A 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
EXPLANATORY NOTE 
Article 34 of the Family Code is intended to make it easy for couples who have actually 
cohabited as husband and wife for at least five (5) years to get married without the necessity of a 
marriage license. However, this article is open to abuse by some unscrupulous solemnizing 
officers because even 18-year olds may be legally married without securing a marriage license as 
long as they execute an affidavit of cohabitation. Here, we are made to believe that such couple 
have already lived as husband and wife even at the early age of 13 considering that the present 
law requires at least five years of cohabitation before such marriage. In most cases these young 
couples are guilty of perjury while the solemnizing officer is either ignorant, incompetent or 
simply negligent. 
The intent of this article is really to help couples who are old and responsible enough, 
usually with children born out of wedlock, to get married without going through the rigors of 
complying with the requisites for securing a marriage license. 
The provisions on parental consent under Article 14 and on parental advice under Article 
15 would be easily circumvented by young marriage applicants by simply availing of Article 34. 
Hence, there are several cases wherein 18 or 19 year olds have gotten married even without such 
consent or advice, as the case may be, while the parents are left helpless. Another provision of 
the Family Code on marriage counseling under Article 16 is rendered useless by the same Article 
34 even if the intent of the law is for the good of the young and immature couples between the 
ages of 18 and 25. 
Oftentimes, the Office of the Municipal Civil Registrar is being placed in a ridiculous if 
not useless position every time young couples avail of the provisions of said law. What is worse 
is when a 17-year old applicant for marriage comes to the Office to apply for a marriage license 
where he/she is denied for lack of legal capacity to marry. And yet, several minutes later, the 
couple would report back with a marriage certificate already accomplished under Article 34 and 
the impediment is already manipulated. All these could happen only under the present provisions 
of the said law because there are no safeguards against unscrupulous solemnizing officers. 
Hence, 23 is the recommended minimum age before would-be couples can avail of the 
provisions of Article 34 in the proposed amendment. This is because it shall be understood that 
such couples should have started cohabiting at the age of 18 which is the age of majority and not 
an impediment to contract marriage. Consequently, any offspring born out of wedlock could be 
legitimated by subsequent marriage under Article 177 of the Family Code. Moreover, it is 
believed that at 23 a person is already mature and responsible enough to go through married life 
even without the benefit of marriage counseling and it would be realistic enough to claim to have 
lived together as husband and wife for the last five years. Hence, the absence of parental consent 
or advice would be justified. 


With' the passage of this bill, it is hoped that all madage applicants aged 18 up to 22 
should necessarily secure their marriage license regardless of whether they have already 
cohabited prior to such application. 
Approval of this bill is highly recommended. 
MANUEL B. ILLAR, JR. 
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t 
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Be it enacted 
assembled: 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
I 
by the Senate and House of Representatives of the Philippines in Congress 
SENATE 
711 
.- . 
S. No. 
hereby amendid to read as follows: 
“Article 34. 
o license shall be necessary for the marriage of a man and woman who have lived 
together as husband and wife for at least 5 years and without any legal impediment to marry each 
other. The cqntracting parties shall state the foregoing facts in an affidavit before any person 
authorized by law to administer oaths: PROVIDED, THAT IN CASE EITHER OR BOTH 
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OF THE CONTRACTING PARTIES ARE BETWEEN THE AGES OF EIGHTEEN AND 
TWENTY-ONE, OR BETWEEN THE AGES OF TWENTY-ONE AND TWENTY-FIVE, 
THEY SHALL FURTHER STATE IN THE AFFIDAVIT THAT THEY COMPLIED 
WITH THE REQUIREMENTS ON PARENTAL CONSENT OR PARENTAL ADVICE 
PROVIDED FOR UNDER ARTICLE. 14 OR 15, AS THE CASE MAY BE. 
The 
solemnizing officer shall also state under oath that he ascertained the qualifications of the 
contracting parties and found no legal impediment to the marriage. 
x x x” 
SEC. 2. 
This Act shall take effect upon its approval. 
Approved,