Documentos de Académico
Documentos de Profesional
Documentos de Cultura
2.1
have the power to give orders and instructions to the local civil
registrars with reference to the performance of their duties as such.
It shall be the duty of the Director of the National Library (now
NSO Administrator) to report any violation of the provisions of this
Act and all irregularities, negligence or incompetence of the part
of the officers designated as local civil registrars to the Chief of
the Executive Bureau or the Director of the Non-Christian Tribes
(now Department of Interior and Local Government or National
Commission on Indigenous People), as the case may be, who shall
take the proper disciplinary action against the offenders. (Manual of
Instructions, Unregistered Child Project 1, p. 52).
The Civil Registrar General shall have the technical control
and supervision on civil registrars and officials mentioned in Rule
3 (1). In the exercise of this technical and supervisory function, the
Civil Registrar General shall have the power to declare ultra vires
any act of civil registrars inconsistent with the prescribed standards,
criteria and procedures mentioned in this implementing rules and
regulations and other pertinent laws on civil registration. (Rule 4,
Administrative Order No. 1, Series of 1993).
LEGAL BASIS GOVERNING REGISTRATION OF AUTHORITY
OF SOLEMNIZING OFFICERS TO SOLEMNIZE MARRIAGE
WITH OCRG
Article 7 (2) of the Family Code of the Philippines states Any
priest, rabbi, imam, or minister of any church or religious sect and
registered with the civil registrar general, (underscoring ours) acting
within the limits of the written authority granted him by his church
or religious sect and provided that at least one of the contracting
parties belongs to the solemnizing officers church or religious sect.
Civil Code of the Philippines Art. 92. Every priest, or minister,
or rabbi authorized by his denomination, church, sect, or religion
to solemnize marriage shall send to the proper government office a
sworn statement setting forth his full name and domicile, and that
he is authorized by his denomination, church, sect or religion to
solemnize marriage, attaching to said statement a certified copy of
his appointment. The director of the proper government office, upon
receiving such sworn statement containing the information required,
and being satisfied that the denomination, church, sect, or religion
of the applicant operates in the Philippines, shall record the name
of such priest or minister in a suitable register and issue to him
2.
21 June 2001
MEMORANDUM
To
Subject
2.
2.
10
Section 2 of the Civil Registry Law, which is the power to give orders
and instructions to the City/Municipal Registrars with reference to
the performance of their duties as such and to report any violation
and all irregularities, negligence or in competency of the City/
Municipal registrars to the City/Municipal Mayors who shall take
the proper disciplinary action against the offenders. To stress, it is
the city or municipal mayor concerned, acting upon the report of the
Civil Registrar General, who shall take disciplinary action against
any local civil registrar found to have violated the provisions of the
Civil Registry Law. (See Sec. 2, Act 3753, as amended).
In any case, Act No. 3753, as amended, a special law, is not
among the laws expressly and explicitly repealed by Section 534 of
the Local Government Code of 1991, a general law. This can only
mean that there was no such intent on the part of the legislature
to abrogate the power of direction and supervision of the Civil
Registrar General over local civil registrars in the country. For if
repeal of particular or specific law or laws is intended, the proper
step is to so express it. (Agujetas vs. Court of Appeals, 261 SCRA
17) Neither is there an implied repeal. It is a well-settled rule of
statutory construction that repeals of statutes by implication are not
favored (Ruben E. Agpalo, Statutory Construction [Third Edition],
p. 322, citing Valdez vs. Tuason, 40 Phil. 943 [1920]; Phil. American
Management Co., Inc. vs. Phil. American Management Employees
Assn., 49 SCRA 194 [1973]; Villegas vs. Subido, 41 SCRA 190
[1971]; De Jesus vs. People, 120 SCRA 760 [1983]). The presumption
against implied repeal is stronger when, of two laws, one is special,
and the other general, as obtaining in the instant case; and this rule
applies even though the terms of the general act are broad enough
to include the matter covered by the special statute (Ibid., citing
Manila Railroad Co vs. Rafferty, 40 Phil. 224 [1919]; Commissioner
of Internal Revenue vs. Court of Appeals, 207 SCRA 487 [1992]).
Anent the second query, we believe that the power of local civil
registrars to administer oath as provided in Section 12(g) of the Civil
Registry law still exists. Section 12(g) provides:
SECTION 12 Duties of local civil registrars Local Civil
Registrars shall x x x (g) administer oaths, free of charge, for civil
register purposes.
The power of local civil registrars to administer oath under the
afore quoted provision is sufficient within the purview of the general
clause in Section 479 of the Local Government of 1991 which states
11
that the local civil registrar shall exercise such other powers and
perform such other duties and functions as may be prescribed by law
or ordinance (see par [3]). However, as stated in the Civil Registry
Law (see Sec. 12 (g), supra., the power of local civil registrars to
administer oath shall be limited to civil registry matters and the
same must be free of charge.
Please be guided accordingly.
Very truly yours,
(SGD.) HERNANDO B. PEREZ
Secretary
DOJ OPINION RE THE CIVIL REGISTRAR GENERAL TO FILE
ADMINISTRATIVE PROCEEDINGS AGAINST LOCAL CIVIL
REGISTRARS
Opinion No. 128 S. 1979
The Civil Registrar General as head of office or agency may,
pursuant to Section 38 of P.D. No. 807 (The Civil Service Decree),
initiate, motu proprio and even without the complaint of a third
party, administrative proceedings against the Local Civil Registrar
who has been a party to a violation of Art. 66 of the Civil Code, a
provision of law in which he has the duty to implement. The basis
of this is the inherent right of the head of a department, office or
agency to discipline his subordinates. (Decision, Civil Service Board
of Appeals. In Re: Administrative Case vs. Filomeno L. Pacis,
respondent-appellant, 58 O.G. No. 26, pp. 4726-4727).
AN ILLUSTRATIVE CASE ON A MINISTERIAL DUTY ON THE
PART OF OCRG TO ISSUE AUTHORIZATION TO SOLEMNIZE
MARRIAGES TO SOLEMNIZING OFFICERS PENDING COURT
DECISION
Mons. Juan Jamias, petitioner vs. Eulogio B. Rodriguez, Director of
Public Libraries, And Manuel V. Gallego, Secretary of Education,
respondents.
Isidoro A. Vera for petitioner.
Assistant Solicitor-General Ruperto Kapunan, Jr. for respondents.
Claro M. Recto and Jose Nava for intervenor I. de los Reyes.
Ferdinand E. Marcos as amicus curiae.
12
SYLLABUS
MANDAMUS; DIRECTOR OF PUBLIC LIBRARIES; MINISTERIAL DUTY TO ISSUE AUTHORIZATIONS TO SOLEMNIZE MARRIAGES; CONFLICT BETWEEN TWO FACTIONS OF PHILIPPINE
INDEPENDENT CHURCH; PENDENCY OF JUDICIAL DECISION;
CASE AT BAR. There is nothing of record to show that the
Philippine Independent Church or its faction headed by Bishop J.
J. does not fulfill the good repute condition obligating respondent
director, under section 34 of Act No. 3613, to issue the authorization
to solemnize marriages, or that said church or faction has lost said
qualification as a result of which, according to section 35 of the
same law, the authorization may be cancelled. The second ground
provided by same section 35 cannot be considered in this case
because the conflict between the two factions in said church involving
the question as to who are the lawful authorities of said church is
yet to be settled in the pending litigation before the Court of First
Instance of Manila. There is no allegation or pretense to the effect
that the bishops and priests of the faction headed by petitioner have
disqualified themselves from continuing to solemnize marriages.
Held, That until the pending litigation as to who is who within the
Philippine Independent Church is finally decided, the respondent
Director of Public Libraries has a ministerial duty to issue
authorization to solemnize marriages to the bishops and priests
of the group headed by Bishop J. J. as bishops and priests of the
Philippine Independent Church.
DECISION
PERFECTO, J p:
Alleging to be the Bishop Maximus of the Philippine Independent
Church, petitioner seeks a peremptory order to compel respondents,
the Director of the Bureau of Public Libraries and the Secretary
of Education, to immediately issue to Bishops Leopoldo A. Ruiz
and Juan T. Kijano, of said church, authorizations to solemnize
marriages. It is alleged that on January 11, 1948, petitioner, as duly
elected Bishop Maximus of said church, filed with the respondent
Director of Public Libraries an application for removal of the
authority to solemnize marriages issued in favor of Bishop Leopoldo
A. Ruiz, which authority, as granted by said respondent expired
on April 30, 1948, said application having been accomplished as
13
14
15
16
17
18
b.
c.
d.
e.
f.
19
g.
h.
i.
community elders;
k.
l.
NOTE:
PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGES
a.
20
21
vs.
Judge Salvador M. Occiano, respondent.
PUNO, J.:
Petitioner Mercedita Mata Araes charges respondent judge with
Gross Ignorance of the Law via a sworn Letter-Complaint dated
23 May 2001. Respondent is the Presiding Judge of the Municipal
Trial Court of Balatan, Camarines Sur. Petitioner alleges that on
17 February 2000, respondent judge solemnized her marriage to
her late groom Dominador B. Orobia without the requisite marriage
license and at Nabua, Camarines Sur which is outside his territorial
jurisdiction.
22
23
24
25
26
LIABILITY OF SOLEMNIZING OFFICER WHO SIGNS MARRIAGE CONTRACT BEFORE THE MARRIAGE LICENSE IS
OBTAINED
Negre vs. Rivera
Adm. Matter No. 343- MJ.
June 22, 1976
If a Judge signs a marriage contract before the marriage
license is obtained (and then postdates the marriage contract) on
the request of the mother of the bride (who had been raped), he can
be said to have acted imprudently, and should be admonished.
THE LEGALITY OF A CASE ON MARRIAGE WHERE THE
SOLEMNIZING OFFICER JUDGE WHO MERELY SAID YOU
ARE MARRIED
Where the Judge who performed the marriage said nothing
except You are married., the court held that the marriage contract
which was signed by the contracting parties and their witnesses and
the Judge, gives rise to the presumption that the officer solemnized
the marriage in due form, unless the contrary is proved. The marriage
is legal (Martinez vs. Tan, G.R. No. 4904, February 5, 1909).
b.
27
28
29
MORELAND, J.:
This is an appeal from a judgment of the Court of First
Instance of Manila, convicting the accused of performing a marriage
ceremony where one of the contracting parties was under the age
of consent, and sentencing him to suffer the penalty of four years
of suspension from practicing his profession as a minister of the
National Evangelical Church of the Philippines, to pay a fine of
1,500 pesetas and one-fifth of the costs.
The information was originally filed against the spouses, the
two witnesses to the marriage, and the minister performing the
ceremony. At the request of the prosecuting attorney the case was
dismissed with respect to the defendant Antonio de la Llana, one
of the witnesses to the marriage, in order that he might be used as
a witness for the Government, under the provisions of section 34
of the Code of Criminal Procedure. With respect to the defendants,
Florencio San Miguel and Eulogia Dizon, the spouses, and Teofilo
San Miguel, the other witness to the marriage, the case was also
dismissed, under paragraph 2 of article 475 of the Penal Code, for
the reason that Esteban Dizon, the father of Eulogia Dizon, the
bride, having, subsequent to the ceremony, given his consent to the
marriage. The only defendant remaining, therefore, is Domingo San
Juan, the minister who performed the ceremony.
30
General Orders, No. 68, section 7 (as amended by Act No. 1451),
reads as follows:
SEC. VII. The person solemnizing a marriage must make and
sign a certificate showing:
1.
The real and full names of the parties and their places of
residence.
2.
Their ages.
3.
The consent of the father, mother, or guardian, or of one
having the charge of such person, if any such be given, if the male
be under the age of twenty years or the female be under the age
of eighteen years. For the purpose of ascertaining these facts, the
person solemnizing the marriage is authorized to examine parties
and witnesses on oath and receive affidavits, and he must state
such facts in his certificate. The marriage shall not be performed in
case of non-age, unless the consent herein before required shall be
personally given by the parent or guardian or person having charge
of the infant, or certified in writing over his or her signature, attested
by two or more subscribing witnesses and proved by the oath of one
of them.
There is no penalty in the General Orders attached to the
solemnization of a marriage between persons under age. The
prosecution must be sustained, therefore, if at all, under the Penal
Code in connection with said General Orders.
Article 479 of the Penal Code reads as follows:
ART. 479. Any ecclesiastical or civil authority who shall perform
or authorize the ceremony in any marriage prohibited by law, or
barred by an impediment not capable of dispensation, shall suffer
the penalties of suspension in its medium and maximum degrees
and a fine of not less than 625 and not more than 6,250 pesetas.
If the impediment shall be subject to dispensation, the penalty
shall be destierro in its minimum degree and a fine of not less than
325 and not more than 3,250 pesetas.
Article 475 of that Code reads:
ART. 475. Any minor who shall marry without the consent
of his or her parents, or other person standing in loco parentis,
shall suffer the penalty of prision correccional in its minimum and
medium degrees.
31
32
question did not complete his twenty-one years until the 1st day of
July, fifteen days after his marriage. Can such a one be convicted of
a violation of article 475? It would seem that this case is included
within those of the article. He was in fact a minor when he married,
and he married without the consent of his parents. It is true that
so far as the parent is concerned the offense has been committed,
but can the same be said with reference to the State in the absence
of a voluntary violation of the law? Article 1 of the Code does not
contain the words with malice that are to be found in the Code
of 1822; nevertheless Pacheco, the eminent commentator, has said
that those words are included in the word voluntary (El Codigo
Penal Concordado y Comentado, Vol. I, folio 74, third edition); and
he states positively that crime cannot exist without intent.
Other commentators, without being in entire conformity with
Pacheco, nevertheless are agreed up to a certain point. Groizard
says: Such is the general rule; so it is ordinarily. (Codigo Penal de
1870, Vol. I, folio 37.) Viada says that in the majority of cases, in the
absence of intent there has been no crime; but that there can exist
in some cases the latter without the former. (Vol. I, Codigo Penal
Reformado de 1870, folio 16.) Silvela says: In effect it suffices to
remember the first article, which states that where there is no intent
there is no crime, . . . in order to assert without fear of mistake that
in our Code the substance of a crime does not exist if there is not a
deed, an act which falls within the sphere of ethics, if there is not a
moral wrong. (Vol. 2, Derecho Penal, folio 169.)
