Dear PAO,
My boyfriend (24-year-old male) and I (22-year-old female) are planning to get married at the soonest possible time. We read online that couples who have been cohabitating for a period of five years may be exempt from the marriage license requirement. My boyfriend and I have been living together for the same period of time now. Is the exemption already applicable to us?
Tammy
Dear Tammy,
Article 9 of the Family Code of the Philippines (Family Code) makes explicit that no marriage shall be solemnized without a license first being issued by the local civil registrar of the municipality where either of the contracting parties habitually resides. It is among the formal requisites of marriage, the absence of which effectively renders the marriage void ab initio pursuant to Article 4 of the Family Code.
In Raquel G. Kho vs. Republic of the Philippines and Veronica B. Kho, GR 187462, June 1, 2026, the Supreme Court, speaking through Chief Justice Diosdado Peralta, explained the rationale for the compulsory character of a marriage license under our laws. According to the high court, “the requirement and issuance of a marriage license is the State’s demonstration of its involvement and participation in every marriage, in the maintenance of which the general public is interested.”
Like any rule, however, the foregoing admits of exceptions. For one, couples who have lived together as husband and wife for a period of at least five years may marry each other without a marriage license. This is pursuant to Article 34 of the Family Code which provides:
“Article 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage.”
The exception pertaining to the five-year cohabitation period aims to avoid exposing the parties to the humiliation, shame and embarrassment, if any, associated with cohabitation outside a valid marriage. Moreover, it is designed to encourage live-in couples to legitimize their status, all the while preserving their privacy from the publicity attendant to the process of procuring a marriage license. (Engrace Niñal for Herself and as Guardian Ad Litem of the Minors Babyline Niñal, Ingrid Niñal, Archie Niñal & Pepito Niñal Jr., vs. Norma Bayadog, GR 133778, March 14, 2020, Associate Justice Consuelo-Ynares Santiago).
It bears noting, however, that the cohabitation contemplated under Article 34 of the Family Code shall be that in the nature of a perfect union, or one “that is valid under the law but rendered imperfect only by the absence of the marriage contract.” (Ibid.)
In other words, the five-year period shall be computed on the basis of a cohabitation as “husband and wife” where the only missing factor is the special contract of marriage to validate the union. It is crucial, therefore, that during the same period, the parties are both capacitated to marry each other, i.e., male and female, at least 18 years old and free from any legal impediment.
As can be inferred from your narration of facts, you were only 17 years old — a minor, so to speak, during your first year of cohabitation. The said period of time shall not be included in the computation of the five-year cohabitation period, as you still did not have the legal capacity to contract a valid marriage at the time. It inevitably follows then that the cohabitation between you and your boyfriend fell short of the five-year period requirement. Thus, you are still required to secure a marriage license should you decide to contract a marriage soon.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
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.
