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RATIO:
1. FC Art. 34: legal ratification of
marital cohabitation exempts a
couple from obtaining a marriage
license but the ff requisites must be
present:
a. lived together as husband & wife
for at least five years
b. no legal impediment to marry
each other
c. fact of absence of legal
impediment must be present at
time of marriage
d. affidavit stating that they’ve been
living together for at least 5 years
& without legal impediments
e. solemnizing officer should execute
sworn statement that he
ascertained qualifications of
contracting parties.
2. None of requisites were present. They
declared that they were separated
but judge still solemnized marriage.
Mere separation and free & voluntary
cohabitation with another person do