The theory that the absence of the words with malice in the
prevailing Code has this effect is supported by the provisions of
article 568 which says: He who by reckless negligence commits an
act which would constitute a grave crime if malice were present
shall be punished, etc.
The Supreme Court in several successive sentences has
followed the same doctrine: It is indispensable that this (action) in
order to constitute a crime should carry with it all the malice which
the volition and intention to cause the evil which may be the object
of the said crime suppose. (Judgment of May 31, 1882)
In a case for falsity the facts involved were that the defendant
had married before the municipal judge of the pueblo of Rubete
without other ceremony than the simple manifestation and
expression of his wishes and those of the woman Leonor with whom
he married before said municipal judge; that relying upon that, on
33
34
35
36
37
38
pilot not only while the ship is at sea or the plane is in flight, but also
during stopovers at ports of call. (Article 31, Family Code).
A PROBLEM ON MARRIAGE IN ARTICULO MORTIS BY AN
AIRPLANE PILOT
Problem:
Greg and Alma are on board a PAL airbus bound for USA.
Suddenly, Greg became sick such that he is now at the point of
death. They asked Capt. Rudy, the airplane pilot to solemnize their
marriage but the pilot refused on the ground that there was no
marriage license. Is the pilot correct?
Held:
No, the pilot is not correct because this is one of the exceptional
cases where marriage can be solemnized without a marriage license.
Under the Law, an airplane pilot can solemnize marriage in articulo
mortis. Such marriage can be solemnized even if the plane is in flight
or during stopovers at ports of call. (Art. 31, Family Code).
A PROBLEM ON MARRIAGE IN ARTICULO MORTIS BY A SHIP
CAPTAIN
Problem:
Manuel and Jinky were engaged to be married. While they
were on board on a boat bound for Cebu City, Manuel had a quarrel
with a certain passenger who stabbed him. The physician on board
the boat attested to the fact that Manuel would die at any time. So,
Manuel and Jinky requested Melchor, the ship captain to solemnize
their wedding. Is the marriage between Manuel and Jinky valid?
Held:
Yes, the marriage between Manuel and Jinky is valid. Under
the law, a marriage in articulo mortis between passengers or crew
members may also be solemnized by a ship captain or by an airplane
not only while the ship is at sea or the plane is in flight, but also
during stopovers at ports of call. (Article 31, Family Code)
d.
39
40
e.
REASON
WHY
MARRIAGE
AMBASSADOR
CANNOT
41
SOLEMNIZE
42
43
Issue:
Whether or not Cristina Vergaras marriage with Reynaldo
Pascua can be declared null and void on the ground that the
solemnizing officer is not authorized by law to solemnize marriage
and they had no marriage license at the time of the marriage despite
their knowledge of these grounds at the time of the marriage.
Ruling:
The trial court said that a mere cursory examination of the
marriage certificate between Cristina Vergara and Reynaldo Pascua
shows that it is in compliance with all the essential and formal
requisites of the law on marriage. Therefore, it is presumed to be
valid.
The courts look upon the presumption of marriage with great
favor as it is founded on the following rationale: The basis of human
society throughout the civilized world is that of marriage. Marriage in
this jurisdiction is not only a civil contract, but is a new relation and
institution the maintenance of which the public is deeply interested.
Every intendment of the law leans toward legalizing matrimony.
(Adong vs. Cheong Seng Gee, 43 Phil. 43 quoted in Alvarado vs. City
Government of Tacloban, 139 SCRA 230; Mariataqui vs. Court of
Appeals, 205 SCRA 337).
Article 4 of the Family Code provides: An irregularity in the
formal requisites shall not affect the validity of marriage but the
party or parties responsible for the irregularity shall be civilly,
criminally and administratively liable.
The trial court notes with significance Cristina Vergaras
testimony that she and her husband insisted to get married right
away, even if advised of the necessity of marriage license.
Article 1411 of the Civil Code provides: When the nullity
proceeds from the illegality of the cause or object of the contract
and the article constitutes an offense, both the parties being in pari
delicto, they shall have no action against each other and both shall
be prosecuted.
Article 50 of the Revised Penal Code punishes persons
contracting marriage against the provisions of the laws.
Article 50 Marriage Contracted Against the Provision of Law
The penalty of prision correccional in its medium and maximum
periods shall be imposed upon who without being included in the
44
45
xx;
xx.
46
xxx
47
48
Civil Code, as amended, and P.D. No. 603, as amended, it does not
repeal in express terms the provisions of the Muslim Personal Code.
For the same reasons stated above, a similar conclusion would be
reached even if we assume that E.O. No. 209, as amended, is also a
special law.
As the Decree itself explicitly states, however, the above
conclusion should be qualified. This is because under Article 3
thereof, the provisions of this Code shall be applicable only to
Muslim and nothing herein shall be constructed to operate to the
prejudice of a non-Muslim.
Likewise, by expressed mandate of Article 13 of the Decree,
the essential requisites and legal impediments to marriage and
solemnization and registration the marriage of the persons
mentioned therein, among other things, shall be governed by this
code other applicable Muslim laws.
Consequently, when the parties to the marriage are both
Muslim or the male party is a Muslim and the marriage is solemnized
under the Muslim laws, the provision of Section 18 of P.D. No. 1083
enumerating those persons authorized to solemnize marriage,
which undeniably includes an imam, governs. Conversely, when the
aforesaid elements or conditions are not present, the provision on
the authority of solemnizing officer, including the registration with
the civil registrar general, under Article 7 of the Family Code, which
further amended the Civil Code of the Philippines, applies. This is
explicit even from a reading of Article 13(2) of the Muslim Personal
laws itself.
Your queries are thus answered accordingly.
Very truly yours,
(SGD.) RAUL M. GONZALEZ
Secretary
A PROBLEM ON ABSENCE OF MARRIAGE LICENSE TO
MUSLIM MARRIAGE
Problem:
Tingcap and Sorayda are both Muslims. They got married,
with Judge Guerrero as the solemnizing officer. The marriage was
49
community elders;
k.
l.
50
DOJ OPINION ON THE NEED OF TRIBAL HEADS OR CHIEFTAINS OF INDIGENOUS PEOPLE TO BE AUTHORIZED AND
REGISTER THEIR AUTHORITY TO SOLEMNIZE MARRIAGE
WITH OCRG
Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
Manila
OPINION. 179, S. 1993
December 28, 1993
2.
3.
You state that on the basis of Article 7(2), your office has been
receiving applications from tribal heads or chieftains who wish
to register as solemnizing officers within their respective tribes,
but which applications you deny on the ground that the provision
refers only to solemnizing officers who are members of a church or
religious sect, and that a tribe is neither a church or religious sect
but a mere social group which under the law is called an ethnic
cultural community.
51
xxx
xxx
xxx
xxx
52
53
54
Issue:
Is the marriage of Wong Woo Yiu with Perfecto Blas in China
before a village leader valid under Philippine law?
Ruling:
The Supreme Court ruled that the marriage of Wong Woo Yiu
with Perfecto Blas in China before a village leader is not valid under
Philippine law. Her claim that she is the lawful wife of Perfecto Blas
was without basis in evidence as it was bereft of substantial proof
of husband-wife relationship. Her claim cannot also be entertained
under the law on family relations. Article 15 of the Civil Code provides
that laws relating to family rights or to the status of persons are
binding upon citizens of the Philippines even though living abroad.
It is well-known that in 1929 in order that a marriage may be
valid it must be solemnized either by a judge of any court inferior
to the Supreme Court, a Justice of the Peace, or a priest or minister
of any denomination duly registered in the Philippine Library and
Museum (now Office of the Civil Registrar General). Even assuming
that the marriage of Wong Woo Yiu to Perfecto Blas before a village
leader is valid in China, the same is not one of those authorized in
our country.
Since our law only recognizes a marriage celebrated before
any of the officers mentioned above, and a village leader is not one
of them, it is clear that Wong Woo Yius marriage to Perfecto Blas
in China, even if true, cannot be recognized in our country in the
absence of proof of the China law on such marriage.
OTHER PERTINENT
OFFICERS
FEATURES
FOR
SOLEMNIZING
(b)
(c)
55
56
57
58
(b)
(c)
(d)
When both of the parties request in writing for solemnization in some other place. The place must be designated
in a sworn statement. (See Paras, The Civil Code of the
Philippines, Annotated, Vol. 1, [Fifteenth Edition], 2002,
p. 380).
59
60
Subject
2.
61
62
2.
63
64
65
66
2.
3.
67
68
69
70
2.
3.
4.
71
72
73
74
75
shall only accept petitions for correction of clerical error or for change
of first name but the decision shall be rendered by the incumbent
C/MCR on his return. However, when the period of absence is ten
(10) working days or more, the OIC or Acting C/MCR shall accept
petitions and subsequently render decision. (Underscoring ours).
The concept introduced in the immediately preceding
paragraph should be differentiated from the pronouncement of
DILG Undersecretary Soliman that an OIC-Local Civil Registrar
cannot validly exercise the additional power vested by R.A. 9048.
In the latter case, the presumption is that there is no incumbent C/
MCR of the city or municipality, while in the former, the incumbent
C/MCR is merely absent temporarily. (Manual of Instructions, R.A.
No. 9048 and Its Implementing Rules and Regulations, p. 4).
WHEN TO FURNISH THE MARRIAGE CERTIFICATE TO THE
LOCAL CIVIL REGISTRAR?
Within fifteen (15) days after the celebration of the marriage,
the solemnizing officer shall furnish the local civil registrar the
duplicate and triplicate copies of the marriage contract. The civil
registrar has only a ministerial duty to accept and record the
marriage contract. He has no right to investigate the legality or
regularity of the contract or the proceedings thereof.
The marriage contract once accepted shall form part of the civil
registry book. (Sec. 4, Act No. 3753).
FAILURE TO FURNISH THE MARRIAGE CERTIFICATE TO
THE LOCAL CIVIL REGISTRAR
When the marriage contract does not appear in the civil
registry for marriages in the municipality where the marriage took
place, because the solemnizing officer failed to furnish the local
civil registrar a copy thereof, or the local civil registrar failed to
enter the contract in the book, but the marriage was proven by the
testimony of the solemnizing officer, the parties are living together
as husband and wife, and in one document their children signed and
stated that they are the children of the spouses, the court held: The
marriage existed, in view of the proofs presented. And the failure
of the solemnizing officer to send a copy of the marriage contract to
the local civil registrar is not an essential defect, the forwarding of
a copy of the marriage contract not being an essential requisite for
76
a valid marriage. (Pugeda vs. Trias, et al., L-16925, March 31, 1962;
Jones vs. Hortiguela, 64 Phil. 179).
AN ILLUSTRATIVE CASE ON THE VALIDITY OF THE
MARRIAGE FOR FAILURE TO RECORD THE MARRIAGE IN
THE MARRIAGE REGISTER
Jones vs. Hortiguela
G.R. No. 43701
March 6, 1937
Facts:
Marciana Escao was married to Arthur W. Jones in a ceremony
in a catholic church in December, 1914. A child Angelita Jones was
born to the marriage. After a few years of their marriage, Arthur
was able to obtain a passport to go abroad and thereafter nothing
was heard of him.
Marciana filed a petition for the declaration of presumptive
death of Arthur after more than seven years of the latters absence
so that she could marry Felix. After the declaration of presumptive
death of Arthur was obtained, Marciana and Felix married each
other before the justice of the peace (now municipal judge). After a
few years of their marriage, Marciana died leaving a considerable
estate, and Felix was appointed as administrator of the estate of the
deceased. The court then declared Angelina and Felix as the only
heirs of the deceased.
Angelina filed a motion in the intestate court that she be
declared the only heir of Marciana contending that the marriage
between her mother and Felix was null and void on the ground that
said marriage does not appear recorded in the marriage register.
Issue:
Is the marriage between Marciana Escao and Felix Hortiguela
null and void for failure to record the said marriage in the marriage
register?
Ruling:
The Supreme Court ruled that the marriage between Marciana
Escao and Felix Hortiguela is not null and void because it does not
appear recorded in the marriage register. Section VIII of General
Order No. 68, as amended, provides that person solemnizing the
77
78
79
80
Ruling:
Yes, Judge Daguman is negligent for failure to retain a copy of
the marriage certificate and to register the same with the office of
the civil registrar.
According to Supreme Court, such duty is entrusted to him as
solemnizing officer pursuant to Article 23 of the Family Code which
reads: It shall be the duty of the person solemnizing the marriage to
furnish either of the contracting parties the original of the marriage
certificate referred to in Article 6 and to send the duplicate and
triplicate copies of the certificate not later than fifteen days after the
marriage, to the local civil registrar of the place where the marriage
was solemnized. xxx.
The Supreme Court further said that it is clearly evident from
the foregoing that not only has the respondent judge committed
nonfeasance in office, he also undermined the very foundation of
marriage which is the basic social institution in our society whose
nature, consequences and incidents are governed by law. Granting
the respondent Judge indeed failed to locate the duplicate and
triplicate copies of the marriage certificate, he should have exerted
more effort to locate or reconstitute the same. As a holder of such a
sensitive position, he is expected to be conscientious in the handling
of official documents.
Rule 2.4 NSO Regional Director (RD)
Head of the NSO Regional Office (RO) who assists the
CRG in the implementation of civil registration in the region of
jurisdiction.
NOTE:
The NSO Regional Director assists the Civil Registrar
General in administering the provisions of Act No. 3753 (Civil
Registry Law) in the region. Coordinates and monitors the
implementation of the civil registration system in the region.
(NSO Procedures Manual, pp. 1-25)
Signs and issues the Certificate of Registration of Authority to
Solemnize Marriage (CRASM) and implements security measures to
preserve the integrity of the CRASM. (Rule 5, Administrative Order
No. 2, Series of 2005)
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82
NOTE:
The Provincial Statistics Office is headed by a Provincial
Statistics Officer (PSO) assisted by the statistical and non-statistical
personnel. Implements and administers the provisions of Act No.
