Rule 40. – Marriage
Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. it is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and subject to stipulation, excerpt that marriage settlements may fix the property relationship during the marriage within the limits provided by this Code.
Rule 41. Reglementary Period and Place of Registration
In ordinary marriage, the time for submission of the certificate of Marriage is within fifteen (15) days following the solemnization of marriage while in marriage exempt from license requirement, the prescribed period (30) days, at the place where the marriage was solemnized.
Rule 42. Person Responsible to Report the Event
Solemnizing officer has the duty to report the marriage to the office of the Civil Registrar where the marriage was solemnized.
Procedure for application of Marriage License:
- Determine whether one or both of the contracting parties are residents of the city.
- Applicants accomplished Application of Marriage License.
- Original or certified true copies of Birth certificate.
- Proof of termination of previous marriage, if any.
- Applicant 18-21 years of age-consent in writing by the father/mother/surviving parent/guardian, in the order mentioned, who must appear in person to the City Civil Registrar.
- Applicant between the ages 21-25 years old – advice upon the intended marriage must be given by the father, mother or guardian of applicant.
- Certification of the contracting parties have undergone marriage counseling
- Notice of the application for marriage license should be posted for 10 consecutive days in a bulletin board.
- Payment of license fee as provided in the local tax code of the local government unit.
- Issue the Marriage License to the contracting parties upon compliance with all the legal requirements. The Marriage License is valid for 120 days from the date of issuance.
Application for Marriage License where one of the contracting parties is a foreigner.
- Require proof that the Filipino applicant is a resident of your city of municipality.
- Certificate of legal capacity to contract marriage to be issued by the consulate of the foreign applicant’s country in the Philippines.
- In case of previous marriage dissolved by divorce, a copy of Divorce Certificate issued by the consulate of his country.
Issue the marriage license in the presence of the contracting parties after the completion for marriage license.