Under the Family Code, there are certain marriages which are exempted from
requiring a marriage license for their validity. In lieu of a marriage license,
the law merely requires that the solemnizing officer shall state under oath
that he ascertained the qualification of the parties and found no legal
impediment to the marriage.
These
marriages are:
1.
Marriages in articulo mortis or at the point of death (Art. 27,
FC);
2.
Marriages in remote places (Art. 28, FC);
3.
Marriages between Muslims or among members of the ethnic cultural
communities (Art. 33, FC);
4.
Legal ratification of marital cohabitation (Art. 34, FC);
5.
Marriages solemnized outside the Philippines where no marriage license is
required by the country where it was solemnized.
In
order that a ship captain, airplane pilot or a military commander of a unit may
solemnize a marriage, what requisites must concur?
In
order that a ship captain or airplane chief may solemnize a marriage, the
following requisites must concur:
1. The
marriages must be in articulo mortis; and
2. It must be solemnized
while the ship is at sea or the plane is in flight or during stopovers at ports
of call (Art. 31, FC)
In the
case of a commanding officer of an army unit, it is essential that the following
requisites must concur:
1. The
marriages must be in articulo mortis;
2. The
military commander must be a commissioned officer; and
3. It
must be solemnized within the zone of military operations (Art. 32, FC)
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