3753 and other pertinent laws on civil registration in the province.
(NSO Procedures Manual, p. 1-26)
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(2)
(3)
84
NOTE:
ISLAMIC RULE ON APPLICATION OF LAWS
The Muslim Code (Article 13) provides certain rules on its
application to marriage and divorce, before we proceed to explain
this provision, three (3) points should be underscored in order to
clearly understand its provisions.
First, in Islamic jurisprudence, law is personal in its application
to the Muslims. This means that the authority of law in Islamic
theory is primarily based on mens conscience, not on political force
or the constitution of a particular political society. Thus, if a Muslim
goes from one state to another, he is bound by the same laws and
even if he does not live within the jurisdiction of an Islamic state,
the Islamic law still applies to his conscience.
Second, the application of Islamic Law to non-Muslims is
entirely territorial. The principle of toleration is based upon the
tradition of Prophet Muhammad when he said: leave alone the nonMuslim and whatever they believe in. For instance, the drinking
of intoxicating liquor is a matter of opinion. The Islamic law will
merely abstain from interfering with a non-Muslim drinking liquor
and it will not enforce against him the sentence of hadd (Islamic
punishment for criminal offence, page 153, Dictionary in Islam by
Thomas Hughes).
Third, in matter of contract, the law of the place of contract
applies. Thus a transaction between a Muslim and non-Muslim
affects the application of Islamic law in the sense that if the contract
is executed in non-Muslim state, the same is not objectable even
though it would be ineffective in law if executed in an Islamic
country. As regards the application of the Muslim Code in matters
of marriage and divorce, it is well to categorize our approach to wit:
(1) the provisions of the Muslim Code on marriage and divorce
automatically apply where both husband and wife are Muslims.
There is no other alternative.
(2) it applies where only the male party is a Muslim and the
marriage is solemnized in accordance with the Muslim Code, upon
agreement of the parties.
(3) it does not apply where a male party is a Muslim and
the female party is non-Muslim and the marriage is solemnized in
accordance with civil law. In this case, the civil law applies.
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86
87
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89
b)
c)
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91
CANONICAL MARRIAGES
Under the Spanish Law, only canonical marriages were
recognized. The requisite form and solemnities for the celebration
of canonical marriages were governed by the rules of the Catholic
Church and the Holy Council of Trent. This kind of marriage
produced all the civil effects of marriage in respect to the persons
and property of the spouses and their descendants. (See: Art. 75 &
76, Civil Code of Spain of 1889 as cited in Marcelino T. Lizaso, The
Civil Code of the Philippines Explained, Vol. 1, p. 3).
CLASSIFICATION OF MARRIAGE
(b)
(c)
(d)
(e)
(f)
(g)
(h)
FORMS OF MARRIAGE
(1)
92
(2)
(3)
(4)
(5)
(6)
(6)
93
(b)
(c)
(d)
(b)
(c)
(d)
(e)
94
(2)
(3)
95
MARRIAGE COUNSELING
Both of the intended spouses are required to undergo marriage
counseling if one or both of them are between 18 and 25 years of
age. The counseling shall be done by a priest or minister or by an
accredited marriage counselor, who shall thereafter certify that such
counseling has been undertaken.
Without the certificate that counseling has been given to the
parties, the issuance of the marriage license will be delayed for
three months. There may be no marriage counseling because the
future spouses do not take it, or there may be no duly accredited
counselor for parties who want a civil marriage. This fact will not
affect the validity of the marriage, even if the license is issued before
the expiration of the prescribed three months, without prejudice to
criminal or administrative responsibility of the local registrar who
issued the license prematurely. (Tolentino, supra, p. 253)
REASON FOR REQUIRING MARRIAGE COUNSELING
The requirement of marriage counseling is another means to
prevent hasty or ill-advised marriages. It is intended to prepare the
youth for entering into the marriage state, with instructions on the
responsibilities of the future couple to each other, to their children
and society. (Tolentino, supra, p. 253)
96
Subject
97
The local civil registrar who shall issue or release the marriage
license in violation of Article 16 of the Family Code shall be subject
to administrative sanctions.
MARCELO M. ORENSE
Administrator & Civil Registrar General
REGISTRATION OF MARRIAGE
Marriage shall be registered in the Office of the Local Civil
Registrar of the place where it was solemnized within 15 days from
the date of its celebration. However, a 30-day reglamentary period is
set by law for marriages of exceptional character, including marriages
in articulo mortis. A marriage solemnized while in transit within the
Philippines territory is registrable at the place of destination or
usual residence of either party. (Manual on Civil Registration,
p. 9).
OCRGS MEMORANDUM RE EFFECTS OF DIVORCE OBTAINED
ABROAD BY AN ALIEN FROM HIS OR HER FILIPINO SPOUSE
Republic of the Philippines
National Statistics Office
Manila
OFFICE OF THE CIVIL REGISTRAR GENERAL
Circular No. 6
9 November 1988
To
Subject
98
2.
3.
4.
2.
99
PANGANIBAN, J.:
Is a judgment voiding a marriage and rendered by the regional
trial court under Rule 108 of the Rules of Court valid and proper?
May its validity be challenged by the wife in a petition for certiorari
against the husband who abandoned her and who is now living
abroad with a foreign woman?
These are the two main issues that were posed before this Court
in this petition for review seeking a partial reversal of the Decision
of the Court of Appeals promulgated September 30, 1993 in CA-G.R.
SP No. 30606 and its Resolution promulgated November 11, 1993,
which denied petitioners motion for partial reconsideration of the
Decision.
The Facts
Petitioner Virginia A. Leonor was married to private respondent
Mauricio D. Leonor, Jr., in San Carlos City on March 13, 1960. Out
of the union, three children, Mauricio III, Ned and Don, were born.
The spouses were separated for a substantial part of their married
life for, while Mauricio resided in Switzerland studying and working,
Virginia stayed in the Philippines working as a nurse in Laguna.
Mauricio became unfaithful and lived with a certain Lynda Pond
abroad. This induced petitioner to institute a civil action in Geneva,
Switzerland for separation and alimony. Private respondent countersued for divorce.
On February 14, 1991, the lower Cantonal Civil Court of
Switzerland pronounced the divorce of the spouses Leonor but
reserved the liquidation of the matrimonial partnership. The said
Swiss Court denied alimony to petitioner. In a letter to the lower
Cantonal Civil Court dated March 1, 1991, Mauricio, for the first
time, raised the issue of the alleged non-existence of the marriage
between him and Virginia. Meanwhile, Virginia learned that the
solemnizing officer in the Philippines, Justice of the Peace Mabini
Katalbas, failed to send a copy of their marriage contract to the Civil
Registrar of San Carlos City for registration. Hence, on July 11,
1991, Virginia applied for the late registration of her marriage. The
Civil Registrar, finding said application in order, granted the same.
On appeal to the higher Cantonal Civil Court, Mauricio asked
for the cancellation of his marriage in the Philippines. On January
17, 1992, the higher Cantonal Civil Court granted petitioner alimony,
prompting Mauricio to elevate the matter on appeal to the Federal
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101
xxx
xxx
102
2.
2.
103
104
cause for faults not attributable to her, but rather to the manifest
error of the respondent trial judge.
So, too, as will be shown shortly, the trial courts decision is
really a nullity for utter want of jurisdiction. Hence, it could be
challenged at any time.
It is not disputed that the original petition in the trial court was
for cancellation of entry in the civil registry of the late registration
of the marriage between Leonor and Mauricio, in consonance with
Section 3, Rule 108 of the Rules of Court. Ground alleged for the
nullity and cancellation of the marriage was non-observance of the
legal requirements for a valid marriage.
Later, on August 22, 1992, an amended petition was filed
adding essentially the following allegations; (a) that there was no
marriage contract, (b) that the marriage was a sham x x x to coverup the (alleged) shame of Virginia Amor who was then pregnant,
(c) that Virginia allegedly assured Mauricio that they need not live
together x x x and Mauricio need not give any support, (d) that the
couple always had trouble (and) quarrel, and (e) that Mauricio had
been transferring residence to avoid Virginia until he went abroad
for good. The answer of the Civil Registrar and the opposition of
Virginia, among others, disputed the propriety of the collateral
attack against the marriage, under said Rule.
The decision of the trial court is, painfully, a sophomoric and
pathetic portrayal of Virginia as allegedly an unbecoming x x x
unmarried woman (who) wormed her to a (sic) heart of the matriarch
of the Leonor Family x x x to summon the son Mauricio to come to
her rescue and as a scheming nurse who lured a struggling young
teacher x x x to this unwelcomed (sic) love affair. These matters,
needless to say, border on the incredible, as they were brought up
some thirty (30) years after the marriage was celebrated in 1960
and only after Virginia discovered her husbands infidelity. The
said decisions crude attempt at literary sophistication is matched
only by its jarring syntax and grammatical incongruencies. Insofar
as this Court can figure out from the convoluted language of the
decision, the trial court (a) declared the marriage null and void and
(b) ordered the local civil registrar of San Carlos City to cancel its
entry in the local civil registry, the sum total of which, coincidentally
(and most conveniently), would enable Mauricio to show to the
Swiss courts that he was never married and thus, to convince said
courts to reverse their order granting alimony to his abandoned
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106
107
108
(2)
(3)
(4)
(5)
109
action under Section 17 Act No. 3753. The action filed in court by the
prosecutor against the party for failure to register shall not suspend
or stop the registration, neither should it be a ground for refusal by
the civil registrar to register the delayed report of birth, death or
marriage or any registrable document.
Rule 46. Delayed Registration of Marriage
(1)
(2)
(3)
(4)
110
years, shall be recorded not later than thirty (30) days after the date
of marriage.
Any marriage which was not recorded in the civil register
within the prescribed period of registration can still be registered
provided that it is reported by the interested party to the concerned
city/municipal civil registrar, and that all supporting papers required
under the rules on delayed registration of marriages are complied
with.
Delayed registration of marriage which was performed on or
after 27 February 1931 shall be governed by pertinent provisions
of Administrative Order No. 1, S. 1993. For marriages which were
performed prior to 27 February 1931, their delayed registration
shall be governed by Circular No. 94-4 (as amended by Circular No.
94-7).
AVAILABILITY OR NON-AVAILABILITY OF CERTIFICATE OF
MARRIAGE (MARRIAGE CONTRACT)
For the purpose of recording a marriage in the civil register, be it
timely or delayed, it is necessary that there should be a documentary
evidence of the performance or existence of the marriage , and such
evidence should be in the standard from the certificate of marriage
or marriage contract.
In delayed registration of marriage, the following conditions
may occur:
1.
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112
2.
3.
4.
113
114
115
b.
NOTE:
Essential Requisite No. 1
Legal Capacity of Contracting Parties (a) means that the
parties must have the necessary age, and Article 5 of the Family
Code provides for a uniform age for the male and for the female
to be eighteen years or upwards, (b) means that there must be
no impediment caused by a prior existing marriage or by certain
relationships by affinity (law) or consanguinity (blood).
The law fixes the minimum age for the male and female, to be
at least 18 years old at the time of the marriage. If the age of one
contracting parties is below 18 years at the time of the celebration of
the marriage, the marriage lack legal capacity, an essential requisite
of marriage.
Under the previous law, the Civil Code, the age of the male
must be at least 16 and the female at least 14 (Art. 54, Civil Code).
It is wise for the Family Code to make the minimum age at 18 years
for both male and female. This provision of the Family Code about
the minimum age now controls.
Indeed, marriage at an early age, like 14 or 16 is not conducive to
a vigorous and healthful union of the parties, let alone, the probable
effect on the physical and economic condition of the parties.
One Filipino psychiatrist calls this marriage as the symbiotic
marriage, where the parties are young and most often inaccessible
to realistic considerations. This is one marriage which ends up in
break-up.
By raising the age to 18 years old at least the parties have
already developed maturity and freedom of judgment. Furthermore,
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117
Ruling:
The Supreme Court ruled that the marriage between Eulogia
and Leoncio was valid rendering the latters marriage to Florencia
null and void.
The High Court further said that a marriage license as
provided for in Article 53, paragraph 4 of the Civil Code (now Article
3, paragraph 1 of the Family Code) and in Section 7 of Act No. 3613,
was not required by General Order No. 68, the law in force on July
10, 1927 when the marriage was entered into by Eulogia and Leoncio.
The marriage certificate attesting that a marriage ceremony was
performed by Minister Wright gives rise to the presumption that
all the legal formalities required by law had been complied with
and fulfilled. If the minister was not authorized to perform such
marriage ceremony, it was incumbent upon Leoncio and Florencia
to show such lack of authority on the part of the minister. Leoncio
and Florencia failed to show that proof.
PROBLEMS ON ESSENTIAL REQUISITES OF VALID
MARRIAGE IN THE PHILIPPINES
Problem No. 1:
Alfred and Belen, both Filipino citizens got married in the
Philippines. Thereafter, they migrated to the US to seek for greener
pasture. After a few years of living in the US, their marriage turned
from bad to worse due to irreconcilable differences. Alfred and Belen
were able to obtain a valid divorce in the US. Belen returned to
the Philippines to marry her childhood sweetheart. Can she validly
remarry in the Philippines?
No, Belen cannot validly remarry in the Philippines. Laws
relating to family rights and duties or to the status, condition and
legal capacity of persons are binding upon citizens of the Philippines,
even though living abroad. (Article 15, Civil Code of the Philippines)
Divorce certainly affects the status and condition of persons. Since
absolute divorce is not recognized in this country except among
Muslims, the absolute divorce obtained by Alfred and Belen in the
US is not valid in the Philippines.
Furthermore, the rule in our country is that absolute divorce
is contrary to public policy. The 3rd paragraph of Article 17 of the
Civil Code states: Prohibitive laws concerning persons, their acts or
property, and those which have for their object public order, public
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119
120
121
b.
c.
a marriage ceremony which takes place with the appearance of the contracting parties before the Solemnizing Officer and their personal declaration that they
take each other as husband and wife in the presence of
not less than two witnesses of legal age (Article 3, EO
209 otherwise known as the Family Code of the Philippines)
NOTE:
Formal Requisite No. 1
Authority of the Person Solemnizing the Marriage.
