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GIRLTALK

Author Topic: VALID ba ang Marriage w/o License?  (Read 8373 times)

momentum

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VALID ba ang Marriage w/o License?
« on: December 15, 2011, 11:52:07 AM »
I just looked at my marriage certificate and under the License part, walang license.
Nag civil wedding kame last 2009 and we just did it sa office beside the Municipal hall of Las Pinas.

Valid ba marriage namin? i can't recall the exact words na nakalagay dun sa marriage certificate under the license, will look for it.
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moonie

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Re: VALID ba ang Marriage w/o License?
« Reply #1 on: December 16, 2011, 11:38:08 PM »
GEneral rule: No.  There are just a few exceptions under the law where marriage is allowed without a license.  Maybe you fall under one of them.

Why don't you ask your husband if he got the marriage license?  Sino ba ang nagkasal sa inyo: pari/pastor, mayor o huwes?  Usually, pag sa tabi-tabi lang yung kasal (tabi ng city hall, tabi ng hall of justice), negosyo yon ng mga pastor kuno na nagkakasal ng mabilisan tapos sila na mag-aayos ng documents.  For a fee, of course.  Tapos lalabas sa marriage certificate, na kinasal kayo in at a time and place other than in where your marriage actually took place.

momentum

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Re: VALID ba ang Marriage w/o License?
« Reply #2 on: December 19, 2011, 06:47:52 AM »
^thanks for your reply sis.
my hubby never got a marriage license. and it was sa huwes, in an office inside the perimeter of the city hall. same lang naman nakalagay sa time and place sa certificate, it wasn't in a different place.
----♣ Get Busy Living, or Get Busy Dying ♣----

moonie

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Re: VALID ba ang Marriage w/o License?
« Reply #3 on: December 19, 2011, 10:52:42 AM »
Better check again kung totoong judge nga yon sis.  Judges usually conduct marriages in their office unless the court offices are also in the city hall.  And judges always check if you have a marriage license, hahanapin nila yon.  If he is, my guess is you fall under one of the exceptions to the marriage license requirement.  Nagsasama na ba kayo ng asawa mo for several years before you were married?  Isa sa mga exceptions yon.

momentum

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Re: VALID ba ang Marriage w/o License?
« Reply #4 on: December 19, 2011, 11:49:15 AM »
months lang kami nagsama before kami kinasal.
i will look for the certificate later and post tomorrow ano nakalagay dun.
maybe nga we are one of the exemptions.
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spicy_angel

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Re: VALID ba ang Marriage w/o License?
« Reply #5 on: December 20, 2011, 06:40:54 AM »
Sis, your marriage is exempt from the license requirement is if:

a. either or both the contacting parties are at the point of death
b. if the residence of either party is located that there is no means of transpo to enable such party to appear personally before the local civil registrar
c. marriage is among Muslims or among members of the ethnic community
d. you and your husband have lived together as husband and wife for at least 5 years together[/li][/list]
« Last Edit: December 20, 2011, 06:43:22 AM by spicy_angel »

spicy_angel

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Re: VALID ba ang Marriage w/o License?
« Reply #6 on: December 20, 2011, 06:45:35 AM »
And Art 35 of the Family Code of the Philippines states that:

The following marriages shall be void from the beginning:

xxx (3) Those solemnized without a license, except those covered by the preceding Chapter: xxx

angelica15

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Re: VALID ba ang Marriage w/o License?
« Reply #7 on: January 24, 2012, 09:28:22 PM »
Hi ask ko lang po if valid ba un kasal if walang marriage w/o license? mgpapaksal sana kasi kami ng bf ko this year akala niya kasi ndi valid un kasal nia sa asawa nia..nun Kumuha kami cenomar married nakalagay sa kanya..awwwts! pero wala nman marriage license na nakalagay sa marriage certificate nia.. eversince kasi single gamit nia kahit anong documents nia single xia and un asawa nia din na ex nia is single din un gamit sa lahat..my anak sila pero under sa surname nun babae ndi sa bf ko..help nman po..

waiting for rply po.

