Article 27 to 34, Family Code of the Philippines

Chapter 2. Marriages Exempted from License Requirement

Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a) Evita D Teope

In a marriage in Articulo Mortis or at the point of death, as provided in this Article, there is no need for marriage license; but if the party at the point of death survives, the marriage would still be valid.

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)  Evita D Teope

Thus, there must be no legal impediment to marry one another.

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)

Art. 30. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (75a)

Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a)

Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) Evita D Teope

This Article asserts that the marriage must be in the zone of military operation, such that the military commander has the authority to solemnize it. Otherwise, the military commander may not have the authority to solemnize the marriage.

Illustration:

XY, a soldier who was injured in the area of operation, for instance, in Marawi, was airlifted to Manila where he was confined at Philippine General Hospital. While at the emergency room, he was at the point of death. Can his military commander solemnize his the marriage with his Y?
NO.  The marriage must be solemnized at the zone of military operation. The commander does not have authority outside of it. Marriage is void for lack of marriage license unless solemnized by the mayor of the City of Manila. (Art.27 FC)

Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a) Evita D Teope

Jean and Julius, both belonging to the Kankanaey ethnolinguistic group and are residents of Laguna, had their marriage solemnized by judge Prince in San Pablo City in accordance with the Christian rites and practices. Is there a need for a marriage license?YES. Otherwise, it is void.

The condition of the validity of such marriage without a license is:
That the ceremony is in accordance with their customs, rites or practices. 
Marriage as an inviolable social institution shall be protected. Marriages performed in accordance with customary laws, rites, traditions, and practices shall be recognized as valid. As proof of marriage, the testimony of authorized community elders or authorities of traditional sociopolitical structures shall be recognized as evidence of marriage for purposes of registration. (Section 8, RA No. 8371, “The Indigenous Peoples’ Rights Act of 1997.”

Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths.  

The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. (76a) Evita D Teope

Arch and Curvy, both without any legal impediment to marry one another having been living together and exclusively with each other as husband and wife for 6 years. In lieu of the license, an affidavit stating that they have been living together for more than 5 years and without any legal impediment to marry one another. A legal impediment is an obstacle to valid marriage, determined by civil authority.

But suppose Curvy was 16 years of age when they started living together and they decided to get married, would marriage license be required?

YES. They are not exempted from the requirement because of an impediment to marry one another. 

Why is there no license is required? rationale.

a.) To avoid exposing the parties to humiliation, shame and embarrassment concomitant with the scandalous cohabitation of persons outside a valid marriage due to the publication of every applicant’s name for a marriage license.

b.) To preserve privacy.

Why 5 years?

The five-year common-law cohabitation should be a period of the legal union had it not been for the absence of the marriage.

The 5-year period should be the years immediately before the day of marriage and it should be cohabitation characterized by (1.) exclusivity which means that no third party was involved at any time within 5 years and (2.) continuity, meaning, unbroken.

 That the parties capacitated to marry each other.

REQUISITES FOR LEGAL RATIFICATION OF COHABITATION:

1. The man and woman must have been living together as husband and wife for at least five years before the marriage.

2. The parties must have no legal impediment to marry each other;

3. The fact of absence of legal impediment between the parties must be present  at   the time of marriage;

4. The parties must execute an affidavit stating that they have lived together for five years;

5. The solemnizing officer must execute a sworn statement that he had ascertained the qualifications of the parties and that he had found no legal impediment to their marriage. (Borja-Manzano v. Judge   Sanchez, A.M. No. MTJ-00-1329, March 8, 2001, 354 SCRA1)

References:
sc.judiciary.gov.ph
Family Code of the Phils. by Albano, et al.