Under the old Marriage Law (Act No. 3613, Sec. 27), the
marriage was considered completely valid if, at the time of
solemnization, both the spouses or one of them believed in good
faith that the solemnizer was actually empowered to do so and that
the marriage was perfectly legal. Under the Civil Code, however,
the good or bad faith of the parties was immaterial. If the person
performing the marriage had no authority to do so, the marriage
was void, regardless of the good or bad faith of the parties. Under
the Family Code, even if the solemnizing officer is not authorized,
the marriage would be valid if either or both parties believe in good
faith in his authority to solemnize the marriage. (Paras, Civil Code
of the Philippines, Annotated, 15th Edition, p. 373)
122
123
Ruling:
The Supreme Court said that at the time the subject marriage
was solemnized the law governing marital relations was the Civil
Code. The law provides that no marriage shall be solemnized without
a marriage license first issued by the local civil registrar. Being one
of the requisites of a valid marriage, absence of a marriage license
would render the marriage void ab initio.
Evidence showed that there was no marriage license issued
prior to the marriage as indicated by a certificate of due search
and inability to find issued by the local civil registrar. The Rules of
Court authorize the custodian of documents to certify that after a
diligent search, a particular document does not exist in his office or
that a particular entry of a specified tenor was not to be found in the
register. (Section 29, Rule 132, Rules of Court)
As custodian of public documents, civil registrars are public
officials charged with the duty of maintaining a register book where
they are required to enter all applications for marriage licenses. The
certification of due search and inability to find issued by the local
civil registrar enjoys probative value, he being the officer charged
under the law to keep a record of all the data relative to issuance of
marriage license. Unaccompanied by any circumstance of suspicion,
a certificate of due search and inability to find sufficiently proved
that his office did not issue marriage license no. 3196182 to the
contracting parties.
Hence, the marriage between Angelina Castro and Edwin
Cardenas is null and void ab initio on the reason that no marriage
license was issued prior to their marriage.
AN ILLUSTRATIVE CASE WHERE MARRIAGE WAS PRESUMED
SINCE RECORD OF MARRIAGE CANNOT BE FOUND AT
LCRO
Bartolome vs. Bartolome
L-23661, Dec. 20, 1967
Facts:
A man and a woman lived together as husband and wife for
many years, but in the office of Manila Civil Registry, there was no
record that a marriage between them had ever been celebrated.
124
Issue:
Are we to presume that they married?
Held:
Yes, because of their cohabitation for many years. Moreover, the
lack of marriage record in Manila does not rebut the presumption of
marriage, for the marriage could have been celebrated elsewhere.
Formal Requisite No. 3
A Marriage Ceremony. This must be in the presence of not less
than two witnesses of legal age.
A ceremony is required, although no particular form is
needed. And it must be before a duly authorized person. It need
not be written; signs would be sufficient (People vs. Cotas, C.A., 40
O.G. 3154) but in no case would a common-law marriage between
Filipinos be considered as valid, for performance must be before the
proper officer. (See Cruz vs. Catandes, C.A. 39 O.G. 324; Enriquez,
et al. vs. Enriquez, et al., Phil. 565) (Paras, Civil Code of the Phil.
15th Ed. p. 376).
THE LIABILITY OF THE WITNESSES TO THE MARRIAGE
CEREMONY
If a witness vouched for the capacity of either of the contracting
parties, knowing that one of them was already married, he is liable
as an accomplice. But if a witness merely attested to the marriage
ceremony and did not vouch or assert anything as to the personal
qualifications of the parties, he is not liable. (U.S. vs. Gaoiran, et al.,
17 Phil. 404)
AN ILLUSTRATIVE CASE ON THE LIABILITY OF THE WITNESS
TO MARRIAGE CEREMONY
United States vs. Gaoiran, et al.
G.R. No. 5982
November 28, 1910
Facts:
Juan Balicat and Gerarda Sahagun stood as principal sponsors
for the marriage between Maria Manuel and Doroteo Gaoiran, who
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127
fact that the license was wrongly obtained. (Melchor vs. Melchor,
102 Neb 790; 169 NW 720 as cited in the Book The Comparative
laws: The Family Code of the Philippines and The Muslim Code of
Justice Jainal D. Rasul, pp. 63-64)
Marriage license shall be issued by the local civil registrar of
the city or municipality where either contracting party habitually
resides, except in marriage where no license is required in accordance
with Chapter 2 of the Family Code. (Art. 9, Family Code as cited in
Paras, pp. 380-381)
Marriage License is an authority given by the state to its
citizens, to enable them to get married. It is a license issued by the
local civil registrar to the applicants, future husband and wife, who
shall take each other in marriage. It serves as a safeguard that the
requisites for the validity of marriage are complied with. Without
the marriage license, a marriage shall not be valid even if it was
performed by an authorized officer. (Marcelino T. Lizaso, Family
Code of the Philippines, Vol. 1, p. 14)
The License shall be valid in any part of the Philippines for
a period of one hundred twenty days from the date of issue, and
shall be deemed automatically cancelled at the expiration of said
period if the contracting parties have not made use of it. The expiry
date shall be stamped in bold characters of the face of every license
issued. (Article 20, Family Code)
The issuance of the marriage license is within the regulatory
power of the state, to safeguard the compliance with the requirements
of marriage.
The contracting parties in a marriage, before such marriage,
shall go to the local civil registrar of the city or municipality where
either of them habitually resides, to apply for a marriage license.
The marriage license application is accomplished in that office by
the parties, stating therein their personal circumstances, including
those of their parents or guardians. (Marcelino T. Lizaso, pp. 2324).
EFFECT OF LAPSE OF PERIOD
The marriage license is automatically cancelled after the 120
day period following its date. A marriage solemnized after that
period is a marriage without a marriage license. The automatic
cancellation of the license is not a mere irregularity or defect; the
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129
the one hundred twenty-day validity period should start on the day
immediately following the completion of the posting period, which 12
August 1988, whether or not the parties claim the license. The expiry
date of the marriage license is therefore 9 December 1988, the 120th
day from 12 August 1988. This expiry date will remain regardless
of when the concerned parties come to claim the marriage license.
For example, if Mr. M and Miss W applied for license on 11 August
1988. In this case, the date of issue when the one hundred twentyday validity period should start is the day immediately following the
completion of the posting period which is 12 August 1988, whether
or not the parties claim the license. The expiry date of the marriage
license is therefore 9 December 1988, the 120th day from 12 August
1988. This expiry date will remain regardless of when the concerned
parties come to claim the marriage license. For example, if Mr. M
and Miss W actually claim the marriage license on 31 August 1988,
which should be the date of release (as distinguished from the date
of issue which is 12 August 1988), it means that they have only one
hundred days left whereby they can use the marriage license. If the
parties claim the marriage license on 15 December 1988, the LCR
may still release the license but the parties cannot make use of it
anymore because it has already expired. It the parties still want to
get married after the expiration of the license, they must apply for a
new license.
As to the stamping of the expiry date of the license on its face in
bold characters, every Local Civil Registrar shall provide for himself
with a rubber stamp bearing the following impression: THIS
LICENSE EXPIRES ON ______________. The Regional/Provincial
Census Officers are hereby instructed to monitor the implementation
of this Circular within their respective area of jurisdiction.
MARCELO M. ORENSE
Administrator &
Civil Registrar General
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131
132
2.
REMEDIAL LAW; EVIDENCE; PROOF OF LACK OF
RECORD; EFFECT; CASE AT BAR. Section 29, Rule 132 of the
Rules of Court, authorized the custodian of documents to certify that
despite diligent search, a particular document does not exist in his
office or that a particular entry of a specified tenor was not to be found
in a register. As custodians of public documents, civil registrars are
public officers charged with the duty, inter alia, of maintaining a
register book where they are required to enter all applications for
marriage licenses, including the names of the applicants, the date
the marriage license was issued and such other relevant data.
The certification of due search and inability to find issued by the
civil registrar of Pasig enjoys probative value, he being the officer
charged under the law to keep a record of all data relative to the
issuance of a marriage license. Unaccompanied by any circumstance
of suspicion and pursuant to Section 29, Rule 132 of the Rules of
Court, a certificate of due search and inability to find sufficiently
proved that his office did not issue marriage license no. 3196182 to
the contracting parties.
3.
ID.; ID.; TESTIMONY OF THE PETITIONER; WHEN
CORROBORATING TESTIMONY NOT NECESSARY; CASE AT
BAR. The fact that private respondent Castro offered only her
testimony in support of her petition is, in itself, not a ground to deny
her petition. The failure to offer any other witness to corroborate
her testimony is mainly due to the peculiar circumstances of the
case. It will be remembered that the subject marriage was a civil
ceremony performed by a judge of a city court. The subject marriage
is one of those commonly known as a secret marriage a legally
non-existent phrase but ordinarily used to refer to a civil marriage
celebrated without the knowledge of the relatives and/or friends
of either or both of the contracting parties. The records show that
the marriage between Castro and Cardenas was initially unknown
to the parents of the former. Surely, the fact that only private
respondent Castro testified during the trial cannot be held against
her. Her husband, Edwin F. Cardenas, was duly served with notice
of the proceedings and a copy of the petition. Despite receipt thereof,
he chose to ignore the same. For failure to answer, he was properly
declared in default. Private respondent cannot be faulted for her
husbands lack of interest to participate in the proceedings. There
was absolutely no evidence on record to show that there was collusion
between private respondent and her husband Cardenas.
133
DECISION
PUNO, J p:
The case at bench originated from a petition filed by private
respondent Angelina M. Castro in the Regional Trial Court of
Quezon City seeking a judicial declaration of nullity of her marriage
to Edwin F. Cardenas. As ground therefore, Castro claims that no
marriage license was ever issued to them prior to the solemnization
of their marriage.
Despite notice, defendant Edwin F. Cardenas failed to file his
answer. Consequently, he was declared in default. Trial proceeded
in his absence.
The controlling facts are undisputed:
On June 24, 1970, Angelina M. Castro and Edwin F. Cardenas
were married in a civil ceremony performed by Judge Pablo M.
Malvar, City Court Judge of Pasay City. The marriage was celebrated
without the knowledge of Castros parents. Defendant Cardenas
personally attended to the processing of the documents required
for the celebration of the marriage, including the procurement of
the marriage license. In fact, the marriage contract itself states
that marriage license no. 3196182 was issued in the name of the
contracting parties on June 24, 1970 in Pasig, Metro Manila.
The couple did not immediately live together as husband and
wife since the marriage was unknown to Castros parents. Thus, it
was only in March 1971, when Castro discovered she was pregnant,
that the couple decided to live together. However, their cohabitation
lasted only for four (4) months. Thereafter, the couple parted ways.
On October 19, 1971, Castro gave birth. The baby was adopted by
Castros brother, with the consent of Cardenas.
The baby is now in the United States. Desiring to follow her
daughter, Castro wanted to put in order her marital status before
leaving for the States. She thus consulted a lawyer, Atty. Frumencio
E. Pulgar, regarding the possible annulment of her marriage.
Through her lawyers efforts, they discovered that there was no
marriage license issued to Cardenas prior to the celebration of their
marriage.
As proof, Angelina Castro offered in evidence a certification
from the Civil Register of Pasig, Metro Manila. It reads:
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135
136
137
void for lack of a marriage license does not discount the fact that
indeed, a spurious marriage license, purporting to be issued by the
civil registrar of Pasig, may have been presented by Cardenas to the
solemnizing officer.
In fine, we hold that, under the circumstances of the case,
the documentary and testimonial evidence presented by private
respondent Castro sufficiently established the absence of the subject
marriage license.
IN VIEW WHEREOF, the petition is DENIED there being no
showing of any reversible error committed by respondent appellate
court.
SO ORDERED.
Narvasa, C.J., Padilla, Regalado and Mendoza, JJ., concur.
VALIDITY OF MARRIAGE THAT TOOK PLACE BEFORE
ISSUANCE OF MARRIAGE LICENSE
A marriage which took place a day before the issuance of the
marriage license is void; the subsequent issuance of such license
cannot render valid or even add an iota of validity to the marriage
nor ratify it. (People vs. De Lara, C.A. L-12585-R, Feb. 15, 1955,
Marcelino T. Lizaso, The Family Code of the Philippines Explained,
p. 14).
ISSUANCE OF MARRIAGE LICENSE DESPITE KNOWLEDGE
OF IMPEDIMENT
The Family Code provides that In case of any impediment
known to the local civil registrar or brought to his attention, he
shall note down the particulars thereof and his findings thereon in
the application for a marriage license, but shall nonetheless issue
said license after the completion of the period of publication, unless
ordered otherwise by a competent court at this own instance or that
of any interested party. (Article 18, Family Code)
Therefore, knowledge of the local civil registrar of the existence
of any impediment to the marriage shall not prevent the issuance
of marriage license after the 10-day publication unless ordered by
a competent court upon petition of the local civil registrar or any
interested party. It means that the duty of the civil registrar to issue
the marriage license is ministerial after the 10-day publication.
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139
For your guidance in issuing marriage license, we are providing you a copy of the Resolution from the Officer of the Deputy Ombudsman fro Luzon in connection with Case No. OMB-1-98-0936
(Doroteo B. Ferrer, Jr. vs. MCR Filipina Herico), 30 July 1999.
In this case, the rule that no application for marriage license
shall be accepted unless the applicants comply with the requirements
of the law was upheld by the Ombudsman.
For the Civil Registrar General
CARLITO B. LALICON
Civil Registry Coordinator
Copy furnished:
All Regional Directors
All Provincial Statistics Officers
All District Statistics Officers
All Statistical Coordination Officers
140
OMB-1-98-09336
For Violation of Section 3(e) of
Republic Act 3019; Section 5(c)
Of Republic Act 6713
FILIPINA HERICO
Local Civil Registrar
Labo, Camarines Norte
Respondent
X=================================================X
RESOLUTION
Before this Office is a complaint filed by Doroteo B. Ferrer, Jr.
against Filipina Herico, Local Civil Registrar for violating Section
3 (e) of Republic Act 3019 otherwise known as the Anti-Graft
and Corrupt Practices Act and Section 5 (c) of Republic Act 6713
(Code of Conduct and Ethical Standards for Public Officials and
Employees).