THanks

moonie

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Re: VALID ba ang Marriage w/o License?
« Reply #8 on: January 26, 2012, 01:14:59 AM »
Valid or hindi, kailangan niya pa ring dumulog sa korte para makakuha ng annulment or declaration of nullity ng kasal niya.  Pagwala nun hindi siya makakapagpakasal sa iyo.  If you get married pwede kayong makasuhan ng bigamy at magiging illegitimate ang magiging anak ninyo.

angelica15

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Re: VALID ba ang Marriage w/o License?
« Reply #9 on: January 26, 2012, 03:07:43 PM »
So my chance po na void un kasal nila? bigamy po ang case kung magreklamo yung babae? pag hindi nagreklamo yung babae wala po bang case yun? kung sakali po pa void yung kasal nila mga mgkano po kaya magagastos? at kung annulment po magkano din?  para mapaghandaan po namin..


salamat po nang marami..

kaycee0307

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Re: VALID ba ang Marriage w/o License?
« Reply #10 on: January 30, 2012, 03:59:24 PM »
valid po ba ang kasal

may license pero  ayun nga halimbawa kinasal sa manila city hall pero ang nakalagay sa marriage cert  san juan city?

brattinella

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Re: VALID ba ang Marriage w/o License?
« Reply #11 on: January 30, 2012, 04:49:46 PM »
Art. 2. No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45. (n)

An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n

Family Code of the Philippines

moonie

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Re: VALID ba ang Marriage w/o License?
« Reply #12 on: January 30, 2012, 09:50:46 PM »
@angelica15
I think there's a thread here by gtalkers who are trying to get an annulment.  You can get an idea there about the process and the expenses.  I urge you not to get married until na-annul or declared void yung kasal ng bf mo. 

momentum

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Re: VALID ba ang Marriage w/o License?
« Reply #13 on: January 31, 2012, 06:24:26 AM »
mga sis, parang wala sa mga conditions that you mentioned yung nasa marriage certificate ko.
naka X lang sa box dun at nakalagay na "this marriage didn't need a license according to Article 54..."

I cannot seem to find copies of my marriage certificate na, magkukuha uli ako sa NSO para malagay ko yung complete statement dito.
----♣ Get Busy Living, or Get Busy Dying ♣----

brattinella

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Re: VALID ba ang Marriage w/o License?
« Reply #14 on: January 31, 2012, 08:33:08 AM »
^ Chapter 2. Marriages Exempted from License Requirement

Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)

Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a)

Art. 29. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage. (72a)

Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a)

Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a)

Art. 32. A military commander of a unit, who is a 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. (74a)

Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a)

Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. (76a)

momentum

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Re: VALID ba ang Marriage w/o License?
« Reply #15 on: January 31, 2012, 08:37:37 AM »
^ sis non of the above applies to both of us ni hubby(ex).
yoko na tanungin si MIL how she arranged it, kasi we are not in good terms.
pano kaya ito, hays

thanks sis for your help :)
----♣ Get Busy Living, or Get Busy Dying ♣----

moonie

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Re: VALID ba ang Marriage w/o License?
« Reply #16 on: January 31, 2012, 12:39:32 PM »
^malamang Art 34 yun hindi Art 54. 

Sis, pustahan hindi huwes ang nagkasal sa inyo.  Maraming hustlers na umaaligid sa perimeter ng city halls.  Pinagkakaperahan ang mga gustong magpakasal.  On paper pinapalabas na exempted sa marriage license requirement para magkaroon ng instant kasal.

Bakit?  May plano ka bang magpa-void ng kasal mo?

momentum

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Re: VALID ba ang Marriage w/o License?
« Reply #17 on: January 31, 2012, 12:55:17 PM »
^ sis oo gusto ko i-void  :-X

sa loob kami mismo ng city hall eh, may office dun, may "judge" kumbaga tapos may picture taking pa na ngyari. clueless ako kasi si MIL yung ngarrange nun at nagbayad, mga 3K ata, di ko na maalala, 2009 pa yun. paano ko kaya malalaman sis kung void ito?
----♣ Get Busy Living, or Get Busy Dying ♣----

brattinella

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Re: VALID ba ang Marriage w/o License?
« Reply #18 on: January 31, 2012, 12:59:20 PM »
^ Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45. (n)

An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n

Check out Chapter 3 (Void and Voidable Marriages) sis  ;)

http://www.weddingsatwork.com/culture_laws_familycode01.shtml
Family Code of the Philippines
« Last Edit: January 31, 2012, 01:02:20 PM by brattinella »

momentum

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Re: VALID ba ang Marriage w/o License?
« Reply #19 on: January 31, 2012, 01:04:35 PM »
^ thanks sis
ang lalim, di ko masyadong maabsorb hehe  :-X
try ko magpatulong kay mama. sana talaga ma-void ito para wala ng annulment
----♣ Get Busy Living, or Get Busy Dying ♣----

 

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