civil marriage, void or not?

A friend was married in civil rites. The solemnizing authority agreed to officiate the rites without having a Certificate of No Marriage(CENOMAR)submitted on the grounds that it will be submitted soon. Her husband failed to submit it after more than a year. Her question is, " Was the marriage legally binding or not?"

parang kulang yung facts mo..
pero I have the impression/speculation that the marriage was solemnized in the absence of a valid marriage license.

If there is no marriage license the marriage is void from the very beginning since marriage license is one of the formal requisite of a valid marriage and the absence thereof, under the law, would render the marriage null and void.

The following are some pertinent provisions of the Family Code:

Art. 2. No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

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).

Thanks for the reply.

Me license na daw po kaya lang bigla bumaba yun memo na kailangan me CENOMAR na. You know how civil marriages are done in the province agadan. In a matter of days me ninong na at naipangutan na ng panghanda that's why they decided to go with it. And as with most whirlwind romances, they turned sour and call it quits after a few months.

the late submission of the CENOMAR does not invalidate the marriage license. unlesss there are other grounds, the marriage is valid.

^^ Same answer as above!

true that marriage licence is one of the formal requisites of a valid marriage.

if one is missing of any formal requisites given above, there would be irregularity of marriage but still valid.

attylll. what if the marriage was celebrated without a marriage license and the person who solemnized it had no authority? the bride wasn't aware of the necessity of a marriage license and she believed in good faith that the fake priest had the authority to solemnize the marriage.

it will be the absence of a marriage license which will be the basis to say it is void

i have a question that might be related to this topic.

if a guy has a fake birth certificate, would he be able to legally marry? he has a different last name on his NSO record and has not taken legal steps to change his last name to what he is using. would there also be grounds for him to be charged with forgery or falsification?

not sure if this matter has been resolved, but my take on this is that the marriage will still be presumed valid because the person named is him, but he can be liable for using a fake name and fake birth certificate.