Complainant alleged that on November 10, 1997, complainant,
together with Eleonor Torilla, went to the Office of the Civil Registrar
of Labo, Camarines Norte (where respondents hold office) to apply
for a marriage license in view of their impending marriage scheduled
on the 5th day of January 1998. After paying the required fees
and submitting their respective live birth certificates, respondent
required them to sign a blank application form for marriage license.
On December 29, 1997, complainants sister-in-law, Araceli Barrios,
submitted to said Office the family planning certificate. Meanwhile,
141
complainant started preparing all the things needed for the wedding
including the printing and distribution of the wedding invitations.
On January 02, 1998, complainant went to respondents office in
order to get the marriage license. But then, he was informed that
his application for marriage license was not processed because of his
failure to submit on time the family planning certificate. Complainant
pleaded to respondent to reconsider her position. But the latter was
adamant. Respondent likewise returned all the documents submitted
by complainant which include Municipal Form Nos. 90 and 94 and
Civil Registry Form No. C, which are all in blank forms. In order to
save further humiliation and embarrassment, complainant decided
on that day to apply for a marriage license with the Office of the Civil
Registrar of Daet, Camarines Norte. It was acted upon by said Office
with dispatch. Thus, on January 12, 1998, the wedding proceeded
as scheduled, because of respondents inaction on complainants
application for marriage, the presentation is instituted.
In her counter-affidavit, respondent explained that before
a marriage license can be issued, a ten-day posting period, after
submitting all the requirements, should be observed. In the case
of complainant, since the family certificate was submitted only on
December 29, 1997, the posting period will commence on the following
day or on December 30, 1997.Obviously, the marriage license cannot
be issued before or even on the intended date of marriage, January
05, 1998. On the day when Araceli Barrios submitted complainants
family planning certificate, the latter requested, before leaving, if
they can antedate the star of the posting period of complainants
applicant for marriage license. Thereafter, Mr. Fortunato Buerano
(father of Araceli and uncle of complainants fiance), who was once
an ex-officio local civil registrar, came Mr. Buerano pleaded that
since her nieces date of marriage is set on the 5th day of January,
1998, the star of the posting period be made earlier than December
29, 1997 so that the marriage license can be released prior to January
05, 1998. But respondent stood firm on her decision even after
she was summoned by mayor Tenorio regarding the said matter.
In order to justify her stand, respondent submitted a copy of the
Guidelines in Issuing Marriage License of Carlito B. Lalicon, Civil
Registry Coordinator of the Office of the Civil Registrar General of
the National Statistics Office, as well as affidavits of Arlene Lacson
and Noemi V. Pareza, respondents co-employee in the Office of the
Municipal Civil Registrar.
In his reply, complainant alleged that previously, the tenday posting period starts on the day following the submission
142
143
144
145
DECISION
VILLA-REAL, J p:
H. Janssen appeals to this court from the judgment of the Court
of First Instance of Antique convicting him of a violation of section
2 of Act No. 3412, and sentencing him to pay a fine of P200, with
subsidiary imprisonment in case of insolvency at the rate of one day
for every 12 1/2 pesetas, and to pay the court costs.
In support of his appeal, the appellant assigns the following
alleged errors as committed by the court a quo in its decision, to
wit:
The trial court erred:
1.
2.
3.
4.
5.
146
147
place in the building where he has his office, a notice setting forth
the full names and domiciles of the applicants for marriage licenses,
their respective ages, and the names of their parents if living or of
their guardians if otherwise. At the expiration of this term, a license
shall issue: Provided, however, That in case any such applicant states
in writing and under oath that the rules and practices of the church,
sect, or religion under which such applicant desires to contract
marriage require banns or publications prior to the solemnization of
the marriage, it shall not be necessary for the municipal secretary
to make the publication required in this paragraph, and in this case
the license shall issue immediately after the filing of the application
and shall state the church, sect, or religion in which the marriage is
to be solemnized.
While it is true that section 2 of Act No. 3412 quoted above,
requires the municipal secretary to post a notice for ten days
upon a conspicuous place of the building where he has his office,
setting forth the names, surnames, and residence of applicants for a
license to contract marriage, their age, the names of their parents,
if alive, or of their guardians, as the case may be, before issuing
the license applied for, the same section contains a proviso to the
effect that when the contracting parties desire to marry in a church
which requires previous proclamation before the celebration of the
marriage, there is no need of said publication. The only doubt is
whether said proclamation must be made during ten days, as in the
publication in case the marriage is not celebrated in a church. The
law simply says that if the marriage takes place in a church whose
rules and practices require proclamation, the license applied for
shall at once be issued, and it does not say that the proclamation
required by said church is to be made during ten days. As section 2
of Act No. 3412 is penal in character, it should be strictly construed.
And as said section does not require that the proclamation be made
during ten days, but that it is sufficient that the church in which the
marriage is to take place requires a proclamation, it is immaterial
how many days said proclamation is made in.
For the foregoing considerations, we are of opinion and so hold
that the defendant-appellant did not violate section 2 of Act No.
3412 in solemnizing the marriage of Pedro N. Cerdea and Juana
S. del Rosario after two proclamations, before ten days were up,
the third proclamation having been dispensed with by a competent
ecclesiastical authority.
The trial court was also of opinion that the defendant-appellant
was bound to investigate whether the license was issued by an
148
(b)
(c)
(d)
149
150
151
152
marriage was attacked on the ground that the marriage was not a
marriage in articulo mortis because she was able to recover from her
illness, and that the parish priest who solemnized the marriage did
not execute an affidavit stating that the marriage was celebrated in
articulo mortis.
Issue:
Is the marriage between Felipe and Matea valid?
Ruling:
Yes, the Supreme Court said that the marriage between Felipe
and Matea is valid. The fact that Matea was able to recover from her
illness is not her fault. In order to classify the marriage as a marriage
in articulo mortis, the law does not require that the party who is
at the point of death must die immediately after the celebration of
marriage. All that is necessary is that the parties, including the
priest or solemnizing officer, must be convinced that there was an
imminent danger of death. This circumstance is obviously present
under the facts stated in the problem.
As far as the affidavit is concerned, although it is supposed
to be substituted for the marriage license, nevertheless, it must be
observed that the execution thereof is a duty that is addressed to
the priest or solemnizing officer and not to the contracting parties.
Failure to execute such affidavit should not, therefore, affect the
validity of the marriage. Besides, the law is explicit with regards to
the essential requisites of marriage, and certainly, the execution of
such affidavit is not one of them.
Any officer, priest, or minister who, having solemnized a
marriage in articulo mortis or any other marriage of an exceptional
character (now marriage exempt from license requirement), fails
to comply with the provisions of Chapter 11 of this Act, shall be
punished by imprisonment of not less than one month nor more
than two years, or a fine of not less than three hundred pesos nor
more than two thousand pesos, or both, in the discretion of the court.
(Section 42) (N) (Administrative Order No. 1, Series of 1993, Rule
70(5), p. 42)
153
154
155
156
his first wife had separated in fact and thereafter both Pepito and
Norma had started living with each other that has already lasted for
five years, the fact remains that their five-year period of cohabitation
was not the cohabitation contemplated by law. It should be in the
nature of a perfect union that is valid under the law but rendered
imperfect only by the absence of marriage contract. Pepito had a
subsisting marriage with Teodulfa at the time when he started
cohabiting with Norma. It is immaterial that when they lived with
each other, Pepito had already been separated in fact from Teodulfa,
his lawful spouse. The subsistence of the marriage even where there
was actual severance of filial relationship between the spouses
cannot make any cohabitation by either spouse with any third party
as being one as husband and wife.
Therefore, the second marriage not having been covered by the
exception to the requirement of marriage license, it is void ab initio
because of the absence of such element.
PROBLEMS ON THE VALIDITY OF MARRIAGE WITHOUT
MARRIAGE LICENSE WHERE THE PARTIES HAVE LIVED
TOGETHER AS HUSBAND AND WIFE FOR AT LEAST FIVE
YEARS
(a)
(b)
157
158
between Tomasa and Alfredo. It has been held in a long line of cases
decided by the Court that marriage may be proven by competent and
relevant evidence. Testimony by one of the parties to the marriage;
or by one of the witnesses to the marriage, has been held to be
admissible to prove the fact of marriage. The person who officiated
at the solemnization of the marriage is also competent to testify as
an eyewitness to the fact of marriage.
Although the marriage contract is considered primary evidence
of marriage, the failure to present it is not proof that no marriage
took place. Other evidence may be presented to prove the marriage.
Pedro misplaces emphasis on the absence of an entry in the Books of
Marriage of the Local Civil Registrar of Manila and in the National
Census and Statistics Office (now National Statistics Office). He
finds it quite bizarre for Tomasa to have waited for three years
before registering their marriage.
On both counts, Pedro proceeds from a wrong premise. In the
first place, failure to send a copy of the marriage certificate for record
purposes does not invalidate the marriage. In the second place, it
was not Tomasas duty to send a copy of the marriage certificate to
the Civil Registrar.
Semper praesumitur pro matrimonio always presume
marriage. The basis of human society throughout the civilized
world is that of marriage. Marriage in our country is not only a civil
contract, but it is a new relation, an institution in the maintenance of
which the public is deeply interested. Consequently, every intention
of the law leans toward legalizing marriage. Persons dwelling
together in apparent matrimony are presumed, in the absence of
any counter-presumption or evidence special to the case, to be in
fact married. The reason is that such is the common order of society,
and if parties were not what they thus hold themselves out as being,
they would be living in constant violation of decency and of law. A
presumption established by the Rules of Court is that a man and a
woman deporting themselves as husband and wife have entered into
a lawful contract of marriage. Given the undisputed fact that T and
A have lived together as husband and wife, the presumption is that
they are validly married.
159
160
161
162
both parties to ratify their union according to the rites of his Church.
Both agreed. Whereupon the priest heard the confession of the bedridden old woman, gave her Holy Communion, administered the
Sacrament of Extreme Unction and then solemnized her marriage
with Felipe Apelan Felix in articulo mortis, Carmen Ordiales and
Judith Vizcarra acting as sponsors or witnesses. It was then January
29 or 30, 1945.
After a few months, Matea recovered from her sickness; but
death was not to be denied, and in January 1946, she was interred
in Pasay, the same Fr. Bautista performing the burial ceremonies.
On May 12, 1952, Arsenio de Loria and Ricarda de Loria filed
this complaint to compel defendant to render an accounting and to
deliver the properties left by the deceased. They are grandchildren
of Adriana de la Cruz, sister of Matea, and claim to be the only
surviving forced heirs of the latter. Felipe Apelan Felix resisted the
action, setting up his rights as widower. They obtained favorable
judgment in the court of first instance, but on appeal the Court of
Appeals reversed and dismissed the complaint.
Their request for review here was given due course principally
to consider the legal question-which they amply discussed in their
petition and printed brief whether the events which took place in
January 1945 constituted, in the eyes of the law, a valid and binding
marriage.
According to the Court of Appeals:
There is no doubt at all in the mind of this Court, that Fr.
Gerardo Bautista, solemnized the marriage in articulo mortis
of Defendant Apelan Felix and Matea de la Cruz, on January
29 and 30, 1945, under the circumstances set forth in the
reverends testimony in court. Fr. Bautista, a respectable old
priest of Pasay City then, had no reason to side one or the other.
. . . Notwithstanding this positive evidence on the celebration or
performance of the marriage in question, Plaintiffs-Appellees
contend that the same was not in articulo mortis, because Matea
de la Cruz was not then on the point of death. Fr. Bautista
clearly testified, however, that her condition at the time was
bad; she was bed-ridden; and according to his observation, she
might die at any moment (Exhibit 1), so apprehensive was he
about her condition that he decided in administering to her the
sacrament of extreme unction, after hearing her confession.
. . . . The greatest objection of the Appellees and the trial court
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164
165
166
Subject
167
168
corollary therefore must be that the marriage does not become valid
at all. Since the evidence clearly showed that the issuance of the
marriage license was vitiated with fraud and grossly violative of Art.
66 of the Civil Code, the court has no other alternative but to declare
said marriage null and void ab initio (Carino vs. Macapagal, Civil
Case No. 2619, CFI of Pampanga, citing People vs. Merle C. Whipkey,
CA-G, R. No. 12590-Cr. Feb. 6, 1973).
6.
In view of the expressed prohibition for American Consular
Officers under the Foreign Service Regulations of the U.S.A. to certify
as to the status or capacity to marry of persons domiciled in the U.S.A
wishing to be married abroad, the condition imposed under Sec. 13,
par. 3 of Act 3613 (now, Article 21 of the Family Code) becomes
impossible to perform. The situation thus created is analogous to
one where the country of the alien applicant has no consular officer
in the Philippines. Therefore in both cases, the condition imposed
by law becomes impossible to perform. Since the legal requirement
has become impossible for literal compliance, the general principles
of law may be resorted to in order to attain the purpose of the law
(Art. 6 of Civil Code). With respect to the provision requiring the
presentation of the baptismal or birth certificates of the contracting
parties, the law allows in lieu thereof, a sworn declaration of two
witnesses and totally dispense with the requirement under certain
conditions. By analogy, it is believed therefore, that affidavits of
the citizens of the U.S.A. who are parties to a proposed marriage,
executed before the Consul of the U.S.A. may be accepted in lieu of
the certificates of legal capacity to marry. (Unnumbered Opinion,
Secretary of justice, Oct. 5, 1946).
7.
In the instant case, Taiwan has no diplomatic or consular
office in the Philippines in view of the absence of diplomatic
relations between the two countries. However, we are informed that
cooperation in the fields of economic, trade, cultural and scientific
matters between Taiwan and the Philippines is made possible
through Taiwans Pacific Economic and Cultural Center (PECC) in
the Philippines, and our own Asian Exchange Center, Inc. (ASECTAI)
in Taipei. We are also informed that PECC extends assistance to
Taiwanese nationals on matters involving their private affairs.
