CHAPTER 1 Requisites
of Marriage
Article 60. The local civil registrar, upon
receiving such application, shall require the exhibition of the original
baptismal or birth certificates of the contracting parties or copies of such
documents duly attested by the persons having custody of the originals. These
certificates or certified copies of the documents required by this article need
not to be sworn to and shall be exempt from the documentary stamp tax. The
signature and official title of the person issuing the certificate shall be
sufficient proof of its authenticity.
If either of
the contracting parties is unable to produce his baptismal or birth certificate
or a certified copy of either because of the destruction or loss of the
original, or if it is shown by an affidavit of such party or of any other
person that such baptismal or birth certificate has not yet been received
though the same has been requested of the person having custody thereof at
least fifteen days prior to the date of the application, such party may furnish
in lieu thereof his residence certificate for the current year or any previous
years, to show the age stated in his application or, in the absence thereof, an
instrument drawn up and sworn to before the local civil registrar concerned or
any public official authorized to solemnize marriage. Such instrument shall
contain the sworn declaration of two witnesses, of lawful age, of either sex,
setting forth the full name, profession, and residence of such contracting
party and of his or her parents, if known, and the place and date of birth of
such party. The nearest of kin of the contracting parties shall be preferred as
witnesses, and in their default, persons well known in the province or the
locality for their honesty and good repute. The exhibition of baptismal or
birth certificates shall not be required if the parents of the contracting
parties appear personally before the local civil registrar concerned and swear
to the correctness of the lawful age of said parties, as stated in the
application, or when the local civil registrar shall, by merely looking at the
applicants upon their personally appearing before him, be convinced that either
or both of them have the required age.
Article 61.
In case either of the contracting parties is a widowed or divorced person, the
same shall be required to furnish, instead of the baptismal or birth
certificate required in the last preceding article, the death certificate of
the deceased spouse or the decree of the divorce court, as the case may be. In
case the death certificate cannot be found, the party shall make an affidavit
setting forth this circumstance and his or her actual civil status and the name
and the date of the death of the deceased spouse. In case either or both of the
contracting parties, being neither widowed nor divorced, are less than twenty
years of age as regards the male and less than eighteen years as regards the female,
they shall, in addition to the requirements of the preceding articles, exhibit
to the local civil registrar, the consent to their marriage, of their father,
mother or guardian, or persons having legal charge of them, in the order
mentioned. Such consent shall be in writing, under oath taken with the
appearance of the interested parties before the proper local civil registrar 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. (9a)
Article 62. Males above twenty but under twenty-five
years of age, or females above eighteen but under twenty-three years of age,
shall be obliged to ask their parents or guardian for advice upon the intended
marriage. If they do not obtain such advice, or if it be unfavorable, the
marriage shall not take place till after three months following the completion
of the publication of the application for marriage license. A sworn statement
by the contracting parties to the effect that such advice has been sought,
together with the written advice given, if any, shall accompany the application
for marriage license. Should the parents or guardian refuse to give any advice,
this fact shall be stated in the sworn declaration. (n)
Article63. The local
civil registrar shall post during ten consecutive days at the main door of the
building where he has his office a notice, the location of which shall not be
changed once it has been placed, setting forth the full names and domiciles of
the applicants for a marriage license and other information given in the
application. This notice shall request all persons having knowledge of any
impediment to the marriage to advise the local registrar thereof. The license
shall be issued after the completion of the publication, unless the local civil
registrar receives information upon any alleged impediment to the marriage.
(10a)
Article64. Upon being advised of any alleged
impediment to the marriage, the local civil registrar shall forthwith make an
investigation, examining persons under oath. If he is convicted that there is
an impediment to the marriage, it shall be his duty to withhold the marriage
license, unless he is otherwise ordered by a competent court. (n
Walang komento:
Mag-post ng isang Komento