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Act No. 3613 CHAPTER II

Section 20–26 · 7 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Marriages "in articulo mortis" and marriages at remote places.

Section 20

SEC. 20. Marriages "in articulo mortis" and marriages at remote places.—In case either of the contracting parties is on the point of death or the female has her habitual residence at a place more than fifteen kilometers distant from the municipal building and there is no communication by railroad or by provincial or local highway between the former and the latter, the marriage may be solemnized without necessity of a marriage license; but in such cases the official, priest, or minister solemnizing it shall state in an affidavit made before the municipal secretary or any person authorized by law to administer oaths that the marriage was performed in articulo mortis or at a place more than fifteen kilometers distant from the municipal building concerned, in which latter case he shall give the name of the barrio where the marriage was solemnized. The person who solemnized the marriage shall also state, in either case, that he took the necessary steps to ascertain the age and relationship of the contracting parties and that there was in his opinion no legal impediment to the marriage at the time that it was solemnized.

Report to authorities in cases of marriage "in articulo mortis" or at distant places—Payment of fees.

Section 21

SEC. 21. Report to authorities in cases of marriage "in articulo mortis" or at distant places—Payment of fees.—The original of the affidavit required in the last preceding section, together with a copy of the marriage contract, shall be sent by the person solemnizing the marriage to the clerk of the Municipal Court of Manila or to the municipal secretary of the municipality where it was performed, as the case may be, within the period of thirty days after the performance of the marriage. The clerk of the Municipal Court of Manila or the municipal secretary, or the person acting in his stead, shall, however, before filing the papers, require the payment into the municipal treasury of the legal fees required in section eleven of this Act.

Marriages in cases of religious revivals.

Section 22

SEC. 22. Marriages in cases of religious revivals.—When as a direct consequence of an extraordinary religious revival in any given locality, brought about by an intensive and extensive preaching of the gospel for at least three consecutive days by a group of priests or ministers of any existing church, sect, or religion of the Philippines who have gone to said locality for the express purpose of bringing about a religious revival, there shall appear before such priests or ministers authorized to solemnize marriage, at the conclusion of their missionary work, men and women who, having lived together publicly in a state of concubinage for not less than two years, desire to legalize their union, such priests or ministers shall have authority to solemnize such marriages without any necessity of observing the requirements of this Act, except the payment to the municipal treasury concerned of the fee of two pesos established in section eleven, the receipt for which shall be filed with the municipal secretary by the priests or ministers who solemnized the marriage, prior to filing the documents concerning the same. It shall, however, be the duty of the leader or person acting as leader of the priests or ministers who held the religious revival to set forth in a sworn statement sent by him within fifteen days to the clerk of the Municipal Court of Manila or to the municipal secretary concerned, as the case may be: (1) that there has been a religious revival held in accordance with this section; (2) the number of marriages solemnized, specifying names in full, ages, and names of the places or barrios of residence; (3) that the marriages solemnized by them are of exceptional character, the contracting parties being men and women who had lived together publicly in a state of concubinage for a period of not less than two years; (4) that the investigations made by them in each case did not show any legal impediment to the celebration of such marriages; (5) that they, are certain that the persons who contracted marriage are residents of the municipality where the revival was held; (6) that all the marriage certificates mentioned in section sixteen of this Act have been sent to the municipal secretary concerned or to the clerk of the municipal court of Manila, as the case may be, and (7) that they have delivered a copy of the marriage certificate to each couple contracting marriage.

Religious ratification of a marriage.

Section 23

SEC. 23. Religious ratification of a marriage.—In case two persons married in accordance with this Act desire to ratify their union in conformity with the regulations, rites, or practices of any church, sect, or religion, it shall no longer be necessary to comply with the requirements of Chapter I, and any ratification so made shall merely be considered as a purely religious ceremony.

Marriages between non-Christians.

Section 24

SEC. 24. Marriages between non-Christians.—A previous license shall not be required, either, for marriages between Igorots, Ifugaos, Negritos, Moros or other non-Christians converted to the Christian faith and baptized not over five years before such marriages, when solemnized by priests or ministers of the gospel of any denomination, church, sect or religion properly registered under the provisions of this Act. In such cases, the priest or minister solemnizing the marriage shall state in a sworn statement made before any person authorized by law to administer oaths, that the marriage was performed between Igorots, Ifugaos, Negritos, Moros or other non-Christians converted to the Christian faith and baptized not more than five years before such marriage, that he took the necessary steps to ascertain the age and relationship of the contracting parties, and that, in his judgment, no legal impediment to the marriage existed at the time that it was solemnized. This sworn statement and a copy of the marriage contract shall be sent by the officiating priest or minister not later than thirty days after the solemnization of the marriage to the proper municipal secretary who shall file the same without requiring any payment of fees.

Marriages between Mohammedans and pagans.

Section 25

SEC. 25. Marriages between Mohammedans and pagans.—Marriages between Mohammedans may be performed in accordance with the rites or practices of their religion, in which case they shall be exempt from the formal requirements of Chapter I of this Act. Marriages between persons who do not profess the Mohammedan or Christian religion nor any particular religion and who inhabit any of the regions of the Philippine Islands which are under the jurisdiction of the Bureau of Non-Christian Tribes may also be performed in accordance with the rites and practices of their religion, if they have any, or with tribal customs if not, and are likewise exempt from the formal requirements of said Chapter. Persons solemnizing marriages in accordance with this paragraph shall not be obliged to comply with the provisions of section thirty-four of this Act. However, twenty years after the approval of this Act, all marriages performed between Mohammedans or pagans shall be solemnized in accordance with the provisions of Chapter I hereof, and all other provisions of this Act shall be in full force and effect. But the Governor-General, upon recommendation by the Secretary of the Interior, may at any time before the expiration of said period, by proclamation, make any or all of the provisions of Chapter I of this Act applicable to the Mohammedan and Non-Christian inhabitants of any of the provinces under the jurisdiction of the Bureau of non-Christian Tribes when the state of culture and civilization of the Mohammedan or pagan inhabitants of said provinces shall warrant it.

Mixed marriages between Christians and Mohammedans or pagans.

Section 26

SEC. 26. Mixed marriages between Christians and Mohammedans or pagans.—Mixed marriages between a Christian male and a Mohammedan or pagan female shall be governed by the general provisions of this Act and not by those of the last preceding section, but mixed marriages between a Mohammedan or pagan male and a Christian female may be performed under the provisions of the last preceding section if so desired by the contracting parties, subject, however, in the latter case to the provisions of the last paragraph of said section.

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Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).