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.
Questions about this provision
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 citing this article
- Syed Azhar Abbas vs. Gloria Goo Abbas, G.R. No. 183896, January 30, 2013 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.