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ARTICLE 27-34MARRIAGES EXEMPT FROM LICENSE REQUIREMENT

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ARTICLE 27 -Talks about marriages in articulo mortis point of

death

-can be both or either of the parties

-remains valid even if one or both of the parties survives

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Who Can Perform Marriages in Articulo Mortis

Not only those enumerated in Article 31 and 32

A justice, a judge and other solemnizing officers can doso within their jurisdiction.

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Danger of Death Distinguished from Point of

Death

If a soldier is about to go to war, he may be in danger ofdeath, but not at the point of death; hence, amarriage in articulo mortis would not be applicable tohim

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CASES FOR ARTICLE 27

When No New Marriage Ceremony Is Needed

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Soriano v. Felix, L-9005, June 20, 1958).

A marriage remains valid even without need of a newmarriage ceremony if the ailing party survives.

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CASES FOR ARTICLE 27

Signature of Dying Party

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(Cruz v. Catandes, C.A., 39 O.G. No. 18, p.

324). In a marriage in articulo mortis, while it is advisable that a

witness to the marriage should sign the dying partys signature ifthe latter be physically unable to do so, still if upon order of the

solemnizing official, another person should so sign, the marriage

is still valid. The law as much as possible intends to give legaleffect to a marriage. As a matter of fact, no particular form fora marriage celebration is prescribed

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ARTICLE 28MARRIAGE IN A REMOTE PLACE:

q Area is located where there is no means oftransportation for either parties to appear personallybefore the local civil registrar

q There is no prescribed minimum or maximumdistance (unlike Art. 72 of Civil Code: habitualresidence of the female is more than 15 kilometersaway from municipal building)

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ARTICLE 28PURPOSE OF PROVISION:

q Avoid the proliferation of illicit relationships only because parties could not get amarried license

q Anchored on necessity and practicality

LIMITATION:

q Subject to provisions in Articles 2 (essential req.), 3 (formal req.), and 29(affidavit requirement)

q Must not fall under void marriages (Arts. 35, 36, 37, 38, 40, 41, 44 & 53)

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ARTICLE 29 AFFIDAVITEXECUTEDBYTHESOLEMNIZINGOFFICERBEFORETHE

LOCALCIVILREGISTRAR

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ARTICLE 29 CASES: LORIA V. FELIX, 55 O. G. 8118 SORIANOV. FELIX, L-9005, JUNE 20, 1958

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ARTICLE 30

The original of the affidavit required in the last

preceding article, together with the legible copy of themarriage contract, shall be sent by the personsolemnizing the marriage to the local civil registrar of the

municipality where it was performed within the period ofthirty days after the performance of the marriage.

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Article 31The Family Code of the Philippines

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Reason:Mainly anchored on

necessity and

practicality.

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Definition:Articulo Mortis

- at the point of death

Port of call/Port call- an intermediate port where ships/

aircrafts customarily stop forsupplies, repairs, or transshipment of

cargo

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Marriage may be solemnized by:- Ship captain while ship is at

sea and during stopovers at

ports of call- Airplane Pilot while plane is in

flight and during port call.

- Among passengers and crewmembers

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Article 32A military commander of a unit who commissioned officer,

shall likewise have authority to solemnize marriages in

ARTICULO MORTIS between persons within the zone of military

operation, whether members of the armed forces or civilians.

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Articulo MortisDefined as "at the point of death" or "in the moment of death"

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Comment: 1. Special Cases of Marriages in

ARTICULO MORTIS

a. Military commander, crew member, captain, airplanepilot

b.

A judge or a consul

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2. Re: Military Commander

A. must be a commissioned officer

B. marriage may be between civilians

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Article 33

Marriages among Muslim or among members of

the ethnic cultural communities may beperformed validly without the necessity of a

marriage license, provided that they are

solemnized in accordance with their customs,

rites or practices.

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Thus:No judicial notice can be taken of Mohammedan

rites and customs of marriage. They must bealleged and proved in court.

