Affidavit of Cohabitation (Philippines)

An Affidavit of Cohabitation in the Philippines sets out facts the deponent solemnly affirms to be true, in a form that can be relied on by a court or authority.

The Family Code Article 34 exception applies only when: (1) the parties have lived together as husband and wife for at least five years before the celebration of the marriage; (2) no legal impediment to marry has existed during the entire five-year period; and (3) the solemnizing officer verifies the facts stated in the Affidavit of Cohabitation before solemnizing the marriage. Legal impediments include any existing marriage, blood relationship within the prohibited degrees under Family Code Article 38, legal adoption between the parties, and previous conviction of adultery or concubinage with the other spouse.

The Supreme Court of the Philippines, in Republic v. Dayot (G.R. No. 175581, March 28, 2008), invalidated a marriage solemnized under Article 34 where the five-year cohabitation was not continuous or was marked by legal impediments during the period. The Court held that the exemption from marriage license is strictly construed, and the full five-year period must be both continuous and free from all legal impediments. The Affidavit of Cohabitation is therefore a critical document — a false affidavit of cohabitation that leads to an invalid marriage exposes both parties to perjury under Revised Penal Code Article 183 and the marriage may be declared void ab initio.

The Affidavit of Cohabitation is submitted to the solemnizing officer — a judge, priest, minister, or civil registrar authorized to solemnize marriages under Family Code Article 7 — who is required to examine the affidavit and determine whether the five-year cohabitation requirement is met. The solemnizing officer who fails to verify the facts and solemnizes a marriage on the basis of a false affidavit may be administratively liable under the Code of Professional Responsibility for lawyers-judges, or ecclesiastically liable for priests and ministers.

After solemnization, the marriage is registered with the Local Civil Registry (LCR) under the Civil Registration Law (Act 3753). The Philippine Statistics Authority (PSA) issues a PSA-authenticated Marriage Certificate upon registration, which is the primary proof of marriage in the Philippines for all legal purposes — Social Security System (SSS), PhilHealth, Pag-IBIG, and BIR filings.

An Affidavit of Cohabitation in the Philippines is required whenever a couple who has been living together for at least five years without legal impediment wishes to solemnize their marriage without obtaining a marriage license.

An Affidavit of Cohabitation is needed when a long-time live-in couple — who has been cohabiting continuously for five or more years without any legal impediment such as an existing marriage or prohibited blood relationship — decides to formalize their union under Family Code Article 34, particularly when they are elderly and obtaining a marriage license would involve lengthy documentary requirements.

An Affidavit of Cohabitation is needed when a couple has been living together for five or more years and the Filipino partner is preparing to petition their foreign spouse for an immigrant visa — the US Embassy in Manila and other embassies require a valid Philippine marriage certificate for spousal visa petitions, and the marriage solemnized based on the Affidavit of Cohabitation is a valid marriage under Philippine law.

An Affidavit of Cohabitation is needed when the parties have been unable to obtain a marriage license due to documentary requirements — such as birth certificates, CENOMAR (Certificate of No Marriage Record) from PSA, and seminar attendance — and wish to proceed with immediate solemnization under the Article 34 exception, provided they genuinely meet the five-year continuous cohabitation requirement.

An Affidavit of Cohabitation is needed when hospital, insurance, or government benefit records must be updated to reflect a legally solemnized marriage — SSS spousal benefits, PhilHealth dependent enrollment, and BIR additional personal exemption all require a valid PSA-authenticated Marriage Certificate.

Parties in Philippines should prepare a Affidavit of Cohabitation (Philippines) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Philippine Affidavit of Cohabitation must contain the following elements to meet the requirements of Family Code Article 34 and the 2004 Rules on Notarial Practice.

Parties Identification: Full legal names, ages, dates of birth, civil status, nationalities, and complete addresses of both cohabiting parties. Both parties must be of legal age (18 years or older under the Family Code as amended by RA 11596, which prohibited child marriages effective January 6, 2023).

Five-Year Cohabitation Period: A specific declaration of the start date and duration of cohabitation — stating clearly that the parties have lived together as husband and wife continuously for at least five (5) years before the date of the affidavit and the intended marriage date. The start date is critical for meeting the Article 34 requirement.

Absence of Legal Impediment Declaration: An express declaration that no legal impediment to marry has existed between the parties during the entire five-year cohabitation period — specifically that neither party was married to another person, that the parties are not related to each other within the prohibited degrees of consanguinity or affinity under Family Code Articles 37 and 38, and that neither party was previously convicted of adultery or concubinage with the other.

Intended Marriage Details: The date and place of the intended marriage and the name of the solemnizing officer (if already determined).

Joint Execution: Both parties must sign the affidavit, and both must personally appear before the notary public to swear to the truth of the contents. The affidavit cannot be executed unilaterally by one party. The notary must record the CTC numbers and IDs of both parties.

Jurat Block: Executed as a jurat (sworn statement) under Section 2(a) of the 2004 Rules on Notarial Practice. The notary public issues the jurat to both affiants. Two disinterested witnesses who can attest to the five-year cohabitation from personal knowledge are recommended.

Additional compliance elements for a Affidavit of Cohabitation (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.