kessa said:
I think you did not get what nester is trying to convey...she is trying to say we will read it for more clarification...crisphil mentioned it here it did not work sa kanila ng hubby nila but it work sa iyo..do we have to be so blatantly rude?and why would anybody be scared to read your name printed here?This is a forum where it accepts ideas and suggestions not hurl insults...
Once and for all....
EXECUTIVE ORDER NO. 209
THE FAMILY CODE OF THE PHILIPPINES
TITLE I - Marriage
Chapter 1. Requisites of Marriage
Art. 2. No marriage shall be valid, unless these essential requisites are present:
Art. 4. The absence of any of the essential or formal requisites shall render the marriage
void ab initio, except as stated in Article 35 (2).....
Art. 11. Where a marriage license is required, each of the contracting parties shall file
separately a sworn application for such license with the proper local civil registrar....
Chapter 2. Marriages Exempted from License Requirement
Art. 28. If the residence of either party is so located that there is
no means of
transportation to enable such party to appear personally before the local civil registrar,
the marriage may be solemnized without necessity of a marriage license. (72a)
(which clearly means that if you cannot personally appear before the registrar, you can be exempted from license requirement. But you are not applying for exemption; therefore you must personally appear.)
Art. 29. In the cases provided for in the two preceding articles, the solemnizing officer
shall state in an affidavit executed before the local civil registrar or any other person
legally authorized to administer oaths that the marriage was performed in articulo mortis
or that the residence of either party, specifying the barrio or barangay, is so located
that there is no means of transportation to enable such party to appear personally before
the local civil registrar and that the officer took the necessary steps to ascertain the
ages and relationship of the contracting parties and the absence of legal impediment to the
marriage. (72a)
(This places the burden of your non-appearance on the solemnizing officer and registrar. Will they if it is not true that there is no transportation for you to appear?)
Chapter 3. Void and Voidable Marriages
Art. 35. The following marriages shall be void from the beginning:
(3) Those solemnized without license, except those covered the preceding Chapter;
(An invalid license has the effect of no license. Why invalid? Because of the shortcut of not following the 10-day posting period. Counting will not start if you have not properly/completely filed. Of course people can always go around this. What if embassy finds out?)