YES. Marriage license as one of the formal requisites of a valid marriage has actually an expiration date. Article 20 of the Family Code states:
“Art. 20. The license shall be valid in any part of the Philippines for a period of one hundred twenty (120) days from the date of issue, and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters on the face of every license issued.”
Any solemnizing officer who solemnizes a marriage as well as the parties thereto knowing that the license has expired may be held criminally liable UNDER Article 350 of The Revised Penal Code.
Marriage license gives the solemnizing officer the authority to solemnize marriage and the absence of it renders the marriage void ab initio or void from the very beginning. EXCEPT in cases of: (Arts. 27,28,29 &34)
1. Marriage in Articulo Mortis (at the point of death);
2. Marriage in Remote Place; and
3. Cohabitation for 5years – provided their act of living together must be characterized by exclusivity & continuity and that they must have had no legal impediment to marry one another.
The recent proposal of the women’s party-list group 1-Ako Babaeng Astig Aasenso (1-ABAA) that marriage license should have a 10-year-validity otherwise the marriage shall be automatically null and void is absolutely irrational.
Because marriage license is not itself marriage. Marriage per se is a special contract. How does it differ from any other ordinary contract?
1. The failure to sign the marriage contract will NOT affect the validity of marriage as held in the case of Loria vs. Felix, 5 O.G. 8114.
2. It has NO duration. It is permanent in nature. The parties cannot simply terminate it without legitimate grounds. Philippine jurisprudence contemplates that any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution.
3. It is the law that has the sovereign authority over the marital conflicts and obligations thus, the parties cannot stipulate the terms and conditions except the property relationships e.g. Pre-nuptial Agreement, etc.
4. Husband and Wife are obliged: (Art. 68)
- to live together;
- to observe mutual love, respect and fidelity; and
- to render mutual help and support.
5. The two parties become ONE flesh; One entity.
Genesis 2:24-25:
“24 For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh. 25 The man and his wife were both naked, and they felt no shame.’
According to our Rev. Butch Conde, God has given us the best example of marriage through the marriage of Joseph and Mary. (Luke 1:26-38) Their marriage is:
1. a covenant, a commitment to God’s purpose and plan,
- it is not just a feeling but a commitment to love a spouse eternally;
2. contract to life;
3. respect to parents;
4. commitment to the community; and
5. long-term relationship.
“KAILANGANG MAGING MAPILI, UPANG HINDI MAGKAMALI."
- Ms. Law
(Translation: It is necessary to be picky in order not to commit a great mistake.)
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