay any necessary fees, which can vary by location.

6. Wait for Publication:

After submitting your documents, the local civil registrar will post a notice of your intention to marry. This publication typically lasts for ten consecutive days.

7. Obtain the Marriage License:

Once the publication period is completed without any legal objections, you can secure your marriage license from the local civil registrar.

8. Schedule the Wedding Ceremony:

Plan your wedding ceremony with a licensed solemnizing officer, such as a judge, priest, or minister. Ensure that your wedding date falls within 120 days from the date of the marriage license issuance, as this is the validity period of the license.

9. Get Married:

Proceed with your wedding ceremony as scheduled.

10. Register the Marriage:

- After the wedding, make sure to register your marriage with the local civil registrar where the ceremony took place.

It's important to note that while Article 34 allows couples to marry without a marriage license, there are specific legal requirements and procedures to follow. Consult with the local civil registrar's office in your area for precise guidance, as requirements and processes may vary slightly depending on the jurisdiction. Additionally, seeking legal advice from a lawyer or legal expert can help ensure that your marriage proceeds smoothly and is in full compliance with Philippine law.