Illegal Marriage

Question

I married and girl from Ormoc City in March 2006. back then the mother informed me that the application for licence had a waiting period of certain time, and that she would have to pay her friend in the mayors office to have the documents back dated so the marriage could go ahead. making the marriage back then Illegal, Am i correct

Afe Babalola &amp; Co. (Emmanuel Chambers) · Accepted Answer

Yes, you are correct that backdating marriage documents to bypass the mandatory waiting period can make the marriage illegal or voidable under Philippine law.

Key Points:

Marriage License Requirement – Under the Family Code of the Philippines, a valid marriage license is required before a marriage can take place (Article 53).
Waiting Period – A 10-day waiting period is mandatory for the posting of the notice of application, to allow for any objections (Article 17).
Forgery or Fraud – If the license was falsified or fraudulently obtained, the marriage could be declared void ab initio (invalid from the start) under Article 35.

What You Can Do:

Check Marriage Records – Request a copy of the Marriage Certificate from the Philippine Statistics Authority (PSA) to verify details.
Consult a Lawyer – If fraud is confirmed, you may file a petition for nullity of marriage in Philippine courts.

Let me know if you need more assistance!

Law Firm of Juanbe, Bartolo and Associates · Answer

The marriage is still valid without a court order stating that it is void. Since the marriage license is only irregularly issued, it will not affect the validity of the marriage but will only make those involved administratively liable. The only way for Filipino spouses to dissolve a marriage is through a judicial process.

Illegal Marriage

Respostas de Advogados

Afe Babalola & Co. (Emmanuel Chambers)

Key Points:

What You Can Do:

Law Firm of Juanbe, Bartolo and Associates

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