In view of the foregoing, it is believed that the certification as
to the civil status of Mr. Stephen Cheung Zoo issued by the Pacific
Economic and Cultural Center would be sufficient compliance with
the requirement provided for in Article 66 of the Civil Code). (Opinion
No. 112, S. 1989, Secretary of Justice).
169
8.
A British citizen who wishes to contract marriage in the
Philippines shall present to the Consular Section of the British
Embassy a Certificate of No Impediment (CNI) issued by Local
Registrar of Marriages in the United Kingdom. (The Registrar
requires the applicant for CNI to appear personally before him, and
the notice of marriage will have to be posted on his notice board
for 22 days before issuing a CNI.) Based on the CNI issued by the
Registrar of Marriages in the United Kingdom, the Consular Section
of the British Embassy in Manila will issue the certificate of No
Impediment to a British citizen who wishes to contract marriage in
the Philippines.
In case the British citizen is unable to obtain CNI from the
Registrar of Marriage in the United Kingdom before arriving in the
Philippines, he shall comply with the formalities laid down in the
Marriage with Foreigners Act 1906. This Act requires the British
citizen to reside in the Philippines for 21 clear days before the
Consular Section is permitted to accept the notice of his intended
marriage and this period of residence must be immediately prior to
acceptance of the notice.
21 clear days means that the Consular Section cannot count
the day the British citizen arrives in the Philippines or the day he
submits the notice of intention to marry; so the date he submits the
notice to the Consular Section should be at least, the 23rd day he
has been residing in the Philippines.
When the British citizen gives notice of his intended marriage,
he will be required to swear an affidavit before the Consular Officer
to the effect that he is not aware of any impediment to the marriage.
The notice of marriage will then be displayed in a public place in the
British Embassy for a further 21 clear days (excluding the day he
swears the affidavit). The CNI may be issued the day after the 21
clear day period has elapsed.
To complete this CNI process, the British citizen must therefore
have been in the Philippines for a minimum of 45 days. (British
Embassy, Manila, 14 September 1988).
9.
Stateless person, refugee or a citizen of a country which
does not have embassy or consulate in the Philippines shall execute
an affidavit before a person authorized to administer oath stating
the circumstances showing such capacity to contract marriage and
shall submit the same to the concerned civil registrar in lieu of the
certificate of legal capacity to contract marriage.
170
2.
171
Copy furnished:
Regional Directors
Provincial Statistics Officers
District/Statistical Officers
SAMPLE OF AFFIDAVIT IN LIEU OF CERTIFICATE OF LEGAL
CAPACITY TO CONTRACT MARRIAGE ISSUED BY U.S.
EMBASSY FOR AMERICAN CITIZENS
Embassy of the United States of America
Manila, Philippines
AFFIDAVIT IN LIEU CERTIFICATE OF LEGAL CAPACITY
TO CONTRACT MARRIAGE FOR AMERICAN CITIZENS
Republic of the Philippines
City of Manila
Embassy of the United States of America
)
)
)
2.
3.
4.
5.
6.
(Signature)
172
173
the affidavit;
U.S. passport;
174
175
176
177
showing that the marriage did not take place. (See: Fernandez
vs. Puatder, L-10071, Oct. 31, 1957)
However, in the case of Silva, et al. vs. Peralta (L-13144,
Nov. 25, 1960) it was shown that there was no proof of the
alleged marriage, between the man and the woman, except the
testimony of the woman and her counsel and the fact of their
cohabitation. It was shown also that at one time, the girl stated
that she was common-law-wife of the man, and at another
time in affidavit she also alleged that she was single. And the
testimony was even not clear as to who solemnized the alleged
marriage. The court held that no marriage took place. (Family
Code of the Philippines Explained, Marcelino T. Lizaso, Vol. 1,
1989 Edition, Central Law Book Publishing Co., Inc. pp. 4446)
AN ILLUSTRATIVE CASES WHERE SOLEMNIZING OFFICER
FAILED TO SEND COPY OF MARRIAGE CERTIFICATE TO
LCRO
Tugeda vs. Trias, et al.
L-16925, March 31, 1962
Facts:
The existence of a marriage was the issue involved in this
case. No record of the alleged marriage existed in the record
of marriages in the municipality where it was alleged to have
been celebrated. Moreover, the solemnizing officer allegedly
failed to send a copy of the marriage certificate to the civil
registry. Upon the other hand, the fact of marriage was sought
to be established by the following:
(a)
(b)
(c)
178
Held:
The marriage existed, in view of the proofs presented.
Incidentally, the failure of the solemnizing officer to send copy
of the marriage certificate is not a fatal defect, the certificate
not being a essential requisite for marriage. (as cited by Paras,
Civil Code in the Philippines Annotated, Fifteenth Edition
2002, Vol. 1, pp. 390-391)
AN ILLUSTRATIVE CASE WHERE PARISH PRIESTS FAILURE
TO EXECUTE AFFIDAVIT THAT MARRIAGE WAS CELEBRATED
IN ARTICULO MORTIS
De Loria, et al. vs. Felix
G.R. No. L-9005
June 20, 1958
Facts:
Felipe Apelan Felix and Matea de la Cruz were married
without a marriage license due to the pronouncement of the
latters physician that her illness was incurable and that she
was going to die at any time. When she died one afterwards,
the validity of her marriage was challenged on the ground that
the marriage was not a marriage in articulo mortis because she
was able to recover from her illness, and that the parish priest
who solemnized the marriage did not execute an affidavit
stating that the marriage was celebrated in articulo mortis.
Issue:
Is the marriage between Felipe and Matea valid despite
the failure of the parish priest solemnizing it to execute an
affidavit?
Ruling:
The Supreme Court said that the marriage between
Felipe and Matea is valid. As far as the affidavit is concerned,
although it is supposed to be substituted for the marriage
license, nevertheless, it must be observed that the execution
thereof is a duty that is addressed to the person solemnizing
the marriage. Failure to execute such affidavit should not
therefore affect the validity of the marriage. Besides, the law
is explicit with regards to the essential requisites of marriage,
179
180
181
182
183
184
(b)
(c)
(d)
185
186
b.
c.
187
NOTE:
The above requirements shall be subscribed and sworn to
and shall be submitted to OCRG. Without those documents, the
application of the solemnizing officer for registration will not be
accepted.
A religion or religious sect is deemed operating when a
great number of Filipino profess it as shown by census records.
Questionnaires used during censuses of population and various
surveys of NSO carry an item of information concerning religious
affiliation. Civil Registration forms such as Certificate of Live
Birth, Certificate of Death, and Certificate of Marriage also carry
this information. Hence, these documents are sufficient proof that a
particular religion or religious sect is operating in the Philippines.
CONSTITUTIONALITY OF GOVERNMENT OFFICE ON DETERMINING WHETHER THE CHURCH, SECT, OR RELIGION OF
THE APPLICANT TO SOLEMNIZE MARRIAGE OPERATES IN
THE PHILIPPINES IS IN GOOD REPUTE
The Constitutionality of Section 34 was assailed in one case.
Its validity was upheld. It was observed that what Sec. 34 of
Act 3613 confers upon the Director of the National Library (now
Administrator of the National Statistics Office) is the duty which,
of course, carries with the power to satisfy himself whether the
church, sect or religion of the applicant operates in the Philippines
and is in good repute. The duty thus conferred is not of inquiry
into the organization or doctrine of a particular church or religion,
but a duty to distinguish and discriminate between a legitimately
established religion or church and one that pretends to be as such,
188
189
2)
Ruling:
Yes, the bishops and priests of the faction headed by
Bishop Jamias can renew their application for the authority to
solemnize marriage pending decision of the court.
The Supreme Court said that there is nothing in the
record which shows that the Philippine Independent Church
or its faction headed by Bishop Jamias does not fulfill the good
refute condition obligating the Director of Public Libraries,
under Section 34 of Act No. 3613, to issue the authorization to
solemnize marriage, or that said church or faction has lost said
qualification as a result of which, according to Section 35 of
the same law, the authorization may be cancelled. The second
ground provided by the same Section 35 cannot be considered
in this case because the question as to who are the lawful
authorities of said church is yet to be settled in the pending
litigation before the Court of First Instance of Manila.
The High Court further said that there is no allegation or pretense to the effect that the bishops and the priests of the faction
190
headed by Bishop Jamias have disqualified themselves from continuing to solemnize marriages. The conflict between the two factions,
until finally decided by the competent court, cannot have the effect
of automatically divesting the members of one group or the other of
their legal rights as bishops and priests of the Philippine Independent Church. Until the litigation is finally decided, both groups are
entitled to represent themselves as members of the same church to
which they belonged before the conflict has arisen. Until the pending litigation is finally decided, the Director of Public Libraries has a
ministerial duty to issue authorization to solemnize marriages to the
bishops and priests of the group headed by Bishop J as bishops and
priests of the Philippine Independent Church. The followers of the
said faction, in the meantime, should not be deprived of the means
of satisfying one of their fundamental necessities, that their marriages be solemnized by bishops and priests they recognize as true
representatives of their religion in whom they have faith. To compel
them against their conviction to have their marriages solemnized by
bishops and priests of the opposing faction or of other religions is to
violate their freedom of worship. The members of the said religious
group who want to be married should not be kept waiting for an indefinite period pending final decision of the litigation.
RULE 3 DUTIES OF THE CIVIL REGISTRAR GENERAL
3.1. Keeps and maintains
solemnizing officers;
the
national
database
of
191
and shall enforce the provisions of this Act (Act No. 3753 The
Civil Registry Law). The Director of the National Library, (now NSO
Administrator), in his capacity as Civil Registrar General, is hereby
authorized to prepare and issue, with the approval of the Secretary
of Justice, (now National Economic and Development Authority),
regulations for carrying out the purposes of this Act, and to prepare
and order printed the necessary forms for its proper compliance. In
the exercise of his functions as Civil Registrar General, the Director
of the National Library (now NSO Administrator) shall have the
power to give orders and instructions to the local civil registrars
with reference to the performance of their duties as such. It shall
be the duty of the Director of the National Library (now NSO
Administrator) to report any violation of the provisions of this
Act and all irregularities, negligence or incompetency on the part
of the officers designated as local civil registrars to the (Chief of
the Executive Bureau or the Director of the Non-Christian Tribes),
as the case may be, who shall take the proper disciplinary actions
against the offenders. (Civil Registry Law-Act No. 3753)
The Civil Registrar General (CRG) is the same person as the
Administrator of the National Statistics Office (NSO). Prior to 27
February 1931, there was no CRG, as the system of civil registration
was purely local government affairs. It was only when Act No. 3753
took effect on 27 February 1931 that the system was centralized with
the Director of the National Library being designated as the Civil
Registrar General. Section 2 of Act No. 3753 provides among others
that The Director of the National Library shall be Civil Registrar
General and shall enforce the provisions of this Act.
However, when Commonwealth Act No. 591 was enacted
on 19 August 1940, the civil registration function of the National
Library was transferred to the Bureau of the Census and Statistics
(now, NSO). Section 2(f) of this law provides that one of the powers,
functions and duties of the Bureau of the Census and Statistics is
To carry out and administer the provisions of Act No. 3753, entitled
An Act to Establish a Civil Register.
With regard to the implementation of R.A. No. 9048, two of the
most important powers and functions of the CRG are to impugn the
decisions of C/MCRs, CGs and D/CRs and to promulgate rules and
regulations. (Manual of Instructions, R.A. No. 9048, pp. 6-7).
The Civil Registrar General shall have technical control and
supervision on civil registrars and officials mentioned in Rule 3 (1).
192
193
(b)
(c)
(d)
194
NOTE:
The NSO Regional Office shall receive all applications for
the issuance of the Certificate of Registration and Authority to
Solemnize Marriage (CRASM) and release the same through the
NSO Provincial office, if all necessary requirements are complied
with.
The issuance of CRASM by the Regional Office is facilitated
with the use of the decentralized Solemnizing Officers Information
System or SOIS.
RULE 6 DUTIES OF THE PROVINCIAL STATISTICS OFFICER
6.1
b.
c.
6.6
6.7
6.8
6.9
195
Bishop
b.
c.
d.
Priest
e.
Imam
f.
Tribal Head/Chieftain
g.
NOTE:
Tribal heads/chieftains are included in the enumeration of those
who are required to register their authority to solemnize marriage
pursuant to DOJ Opinion No. 179, Series of 1993, provided that
196
aside from being the social and political leader of their respective
tribes, they also stand as their priest or religious leader.
Pursuant to DOJ Opinion No 13, Series of 2005, Imams are
not required to register their authority to solemnize marriage
with the Office of the Civil Registrar General, when the parties
to the marriage both are Muslims, or the male party is a Muslim
and the marriage is solemnized under the Muslim Law. (New
Procedures in the Registration of Authority to Solemnize Marriage,
A Paper Presented by Editha R. Orcilla, 4th National Convention of
Solemnizing Officers, Bacolod City, August 9-11, 2005).
7.2
Where to Apply
All SOs enumerated under Rule 7.1 shall secure and file their
application forms for registration from the NSO Provincial Office
of the province where the church, temple or chapel is situated.
NOTE:
Solemnizing Officers will secure the application forms from the
Provincial Offices of the National Statistics Office where the church.
Temple, chapel or mosque is situated. The Provincial Statistics
of NSO accepts the duly accomplished application forms together
with the supporting documents. The same will be submitted to NSO
Regional Director for review and evaluation of the application and
subsequently issue the Certificate of Registration of Authority to
Solemnize Marriage (CRASM) to applicants.
7.3
When to Apply
197
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
198
b.
c.
d.
b.
c.
d.
e.
f.
g.
199
c.
d.
e.
f.
NOTE:
Republic Act No. 6514 is an Act Providing that the Authorization
to Solemnize Marriage issued to Priests, Ministers or Rabbis shall
be valid for a period of three years the same to expire on the thirty
first day of December of every third year, amending for the purpose
Article Ninety-Five of the Civil Code of the Philippines.
