Report no 6 - ARTICLE 32 of the FAMILY CODE OF THE PHILIPPINES

The FAMILY CODE OF THE PHILIPPINES

Title I – MARRIAGE

Chapter 2 – MARRIAGES EXEMPT FROM THE LICENSE REQUIREMENT

ARTICLE 32

Reported by:
Mary Grace De Lumban
Joy G. De Loyola

Article 32
A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians.
EXEMPTION FROM MARRIAGE LICENSE. Articles 27, 28, 31, 32, 33, and 34 are situations where the contracting parties need not obtain a marriage license prior to getting validly married. These situations are explicitly declared by Article 3(2) as exceptions to the formal requirement of a valid marriage license. These exceptions are likewise referred to in Article 9, which provides that “a marriage license shall be issued by the local civil registrar of the city or municipality where either of the contracting parties habitually reside, except in a marriage where no license is required in accordance with Chapter 2 of this Title”.
MILITARY COMMANDER. As far as the military commander is concerned, he/she must be a commissioned officer, which means that his/her rank should start from second lieutenant, ensign and above (Webster Dictionary, 1991 Ed).
He/she must likewise be a commander of a unit, which means any subdivision (regiment, battalion, etc) of an army whose strength is laid down by regulations (Webster Dictionary, 1991 Ed).
However, from the deliberations of the Civil Code revision committee, it appears that “unit” has been referred to be at least a “battalion” (Minutes of the Civil Code Revision Committee held on May 23, 1983, page 4).
Also, he/she can only solemnize a marriage if it is in articulo mortis and in the absence of a chaplain.
The marriage must be solemnized within the zone of military operation and during such operation.
The contracting parties may either be members of the armed forces or civilians.
example: X, a member of the armed forces was injured in an area of military operation, for instance, Mindanao. He was airlifted to Manila where he was confined at the Philippine General Hospital. At one point in time, he was at the point of death. Can a military commander solemnize his marriage with Y, his girlfriend without a marriage license? The answer is no because the law contemplates of a situation where the marriage must be solemnized in the zone of military operation. Such commander does not have the authority outside of it, especially so that such authority is granted to him only under extraordinary circumstances. The marriage is void for lack of marriage license. But suppose it was the mayor of the City of Manila who solemnized the marriage of X and Y, then the marriage is valid,  but this time Article 27 of the Family Code applies, not Article 32.

Reference:
Judge Albano, Ed Vincent S. (2017). Family Code of the Philippines.
Sta. Maria, Melencio S. (2015). Persons and Family Relations Law.

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