Text of the provision
Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the previous marriage was dissolved or annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother; and
(10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years.
The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license.
(59a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Article 11 requires each party to file separately a sworn application for a marriage license, specifying ten particulars: full name, place of birth, age and date of birth, civil status, the disposition of any previous marriage, present residence and citizenship, degree of relationship to the other party, and the full name, residence and citizenship of the father, the mother, and (where the applicant is under twenty-one with neither parent living) the guardian or person having charge.
Filing separately, rather than jointly, lets the registrar cross-check each party's account of the same facts — particularly the degree of relationship, which bears directly on the incestuous and public-policy impediments in Articles 37 and 38. A closing sentence removes one bureaucratic hurdle: applicants need not produce residence certificates as part of the application.
Related provisions
- Article 9 — the registrar with whom this application is filed.
- Article 13 — the death certificate or judicial decree a previously married applicant must furnish to support item (5).
- Article 14 — the added parental-consent requirement for applicants aged eighteen to twenty-one.
Cases interpreting this article
- Authorities on the Article 11 application requirements will be added here as each is verified against primary sources.