Sep 27, 2020 @ 22:27

Consult Atty Claire: I don’t have a birth certificate. Is my marriage legal?

Dear Atty. Claire,

I got married at the age of 19. However, I don’t have a copy of my birth certificate so my birth wasn’t registered. Is my marriage valid? My friends told me my marriage is invalid and I can remarry.

ImNotFortJ

Mr. ImNotFortJ,

Your question really aroused my interest. If you have no registered name since you have no birth certificate, what name did you use in school? What name are you using in your IDs? How were you able to get a marriage license without submitting any birth certificate to the Local Civil Registry or to the solemnizing officer?

But even without a birth certificate, your marriage remains valid as long as you complied with the requirements stated in the Family Code of the Philippines. These include: a marriage license; parental consent since you were only 19 years old at that time; a wedding ceremony; the marriage was not done thru force and intimidation and your physical presence before the officiating officer, who was authorized to solemnize marriage.

Complying with these requirements validates your marriage in the marriage certificate where you indicated the name you’re known by. For example, even if you don’t have a birth certificate indicating your name as Ferdinand Jimenez, your use of the name makes you liable for all the actions you did using that name. You cannot escape liability for these actions just because you lack a birth certificate.

You should also remember that you can apply for late registration of your birth but you have to use the name you have been known by the community since birth. You cannot just change and invent another name to suit your whims.

For any queries, you can call us at 8922 0245 or email us at attorneyclaire2015@gmail.com. Please subscribe to my youtube channel Ito ang Batas with Atty. Claire Catro.

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