Meanwhile, the present Administrative Order requires proof
of attendance in an orientation seminar conducted by NSO for
Solemnizing Officers as well as certified true copy of his/her certified
live birth, two by two colored ID pictures with white background
and with signatures at the back taken not more than a month ago
from the date of application. Pictures here should not be computer
generated and eye glasses should be removed, if using one.
7.5 Fees
Pursuant to Executive Order No. 197 issued by President
Joseph Ejercito Estrada on January 13, 2000 and implemented on
April 4, 2000, the SOs shall pay the following fees:
For each registration and issuance of authority
to solemnize marriage
Php 500.00
200
Php 100.00
Php 100.00
Php 100.00
Php 100.00
201
150.00
100.00
50.00
50.00
150.00
75.00
202
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
203
204
205
206
b.
c.
d.
e.
207
208
209
APPENDICES
210
211
Appendix 1
OCRG-SO Form No. 1
Revised March 2005
(To be accomplished in triplicate)
Attach 2 x 2 picture
w/ signature
at the back
2.
(Street)
(Sitio/Barangay)
____________________________________________________
(City/Municipality/Province)
211
212
3.
4.
5.
by__________________________________________________;
(State the title, name and position of the appointing officer)
6.
7.
8.
________________________________________________
(City/Municipality/Province)
9.
APPENDIX 1
OCRG-SO FORM NO. 1 (Revised March 2005)
Page No.
Doc. No.
Book No.
Series of
______
______
______
______
213
Secs. 3-4
214
HANDBOOK FOR
THESOLEMNIZING
JUDICIARY
OFFICERS
IN THE PHILIPPINES
Appendix 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
Circular No. 89-12
1 March 1989
To
Subject
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
215
Manila and not whole Philippines, for an obvious reason, that said
ministers (or pastors) do not have chapels in Mindanao, Visayas and
in other places outside Metro Manila where they could solemnize
marriage in accordance with law.
The second exception given in Article 8 of the Family Code does
not mean an exception from the rule of territorial jurisdiction. It is
an exception from the rule that a marriage shall be solemnized in a
church, chapel or temple, but the house or place designated by the
contracting parties must be within the territorial jurisdiction of the
concerned solemnizing officer.
As a rule, therefore, the territorial jurisdiction of solemnizing
officer is the province where the church, chapel or temple to which he
is assigned is located. For a Catholic priest, his territorial jurisdiction
is the diocese or archdiocese to which he belongs. The territorial
jurisdiction to cover whole Philippines shall be granted only to
bishops, founders, presidents, and heads of religions or religious
sects in consideration of the possible expansion and establishment of
additional churches, chapels or temples of such religion or religious
group.
TOMAS P. AFRICA
Civil Registrar General
19 December 2000
MEMORANDUM
For
Subject
216
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
217
(b)
(c)
(d)
In case the birth of the petitioner and that of his/her children (if
any) have not been registered yet, the petitioner and his/her children
may apply for delayed registration of their births as provided for
under Section 15.
Sec. 15. Any person who failed to register his/her birth
with the concerned city or municipal civil registrar may, within
in two (2) years from the effectivity of this Act, file a petition
provided that the applicant possesses all the qualifications and
218
(Name of Petitioner)
2.
(Name of Petitioner)
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
219
3.
(Name of Petitioner)
4.
(Name of Petitioner)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
220
(Name of petitioner)
2.
(Name of petitioner)
3.
(Name of petitioner)
1.
2.
3.
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
221
4.
5.
222
2.
(b)
(c)
(d)
(e)
(f)
(g)
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
(h)
223
xxxx
2.
xxxx
3.
xxxx
3.
4.
5.
(a)
(b)
224
(Name of Petitioner)
2.
(Name of Petitioner)
3.
(Name of Petitioner)
4.
(Name of Petitioner)
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
225
Assignment
Daisy Rojo
Regions 6 and 11
Meliza Chan Yu
Regions 9 and 10
Irene Bernales
Regions 1, 2, 3, 4, 5, 6, 7, 8, 12
CAR, ARMM, CARAGA, and all
LCROs
226
18 April 2002
MEMORANDUM
To
Subject
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
227
March 8, 2002
Ms. Carmelita N. Ericta
Civil Registrar General
Office of the Civil Registrar General
National Statistics Office
EDSA Corner Times St., West Triangle
Quezon City 1104
Madam:
This refers to your request for opinion as to which filing fees
shall prevail, that prescribed under Administrative Order No. 1,
Series of 2001 (implementing rules and regulations) promulgated
and issued by the Civil Registrar General or that prescribed under
Ordinance No. 7786-2001 passed by the City Council of Cagayan de
Oro.
The query arose when prior to the promulgation of the said
ADMINISTRATIVE order on July 24, 2001, Rules and Regulations
Governing the Implementation of Republic Act No. 9048 (An Act
Authorizing the City or Municipal Civil Registrar or the Consul
General to Correct a Clerical or Typographical Error in an Entry
and/or Change of First Name or Nickname in the Civil Register
Without Need of a Judicial Order, Amending for this Purpose Articles
376 and 412 of the Civil Code of the Philippines), the Sangguniang
Panlungsod of Cagayan de Oro City enacted Ordinance No. 7786-2001
on June 19, 2001 entitled AN ORDINACE LEVYING A FILING
FEE FOR PETITION TO CORRECT A CLERICAL ERROR OR
TYPOGRAPHICAL ERROR IN AN ENTRY, OR TO CHANGE THE
FIRST NAME OR NICKNAME, IN THE CITY CIVIL REGISTER
AT THE RATES PROVIDED FOR HEREIN, AND FOR OTHER
PURPOSES.:
Section 1 of the said Ordinance provides:
Section 1. There shall be levied, imposed or collected a filing
fee upon any person who will file with the City Civil Registrar a
petition for the correction of a clerical or typographical error in an
entry, or for the change of first name or nickname, in the City Civil
Register, at the following rates:
(a)
(b)
228
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
229
2.
3.
4.
230
After two (2) years of implementing the Civil Registry SystemInformation Technology Project (CRS-ITP), our office has classified
the civil registry documents in its archives into two. Those that
were converted into digital formats and are now loaded into the
computerized database are called converted documents while
those that are yet to undergo this process are called unconverted
documents. The converted documents can be released within the
day or the following day upon request.
For the unconverted documents, the requests are electronically
sent to Manila for verification. After verification, the completed
document requests are delivered through the postal system using
our franking privilege (Census-Free Postal mails). The delivery
period using this system is stretched and affects the schedule of
release of requested documents to our clients, especially for areas
outside Metro Manila.
After projecting the expected volume and distribution of
requests, NSO has concluded that a P10.00 increase in the fee will
allow for the use of a courier service to avail of a more speedy means
of document delivery, without having to pass the full burden of
faster service on to our clients. To make this feasible, documents
will be sent by groups using standard courier packet envelopes from
the central office to the regional Census Serbilis Centers.
Last June 10, 2002, the National Economic Development
Authority communicated to NSO the approval of the P10.00 increase
through the office of Deputy Director General Raphael Perpetou M.
Lotilla. Hence, the fee for unconverted document requests shall
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
231
In view of the fact that all NSO Provincial Offices can already
avail of the on-line deposit facility by Land Bank of the Philippines,
the following are the revised procedures in the remittance and
reporting of collections from sale of Civil Registry Forms:
1.
2.
3.
232
5.
2.
3.
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
B.
233
4.
5.
6.
7.
8.
9.
10.
11.
P xxxx.xx
xxx.xx
Deposits:
Date:______________
P xxx.xx
Date:______________
P xxx.xx
xxx.xx
xxxx.xx
C.
D.
234
To
From
Subject
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
235
236
BIRTH
MARRIAGE
DEATH
P 60.00
(Metro Manila)
CERTIFICATE OF NO
MARRIAGE (CENOMAR)
P 110.00
P 70.00
(Outside
Manila)
Metro P 125.00
Not Applicable
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
237
238
P 170.00/pad
P 170.00/pad
Certificate of Death
P 170.00/pad
Application of Marriage
P 135.00/pad
Certificate of Foundling
P 90.00/pad
Fetal Death
P118.50/pad
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
239
MUSLIM FORMS
Birth Attachment
P 45.00/pad
Death Attachment
P 45.00/pad
Marriage Attachment
P 45.00/pad
240
5 July 2003
MEMORANDUM
To
From
Subject
1.
2.
3.
4.
5.
6.
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
241
MEMORANDUM
To
Date
Subject
242
4 November 2003
MEMORANDUM
For
Subject
From
: All Employees at the Civil Registry Department Regional Directors and Regional Serbilis Outlet Staff
Provincial Statistics Officers and Provincial Serbilis
Outlets
: GUIDELINES IN PROVIDING INFORMATION
TO THE MEDIA
: CARMELITA N. ERICTA
Civil Registrar General
2.
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
243
3.
4.
5.
6.
4 January 2004
MEMORANDUM
For
From
Subject
244
Subject
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
245
246
9. Street children;
10.
11.
12.
Rule 2. Persons Responsible to Register CNSP. Immediately after finding a CNSP, the finder shall report the incident
to the Punong Barangay of the place where the CNSP was found/
rescued, and to the nearest Police Headquarters/authorities.
Thereafter, the finder with the assistance of the Punong Barangay
or the police authority shall facilitate the commitment of the child to
the Department of Social Welfare and Development (DSWD), or to
a duly licensed and accredited orphanage or charitable institution.
In case the finder is given custody of the child, he shall cause the
registration of the child.
Any government institution or non-government organization
(NGO) licensed and accredited by DSWD which is in custody of
CNSP or who possesses any information about the CNSP shall cause
the registration of the birth.
Rule 3. Place of Registration and Reglementary Period.
The registration of CNSP shall be made in the Local Civil Registry
Office (LCRO) where the child was born, if known. If the place of
birth is unknown, the registration shall be made in the place where
the child was found, or in the residence of the custodian.
The registration shall be made sixty (60) days from the date
of the actual custody of the child, except during armed conflicts,
emergencies, natural calamities and other difficult circumstances, in
which case registration shall be made (60) days, after the cessation
thereof. Failure of the custodian to register the child within the
reglementary period shall make him liable under existing laws.
Rule 4. Requirements for the Registration of CNSPs.
The following requirements shall be complied with for the
registration of birth of a CNSP:
1.
2.
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
b.
c.
Date of birth;
d.
Place of birth;
e.
f.
Citizenship of parent/s
247
248
October 8, 2004
OFFICE OF THE CIVIL REGISTRAR GENERAL
MEMORANDUM CIRCULAR NO. 2005-002
To
From
Subject
b.)
c.)
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
249
250
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
251
3.
11.
12.
13.
252
14.
15.
16.
November 9, 2004
MEMORANDUM
To
From
Subject
CARMELITA N. ERICTA
Administrator, National Statistics Office
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
253
254
Charitable Activity
One of the most rewarding feelings is to be to share what you
have without expecting something in return. Since, February is
celebrated as the love month, we may also consider having Charitable
Activity during this celebration. Local Civil Registry Offices and
NSO-OCRG Field Offices may choose their target institution.
Free Issuance of Certifications
Free issuance of certifications by all Local Civil Registry Offices
in connection with Civil Registration Month is one of the essential
activities that directly benefit the general public. If possible, we
suggest that this be done on the 23 of February as a support to the
global campaign on Universal Birth Registration (UBR). For this
activity to be effective, the Local Civil Registry Offices shall officially
inform their respective officials (members of the Sangguniang
Bayan, the Mayor and the City/Municipal Treasurer) that the free
issuance of certifications is a yearly activity in connection with
Civil Registration Month. In the past years and for some local
government units, a resolution from the Sangguniang Bayan was
passed authorizing the City/Municipal Civil Registrars to issue
certifications of birth, death and marriage free of charge. The same
way may be done this year, if necessary.
Other Relevant Activities
For other activities relevant to this celebration, the NSO field
offices and the Local Civil Registry Offices are given the discretion
to determine which activities can be undertaken in their respective
localities. These activities could be motorcade, mass wedding,
symposium, information/education campaign, slogan contest, etc.
We are also attaching herewith the schedule of activities to be
conducted by NSO-CRD Manila.
CARMELITA N. ERICTA
NSO Administrator and Civil Registrar General
cc:
Regional Directors
Provincial Statistics Officers
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
255
10 February 2005
OFFICE OF THE CIVIL REGISTRAR GENERAL
MEMORANDUM CIRCULAR NO. 2005-002
To
From
Subject
2.
3.
4.
256
a.
b.
c.
d.
5.
6.
7.
2.
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
257
MEMORANDUM
To
Subject
Date
: All RDs/PSOs/MCRs
: FREE BIRTH REGISTRATION OF CHILDREN IN
NEED OF SPECIAL PROTECTION (CNSP)
: August 1, 2005
258
Date
b.
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
259
d.
e.
260
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
261
To
Subject
1.
262
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
263
264
cc:
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
265
January 6, 2006
Dr. Salvador A. Aves
Regional Director
National Statistics Office
Region X
Cagayan de Oro City
Dear Mr. Aves:
This refers to your query on whether Memorandum Circular
90-04 on delayed registration of births of illegitimate children needs
approval of the Civil Registrar General is still in effect?
Administrative Order No. 1, Series of 1993, has expressly
superseded Memorandum Circular 90-04, specifically in Rule 25.
There maybe some similar provisions between the two but under
the Statutory Rule of laws, the latter law supersedes the other.
Further, all provisions of the said Memorandum Circular has been
extensively covered by Administrative Order No. 1.
As to the application of R.A. 9255 in cases of delayed
registration, we have already reiterated that the law covers births
occurring during the enactment of the Family Code. A child, if born
within the effectivity of the Family Code and was late registered
shall follow the rule on delayed registration and shall immediately
use the surname of the father, if acknowledged pursuant to R.A.
9255.
Thank you.
266
2.
3.
4.
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
267
6.
7.
8.
268
9.
Certificate of Marriage
Names of the contracting parties
Received at the Office of the Civil Registrars
10.
11.
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
269
13.
270
b.
c.
d.
e.
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
271
Date
2.
