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Family Code

Article 11
• Data that must be included in the application for the marriage license
1. Full name of the contracting party
2. Place of birth
3. Age and date of birth
4. Civil status
5. If previously married, how, when and where the previous marriage was dissolved
or annulled
6. Present residence and citizenship
7. Degree of relationship of the contracting parties
8. Full name, residence and citizenship of the father
9. Full name, residence and citizenship of the mother
10.Full name, residence and citizenship of the guardian or person having charge, in
case the contracting party has neither father nor mother and is under the age of
twenty-one years
• Applicants, parents or guardians shall not be required to exhibit their residence
certificates in any formality in connection with securing the marriage license
• Each of the contracting party is required to file separately with the proper local civil
registrar

Article 12
Rules by which the civil registrar shall determine as to whether the parties are of the
required age to marry
1. Require the presentation of the original birth certificate upon receiving the
application
a. If none, then baptismal certificate
b. Or copies of these documents duly attested by the persons having custody of
the originals
c. Signature and official title of the person issuing the certificate shall be
sufficient proof of authenticity
2. If either of contracting parties is unable to produce the birth or baptismal
certificates or a certified copy of either because:
a. destruction or loss of original,
b. such has not yet been received though already been required of the person
having custody thereof at least 15 days prior to the date of the application,
Then such party may furnish instead his/her current residence certificate or an
instrument drawn up and sworn to before the local civil registrar concerned or any
public official authorized to administer oaths. This instrument shall contain the
sworn declaration of two witnesses of legal age setting forth:
a. the full name, residence and citizenship of such contracting party
b. the full name, residence and citizenship of his or her parents, if known
c. Place and ate of birth of such party
For witnesses, the nearest of kin shall be preferred or in their default, persons of
good reputation in the province or the locality
3. Birth or baptismal certificate shall not be required
a. f the parents of the contracting parties appear personally before the local
civil registrar and swear to the correctness of the lawful age of said parties
b. or when the local civil registrar by merely looking at the applicants upon their
personal appearance before him is convinced that either or both of them
have the required age
Article 13
When either party had been previously married the following must be submitted in lieu of
the birth or baptismal certificates:
1. death certificate of the deceased spouse
2. OR judicial decree of the absolute divorce
3. OR the judicial decree of annulment
4. OR declaration of nullity of his or her previous marriage
In case the death certificate cannot be secured, the concerned party shall make an
affidavit setting forth this circumstance and his or her actual civil status and the name and
date of death of deceased spouse.

Article 14
Without the needed consent, marriage is voidable
1. If either of the contracting parties fall under the following qualifications:
a. Between 18-21 years
b. Have not yet been emancipated by a previous marriage
2. Then they need to exhibit to the local civil registrar, in addition to the requirements
already stated above, the consent to their marriage of their father, mother,
surviving parent, or guardian or persons having legal charge of them, in the order
mentioned.
3. Consent shall be
a. in writing, by the interested party, who personally appears before the proper
local civil registrar. The personal manifestation shall be recorded in both
applications for marriage license
b. OR in the form of an affidavit made in the presence of two witnesses and
attested before any official authorized by law to administer oaths. The
affidavit will be attached to the application

Article 15
Advice from parent/s or legal guardian required for Parties 21-25 years of age. If:
1. Parties do not obtain such advice
2. If advice is unfavorable
Then the marriage license shall not be issued UNTIL after three months FOLLOWING
the completion of the publication of the application.
A sworn statement by the contracting parties that such advice has been sought together
with the written advice, if any is given, shall be attached to the application for marriage
license
If parents or guardian refuse, this fact shall be stated in the sworn statement

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