Report: Article 13 of Family Code of the Philippines

Article 13. In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage.

In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse. (61a)

- When a party applying for a marriage license is not of age as required by law or has any legal impediment that renders him incapacitated to marry. The local civil registrar would still issue the marriage license but would make a notation of the same in the license. And in the instance of either of the party is already married he shall present the certificate of nullity or judicial decree of annulment of the marriage which shall prove his capacity to remarry.

In case either of the contracting parties was previously married but the spouse is already dead. The concerned party shall furnish the death certificate of his deceased spouse and if not available an affidavit stating his civil status and the name and date of death of the deceased spouse.