Text of the provision
Art. 9. A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title
(58a)
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 9 fixes which local civil registrar may issue a marriage license: the registrar of the city or municipality where either contracting party habitually resides — not necessarily where the wedding itself will take place. This does not apply to marriages exempt from the license requirement under Chapter 2 (articulo mortis, remote residence, Muslim and ethnic-community customs, and five years' cohabitation), which need no license from any registrar at all.
Because either party's residence will do, couples from different cities or municipalities have a choice of registrar, so long as the application also satisfies the residency-based documentary requirements in the articles that follow.
Related provisions
- Article 11 — the sworn application filed with this registrar.
- Article 13 — additional proof required where a party was previously married.
- Article 18 — how the registrar handles a known impediment.
Cases interpreting this article
- Authorities on the Article 9 residency rule for license issuance will be added here as each is verified against primary sources.