Text of the provision
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)
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 27 opens the chapter of marriages exempt from the license requirement. Where either or both parties are at the point of death, the marriage may be solemnized without a license — and, notably, it remains valid even if the dying party later recovers.
This is the "articulo mortis" marriage referenced throughout the following articles: it dispenses with the license, but not with the other formal requisites, and it still requires the safeguards set out in Article 29.
Related provisions
- Article 28 — the parallel exemption where transportation is unavailable.
- Article 29 — the officer's affidavit required for both exemptions.
- Article 31 and Article 32 — who may solemnize an articulo mortis marriage at sea, in flight, or in a military zone.
Cases interpreting this article
- Authorities on the Article 27 articulo mortis exemption will be added here as each is verified against primary sources.