Article 54-61

• ARTICLE 54


  Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or upwards, not under any of the impediments mentioned in articles 80 to 84, may contract marriage.
• ARTICLE 55. 


  No particular form for the ceremony of marriage is required, but the parties with legal capacity to contract marriage must declare, in the presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as husband and wife. This declaration shall be set forth in an instrument in triplicate, signed by signature or mark by the contracting parties and said two witnesses and attested by the person solemnizing the marriage.
• Article 55


  In case of a marriage on the point of death, when the dying party, being physically unable, cannot sign the instrument by signature or mark, it shall be sufficient for one of the witnesses to the marriage to sign in his name, which fact shall be attested by the minister solemnizing the marriage.
• ARTICLE 56

  Marriage may be solemnized by:

  (1) The Chief Justice and Associate Justices of the Supreme Court;

  (2) The Presiding Justice and the Justices of the Court of Appeals;

  (3) Judges of the Courts of First Instance;

  (4) Mayors of cities and municipalities;

  (5) Municipal judges and justices of the peace;

  (6) Priests, rabbis, ministers of the gospel of any denomination, church, religion or sect, duly registered, as provided in article 92; and

  (7) Ship captains, airplane chiefs, military commanders, and consuls and vice-consuls in special cases provided in articles 74 and 75
• Article 57


  The marriage shall be solemnized publicly in the office of the judge in open court or of the mayor, or in the church, chapel or temple, as the case may be, and not elsewhere,
• Article 57 exception


  except in cases of marriages contracted on the point of death or in remote places in accordance with article 72 of this Code, or in case of marriage referred to in article 76 or when one of the parents or the guardian of the female or the latter herself if over eighteen years of age request it in writing, in which cases the marriage may be solemnized at a house or place designated by said parent or guardian of the female or by the latter herself in a sworn statement to that effect.
• ARTICLE 58


  Save marriages of an exceptional character authorized in Chapter 2 of this Title, but not those under article 75, no marriage shall be solemnized without a license first being issued by the local civil registrar of the municipality where either contracting party habitually resides. (Marriage license is need except in Article 75 consul and Vice-consul of the Republic of the Philippines)
• ARTICLE 59


   The local civil registrar shall issue the proper license if each of the contracting parties swears separately before him or before any public official authorized to administer oaths, to an application in writing setting forth that such party has the necessary qualifications for contracting marriage. The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license.
• Information contained in Article 59

  • (1) Full name of the contracting party
  • (2) Place of birth
  • (3) Age, date of birth
  • (4) Civil status (single, widow or widower, or divorced)
  • (5) If divorced, how and when the previous marriage was dissolved
  • (6) Present residence
  • (7) Degree of relationship of the contracting parties
  • (8) Full name of the father
  • (9) Residence of the father
  • (10) Full name of the mother
  • (11) Residence of the mother
  • (12) Full name and residence of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty years, if a male, or eighteen years if a female
• ARTICLE 60


  the local civil registrar, upon receiving such application, shall require the exhibition of the original baptismal or birth certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals.

  If either of the contracting parties is unable to produce his baptismal or birth certificate. Such party may furnish an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to solemnize marriage.
• Article 60 instrument contains


  Sworn declaration of two witnesses,

  of lawful age,

  of either sex,

  setting forth the full name, profession,

  and residence of such contracting party and of his or her parents, if known, and the place and date of birth of such party.

  The nearest of kin of the contracting parties shall be preferred as witnesses, and in their default, persons well known in the province or the locality for their honesty and good repute.
• Article 60 exemption


  The exhibition of baptismal or birth certificates shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age
• Article 61


  In case either of the contracting parties is a widowed or divorced person, the same shall be required to furnish, instead of the baptismal or birth certificate required in the last preceding article, the death certificate of the deceased spouse or the decree of the divorce court, as the case may be. In case the death certificate cannot be found, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and the date of the death of the deceased spouse.
• Article 61 (being neither widowed nor divorced)

  less than twenty years of age as regards the male and less than eighteen years as regards the female, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage, of their father, mother or guardian, or persons having legal charge of them, in the order mentioned.
• Article 61 (Consent)


  Such consent shall be in writing, under oath taken with the appearance of the interested parties before the proper local civil registrar or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths.