Dear PAO,
My husband and I got married in 2016, but every time I attempt to get a copy of our marriage certificate from the PSA, no such record is reflected therein. I want to know if our marriage is valid.
Nerissa
Dear Nerissa,
Please be informed that Articles 2, 3 and 4 of Executive Order 209, s. 1987, otherwise known as “The Family Code of the Philippines,” provide:
“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.
“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.
“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 not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.”
Relatedly, the Supreme Court ruled in the case of Veronico Tenebro v. The Honorable Court of Appeals, GR 150758, Feb. 18, 2004, Ponente: Associate Justice Consuelo Ynares-Santiago, that:
“… Documentary evidence as to the absence of a record is quite different from documentary evidence as to the absence of a marriage ceremony, or documentary evidence as to the invalidity of the marriage between Tenebro and Villareyes… xxx
“… there is absolutely no requirement in the law that a marriage contract needs to be submitted to the civil registrar as a condition precedent for the validity of a marriage. The mere fact that no record of a marriage exists does not invalidate the marriage, provided all requisites for its validity are present…xxx”
Further, in the case of Balogbog v Hon. Court of Appeals, GR 83598 March 7, 1997, Ponente: Honorable Associate Justice Vicente Mendoza, the Supreme Court declared that:
“… Indeed, although a marriage contract is considered primary evidence of marriage, the failure to present it is not proof that no marriage took place. Other evidence may be presented to prove marriage.”
Pursuant to the aforementioned provisions of the law and the pertinent decisions of the Honorable Supreme Court, the validity of a marriage depends upon the presence of the essential and formal requisites therefor, as established under the law. A non-registration, or lack of record of a marriage certificate in the register of the Philippine Statistics Authority (PSA), does not invalidate an otherwise valid marriage. Such recording is not one of the essential or formal requirements of a legitimate marriage. As long as all the essential and formal requisites of a valid marriage are present, it shall remain valid unless the court decrees otherwise. In your case, you may present other competent evidence to prove the existence and validity of your marriage if no such record appears in the register of the PSA. You may also file for late registration of your marriage so that next time you apply for a marriage contract, the PSA would find a record of your marriage, albeit belatedly registered.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