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ARTICLE 34No license shall be necessary for the

marriage of a man and a woman who have livedtogether as husband and wife for at least five

years and without any legal impediment to marryeach other. The contracting parties shall state

the foregoing facts in an affidavit before anyperson 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 legalimpediment to the marriage. (76a)

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Requisites:1. The contracting parties must have lived together ashusband and wife for at least five years before marriage

characterized by exclusivity and continuity that isunbroken;

2. No legal impediment of any kind must exist betweenthem;

3. The fact of absence of legal impediment between theparties must be present at the time of marriage;

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1. The parties must execute an affidavit statingthat they have lived together for at least five

years (and are without legal impediment to

marry each other);

2. The solemnizing officer must execute a swornstatement that he had ascertained thequalifications of the parties and that he hadfound no legal impediment to their marriage.

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Legal impediment, meaning Refers to any possible ground or basis under the Family

Code, including non-age and the status of being alreadymarried among others, to make a marriage infirm.

NOTE:

Presence or absence of such legal impediment shouldonly be considered at the time of the celebration of the

marriage ceremony.

Failure of the solemnizing officer to investigate shallnot invalidate the marriage.

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Reason for the Article The publicity attending the marriage license may

discourage such persons from legalizing their

status. (Report of the Code Com, p. 80)

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Marriage Law of 1929 Under the Marriage Law of 1929, any officer, priest or

minister who, having solemnized a marriage in articulomortis or any marriage of an exceptional character,

shall fail to comply with the provisions of Chapter II ofthis Act (now Chapter 2, Title I of the Family Code),

shall be punished by imprisonment for not less than onemonth nor more than two years, or by a fine of not lessthan three hundred pesos nor more than two thousand

pesos, or both, in the discretion of the court.

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CASE

Cohabitation for five (5) years; falsified.

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De Castro vs Assidao-De Castro, G.R. No.160172, February 13, 2008, 545 SCRA 162

The Supreme Court ruled the nullity of a marriage on theground of absence of a valid marriage license upon evidencethat there was in fact no cohabitation for five years contrary

to the statements in the falsified affidavit executed by theparties. The falsity of the affidavit cannot be considered to

be a mere irregularity considering that the five-year period isa substantial requirement of the law to be exempted fromobtaining a marriage license.

(see also Republic v Dayot, G.R. No. 175581, March 28, 2008,550 SCRA 435)

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CASE

No Legal Impediment to marry.

Article 76 of the Civil Code vis-a-vis Article 34

of the Family Code

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Nial vs Bayadog, G.R. No. 133778, March 14,

2000, 328 SCRA 122)-ARTICLE 76

The Supreme Court held that the cohabitation for fiveyears under Article 34 should be in the nature of aperfect union that is valid under the law but rendered

imperfect only by the absence of the marriage license.Since the husband had a subsisting marriage at the time

he started cohabitating with the respondent, suchcohabitation cannot be "husband and wife" and theywere not, therefore, exempt from a marriage license

when they got married.

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Manzano vs Sanchez, AM No. MTJ OO-1329,

March 8, 2001-ARTICLE 34

Under Article 34 of the Family Code, however, as longas there is no legal impediment at the time of the

marriage ceremony, the parties can avail of theexception.

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CASE

Other cases on no legal impediment to marry; failure ofthe solemnizing officer to investigate:

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Cosca vs Palaypayon, 55 SCAD 759, 237 SCRA

249

Where a judge solemnize a marriage involving a party whowas only 18 years of age without a marriage license on thebasis of an affidavit where the parties indicated that theylived together as husband and wife for six years already, the

Supreme Court held that the judge acted improperly becausehe should have conducted first an investigation as to thequalification of the parties. The judge should have alertedthe fact that the child was 18 years old at the time of themarriage ceremony, which means that the parties startedliving together when the 18-year old was barely 13 years ofage. There was a propbability that the affidavit was forged.Nevertheless, the Supreme Court did not state that themarriage was void because clearly at the time of themarriage ceremony, the parties had no legal impediment tomarry.