The Marriage Law
The Marriage Law of the Philippines, enacted on December 4, 1929, outlines the requirements and regulations surrounding marriage. It defines essential terms, such as the meaning of a church and the criteria for habitual residence for brides. The law establishes penalties for various infractions, including unlawful issuance of marriage licenses, illegal solemnization of marriages, and improper conduct by officials and religious ministers. Additionally, it provides for the disqualification of those convicted of violating its provisions from performing marriage ceremonies. The act repeals previous inconsistent laws and took effect six months after approval.
December 4, 1929
ACT NO. 3613, AS AMENDED
THE MARRIAGE LAW
PRELIMINARY CHAPTER
Title of Act
PRELIMINARY SECTION. Title of Act. — This act shall be known as the Marriage Law. HcaDTE
CHAPTER I-IV
Marriage Requisites
SECTIONS. 1-5. 1
SECTION 6. Meaning of church, chapel, or temple. — For the purposes of this Act, a church, chapel, or temple shall be any building constructed of strong, mixed, or light materials, open to the faithful at suitable hours of the day and set aside for the celebration of religious services and the solemnization of marriages and other sacred ceremonies.
SECTIONS 7-13. 2
SECTION 14. Definition of habitual residence. — For the purposes of this Act, the habitual residence of the female shall be deemed to be the residence of her parents or guardian, if such female is less than eighteen years of age, and if over said age, the place where she lived uninterruptedly for at least one year prior to the date of the application for the marriage license.
SECTIONS 15-36. 3
CHAPTER V
Penal Provisions
SECTION 37. Influencing parties in religious respects. — Any municipal secretary or clerk of the Municipal Court 4 of Manila who directly or indirectly attempts to influence any contracting party to marry or refrain from marrying in any church, sect, or religion or before any civil authority, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by imprisonment for not more than one month and a fine of not more than two hundred pesos.
SECTION 38. Illegal issuance or refusal of license. — Any municipal secretary 5 or clerk of the Municipal Court of Manila 6 who issues a marriage license unlawfully or who maliciously refuses to issue a license to a person entitled thereto or fails to issue the same within twenty-four hours after the time when, according to law, it was proper to issue the same, shall be punished by imprisonment for not less than one month nor more than two years, or by a fine of not less than two hundred pesos nor more than two thousand pesos.
SECTION 39. Illegal solemnization of marriage. — Any priest or minister solemnizing marriage without being authorized by the Director of the Philippine National Library 7 or who, upon solemnizing marriage, refuses to exhibit his authorization in force when called upon to do so by the parties or parents, grandparents, guardians, or persons having charge; and any bishop or officer, priest, or minister of any church, religion or sect the regulations and practices whereof require banns or publications previous to the solemnization of a marriage in accordance with section ten, 8 who authorizes the immediate solemnization of a marriage that is subsequently declared illegal; or any officer, priest or minister solemnizing marriage in violation of the provisions of this act, shall be punished by imprisonment for not less than one month nor more than two years, or by a fine of not less than two hundred pesos nor more than two thousand pesos.
SECTION 40. Marriages in improper places. — Any officer, minister, or priest solemnizing marriage in a place other than those authorized by this Act, shall be punished by a fine of not less than twenty-five pesos nor more than three hundred pesos, or by imprisonment for not more than one month, or both, in the discretion of the court. TSADaI
SECTION 41. Failure to deliver marriage certificate. — Any officer, priest or minister failing to deliver to either of the contracting parties one of the copies of the marriage contract or to forward the other copy to the authorities within the period fixed by law for said purpose, shall be punished by imprisonment for not more than one month or by a fine of not more than three hundred pesos, or both, in the discretion of the court.
SECTION 42. Affidavit on marriage "in articulo mortis." — Any officer, priest, or minister who, having solemnized a marriage in articulo mortis or any other marriage of an exceptional character, shall fail to comply with the provisions of Chapter II of this Act, 9 shall be punished by imprisonment for not less than one month nor more than two years, or by a fine of not less than three hundred pesos nor more than two thousand pesos, nor both, in the discretion of the court.
SECTION 43. Unlawful signboards. — Any person who, not being authorized to solemnize marriage, shall publicly advertise himself, by means of signs or placards placed on his residence or office or through the newspapers, as authorized to solemnize marriage, shall be punished by imprisonment for not less than one month nor more than two years, or by a fine of not less than fifty pesos nor more than two thousand pesos, or both, in the discretion of the court.
SECTION 44. General penal clause. — Any violation of any provision of this Act not specifically penalized, or of the regulations to be promulgated by the proper authorities, shall be punished by a fine of not more than two hundred pesos or by imprisonment for not more than one month, or both, in the discretion of the court.
SECTION 45. Disqualification of priests and ministers. — Any priest or minister of the gospel of any denomination, church, sect, or religion convicted of the violation of any of the provisions of this Act or of any crime involving moral turpitude, shall, in addition to the penalties incurred in each case, be disqualified to solemnize marriage for a period of not less than six months nor more than six years at the discretion of the court. (As amended by Act No. 4236.)
CHAPTER VI
Final Provisions
SECTION 46. Repealing clause. — General Orders, Numbered Sixty-eight, issued by the Office of the United States Military Governor in the Philippine Islands on December eighteenth, eighteen hundred and ninety-nine, Act Numbered Fourteen hundred and fifty-one of the Philippine Commission, Act Numbered Thirty-four hundred and twelve of the Philippine Legislature, and all other acts and provisions of the law inconsistent herewith are hereby repealed.
SECTION 47. Effective date. — This Act shall take effect six months after its approval. ITECSH
Approved, December 4, 1929.
Footnotes
1.Superseded by Rep. Act 386, New Civil Code, Title III, now Title I, Family Code.
2.Ibid.
3.Ibid.
4.Now Local Civil Registrar.
5.Now Local Civil Registrar.
6.Id.
7.Now Director of National Library.
8.Sec. 10 was superseded by Art. 60, New Civil code, now under Art. 12, E.O. No. 209, as amended.
9.Chapter 2, Title III, New Civil Code, now title I, Family Code.