Say "I DO" Before I DIE

Photo grabbed from google.

 

In the previous post, it was discussed in passing the circumstances on which marriage may take place in the brink of death.  Yes, death is not a hindrance for a couple to realize their dreams of saying "I DO" before one or both them die.

It is even one of the exemptions provided by the Family Code of the Philippines as to the Marriage License.

This marriage is called as marriage in articulo mortis.  Marriage in articulo mortis is one where the party/ies is/are at the point of death.  It does not contemplate of a scenarios wherein the parties are exposed in the danger of death.

In marriage in articulo mortis, it is not necessary that one or both parties shall die after the marriage.  The marriage remains valid if the party in the point of  death survives.  What is important is that at the time of marriage, a point of death exists.

The following are the situations provided by the Family Code where a marriage in articulo mortis may apply.  These are:

1.  Between passengers or crew members of a ship.  It may be solemnized by a ship captain while the ship is at sea or at ports of call.

2.  Between passengers or crew members of a plane.  It may be solemnized by an airplane pilot while the plane is in flight or during stopovers.

3.  Between persons within the zone of military operation, whether members of the armed forces or civilians.  The marriage may be solemnized by a military commander of a unit who is a commissioned officer.

4.  In case either or both of the contracting parties are at the point of death.  The marriage shall remain valid even if the ailing party subsequently survives.

It is to be noted however that what is exempt in marriage in articulo mortis is the valid marriage license.  Other requisites, such as essential requisites, should be present during the marriage. Otherwise, the marriage is legally infirmed.