272
Example:
Name of Child in COLB
Name of Father
Juanito
Juanito
Name of Father
Ramon, Jr.
Ramoncito
Name of Father
Mario II
Mario
APPENDIX 2
CIRCULARS/MEMORANDA ISSUED BY OCRG
273
Name of Father
Tirso III
Tirso
Name of Father
Julie Jra./Julie II
Julie
274
Example:
Name of Child in COLB
From
To
Junior
Jr.
Ric, Jr.
Ric Junior
To
Carlo Cruz
Carlo Cruz
275
Appendix 3
DOJ OPINIONS
OPINION 73, S. 2005
Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
Manila
February 28, 2005
Ms. CARMELITA N. ERICTA
Administrator
National Statistics Office
P.O. Box 779 Manila
Madam:
This has reference to your request for opinion on the queries
stated therein relating to the effect/s, if any, of the provisions of
Article 7 of Executive Order No. 209,1 as amended, upon the pertinent
provisions of Presidential Decree No. 1083,2 Article of E.O. No. 209,
as amended, in part, reads:
Art. 7. Marriage may be solemnized by:
xx
xx;
xx3
275
276
(b)
(c)
4
Op. cit., Section 1 (Requisites of Marriage), Chapter Two (Marriage [NIKAM]),
Title II (Marriage and Divorce), Book Two (Persons and Family Relations).
5
Ibid, Title II (Construction of Code and Definition of Terms), Book One
(General Provisions); underscoring ours.
APPENDIX 3
DOJ OPINIONS
277
278
mean exactly what it says.10 The rationale is because when the law is
clear, there is no room for interpretation-only for application.11
The provisions of P.D. No. 1083, earlier quoted, governing
the construction of its provisions vis--vis other laws as well as the
application thereof are clear and categorical. Thus, in case of conflict
between the provisions of said Code or decree which, incidentally,
is a special law and those of laws of general application, the Family
Code or E.O. No. 209 included, the former shall govern. This is
true even if the general law is a later enactment and broad enough
to include the provisions of the Code.12 The reason is because the
Code itself has expressly and explicitly revealed the intent of the
legislature. Moreover, and as specifically applied to the Family
Code, its repealing clause is a general one, i.e., save for provisions of
Civil Code, as amended, and P.D. No. 603, as amended, it does not
repeal in express terms the provisions of the Muslim Personal Code.
For the same reasons stated above, a similar conclusion would be
reached even if we assume that E.O. No. 209, as amended, is also a
special law.
As the Decree itself explicitly states, however, the above
conclusion should be qualified. This is because under Article 3
thereof, the provisions of this Code shall be applicable only to
Muslims and nothing herein shall be construed to operate to the
prejudice of a non-Muslim. Likewise, by express mandate of Article
13 of the Decree, the essential requisites and legal impediments to
marriage and solemnization and registration the marriage of the
persons mentioned therein, among others things, shall be governed
by this Code and other applicable Muslim laws.
Consequently, when the parties to the marriage are both
Muslims or the male party is a Muslim and the marriage is solemnized
under the Muslim laws, the provision of Section 18 of P.D. No. 1083
enumerating those persons authorized to solemnize marriage, which
undeniably includes an imam,13 governs.14 Conversely, when the
aforesaid elements or conditions are not present, the provision on
the authority of the solemnizing officer, including the registration
Baranda vs. Gustillo, 165 SCRA 757, 770.
Globe-Mackay Cable and Radio Corp. vs. NLRC, 206 SCRA 701, 711.
12
Commissioner of Internal Revenue vs. Court of Appeals, 207 SCRA 487,
10
11
496.
13
See also, Raul and Ghazali, Muslim Code of the Philippines: Commentaries
and Jurisprudence, 1984 ed., p. 128.
14
Also, Article 13, P.D. No. 1083.
APPENDIX 3
DOJ OPINIONS
279
with the civil registrar general, under Article 7 of the Family Code,
which further amended the Civil Code of the Philippines, applies.
This is explicit even from a reading of Article 13(2) of the Muslim
Personal Laws itself.
Your queries are thus answered accordingly.
280
Appendix 4
REFERRED CASES/QUERIES
OPINION NO. 90, S. 2000
Use of the Surname by the Son of Malaysian National
November 9, 2000
Sir:
The opinion of this Department is requested regarding the use
of a surname by the son of a Malaysian national, Mr. Redi Mik bin
Abdullah.
As stated in your letter, Brendan Christopher was born on June
21, 2000, in Guimbal, Iloilo, the legitimate child of the spouses Redi
Mik bin Abdullah, a Malaysian national, and Victoria G. Alemania,
a Filipino citizen; that in his Certificate of Live Birth, the hospital
entered the name of the child as: Brendan Christopher Alemania
Abdullah, while his mothers name was entered as Victoria
Abdullah; that his father, however, alleges that he has no surname
and that the word bin in his name means son of, hence if he is
to identify himself, his name is Redi Mik son of Abdullah and that
Abdullah is his fathers name and not his surname.
The Municipal Civil Registrar withheld the registration of the
birth of the child and submitted the problem for your resolution. It
is your position that pursuant to Article 364 of the Civil Code, which
states that Legitimate and legitimated children should use the
surname of the father, should be strictly followed and, therefore,
Abdullah should be regarded as the surname of the child and
which should also be adopted as the married name of the wife. This,
however, is not acceptable to Mr. Redi Mik bin Abdullah. Hence, this
request.
We regret to inform you that we have to decline rendition of
opinion on the subject matter of your query. The query involves
280
APPENDIX 4
REFERRED CASES/QUERIES
281
282
2.
APPENDIX 4
REFERRED CASES/QUERIES
283
284
APPENDIX 4
REFERRED CASES/QUERIES
285
general, as obtaining in the instant case, and this rule applies even
though the terms of the general act are broad enough to include the
matter covered by the special statute (Ibid., citing Manila Railroad
Co. vs. Rafferty, 40 SCRA 224 (1919); Commissioner of Internal
Revenue vs. Court of Appeals, 207 SCRA 487 (1992).
Anent the second query, we believe that the power of local civil
registrars to administer oath as provided in Section 12 (g) of the
Civil Registry Law still exists. Section 12 (g) provides:
Section 12. Duties of the Local Civil Registrars Local Civil
Registrars shall xxx (g) administer oaths, free of charge, for civil
registry purposes.
The power of the local civil registrars to administer oath under
the aforequoted provision is sufficiently within the purview of the
general clause in Section 479 of the Local Government Code of 1991
which states that the local civil registrar shall exercise such other
powers and perform such other duties and functions as may be
prescribed by law or ordinance (see par. 3). However, as stated in
the Civil Registry Law (see Sec. 12 (g), supra.) the power of the local
civil registrar to administer oath shall be limited to civil registry
matters and the same must be free of charge.
Please be guided accordingly.
Very truly yours,
HERNANDO B. PEREZ
Secretary
286
2.
3.
can validity-carry out the provisions of Republic Act No. 9048 (An
Act Authorizing the City or Municipal Civil Registrar or the Consul
General to Correct a Clerical or Typographical error in an entry and/
or change of First Name or Nickname in the Civil Register Without
need of a Judicial Order; Amending for this purpose Articles 376
and 412 of the Civil Code of the Philippines).
The request arose in the wake of your concern towards the
practice of some local government units where there are permanently
appointed city/municipal civil registrars, but the mayors detail them
elsewhere and another person is designated as OIC to perform the
functions of the civil registrar.
This Department answers the query in the affirmative.
The law makes it mandatory for city and municipal governments
to appoint a civil registrar. The instant query contemplates of a
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287
288
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289
(b)
290
xx;
xx.
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291
(b)
(c)
xxx
292
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293
Civil Code, as amended, and P.D. No. 603, as amended, it does not
repeal in express terms the provisions of the Muslim Personal Code.
For the same reasons stated above, a similar conclusion would be
reached even if we assume that E.O. No. 209, as amended, is also a
special law.
As the Decree itself explicitly states, however, the above
conclusion should be qualified. This is because under Article 3
thereof, (t)he provisions of this Code shall be applicable only to
Muslim and nothing herein shall be construed to operate to the
prejudice of a non-Muslim.
Likewise, by express mandate of Article 13 of the Decree,
the essential requisites and legal impediments to marriage
and solemnization and registration the marriage of the persons
mentioned therein, among other things, shall be governed by this
Code and other applicable Muslim laws.
Consequently, when the parties to the marriage are both
Muslim or the male party is a Muslim and the marriage is solemnized
under the Muslim laws, the provision of Section 18 of P.D. No. 1083
enumerating those persons authorized to solemnized marriage,
which undeniably includes an imam, governs. Conversely, when the
aforesaid elements or conditions are not present, the provision on
the authority of the solemnizing officer, including the registration
with the civil registrar general, under Article 7 of the Family Code,
which further amended the Civil Code of the Philippines, applies.
This is explicit even from a reading of Article 13(2) of the Muslim
Personal laws itself.
Your queries are thus answered accordingly.
Very truly yours,
RAUL M. GONZALES
Secretary
294
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295
CORNELIO T. VILLAREAL
Speaker of the House of
Representatives
Inocencio B. Pareja
Secretary of the House of
Representatives
296
xxxxxxx
2.
xxxxxxx
3.
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297
(b)
(c)
(d)
298
(b)
(c)
APPENDIX 4
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299
shall pay the latter the expenses incurred for the preparation of the
marriage and such damages as may be granted by the court.
SECTION 2. Prohibited Marriages
ART. 23. Bases of prohibition. No marriage may be contracted
by parties within the prohibited degree;
(a)
Of consanguinity;
(b)
Of affinity; and
(c)
Of fosterage.
(b)
(c)
(b)
(c)
(d)
(2) The prohibition under this article applies even after the
dissolution of the marriage creating the affinal relationship.
ART. 26. Prohibition due to fosterage (tahrim-bir-radaa).
(1)
300
who breastfed him for at least five times within two years after his
birth.
(2) The prohibition on marriage by reason of consanguinity
shall likewise apply to persons related by fosterage within the same
degrees, subject to exceptions recognized by Muslim law.
SECTION 3. Subsequent Marriages
ART. 27. By a husband. Notwithstanding the rule of Islamic
law permitting; Muslim to have more than one wife but not more
than four at a time, no Muslim man can have more than one wife
unless he can deal with them with equal companionship and just
treatment as enjoined by Islamic law and only in exceptional cases.
ART. 28. By widow. No widow shall contract a subsequent
marriage unless she has observed an idda of four months and ten
days counted from the date of the death of her husband. If at that
time the widow is pregnant, she may remarry within a reasonable
time after delivery. In such case, she shall produce the corresponding
death certificate.
ART. 29. By divorce. (1) No woman shall contract a subsequent
marriage unless she has observed an idda of three monthly courses
counted from the date of divorce. However, if she is pregnant at the
time of the divorce, she may remarry only after delivery.
(2) Should a repudiated woman and her husband reconcile
during her idda, he shall have a better right to take her back without
need of a new marriage contract.
(3) Where it is indubitable that the marriage has not been
consummated where the divorce was effected, no idda shall be
required.
ART. 30. Marriage after three talaq.
(1) Where a wife has been thrice repudiated (talaq bain kubra)
on three different occasions by her husband, he cannot remarry her
unless she shall have married another person who divorces her after
consummation of the intervening marriage and the expiration of the
idda.
(2) No solemnizing officer shall perform the subsequent
marriage mentioned in the preceding paragraph unless he has
ascertained that there was no collusion among the parties.
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301
(b)
(c)
(b)
(c)
(d)
(e)
(f)
Those referred to in Article 32(a), after the impediment has been removed;
(b)
(c)
(d)
(e)
302
(f)
(2) The effects of the new marriage under the first paragraph
shall retroact to the date of the celebration of the irregular
marriage.
(2)
(3)
The husband and the wife shall inherit from each other in
accordance with this Code.
(4)
The husband and the wife shall have the right to divorce
in accordance with this Code.
(b)
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303
(4)
(5)
(6)
(b)
(c)
By custom.
304
(a)
(b)
(c)
(d)
(e)
(f)
(b)
(c)
(d)
(e)
APPENDIX 4
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305
2.
3.
4.
5.
306
6.
7.
2.
3.
4.
APPENDIX 4
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307
2.
308
b)
Place of birth;
c)
d)
Civil status;
e)
f)
g)
h)
i)
j)
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309
310
APPENDIX 4
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311
312
*Director of the Bureau of the Census and Statistics under Sec. 21 (f), Act 591
and now Executive Director, National Census and Statistics Office, PD No. 418.
APPENDIX 4
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313
2.
3.
314
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315
the full name, title, and address of the person who solemnized the
marriage.
In cases of divorce or annulment of marriage, there shall be
recorded the names of the parties divorced or whose marriage was
annulled, the date of the decree of the court, and such other details
as the regulations to be issued may require.
SECTION 8. Registration of Legitimations by Subsequent
Marriage. The acknowledgment of the children legitimated by
subsequent marriage, referred to in article one hundred and twentyone of the Civil Code, may be recorded in the legitimation register,
entering: (a) the names of the parents; (b) that at the time when the
children were conceived, the aforesaid parents could have contracted
marriage, and that they actually contracted marriage, stating the
date and place when such marriage was solemnized, the minister
who officiated, and the civil register where such marriage was
recorded; (c) the names of the children legitimated, with reference
to their birth certificates.
SECTION 9. Registration of Acknowledgments by Public
Instrument. Any voluntary acknowledgment by the natural
parents or by only one of them by public instrument, shall be
recorded in the acknowledgment register of the civil register of
the municipality where the birth of the acknowledged child was
registered, setting forth the following data: (a) full name of the natural
child acknowledged; (b) age; (c) date and place of birth; (d) status as
to marriage, and residence of the child acknowledged; (e) full name
of the natural father or mother who makes the acknowledgment;
(f) full name of the notary public before whom the document was
acknowledged; (g) full names of witnesses to the document; (h) date
and place of acknowledgment of said document, and entry and page
number of the notarial register in which the same was recorded.
It shall be the duty of the natural parent whose voluntary
acknowledgment was made by means of a public instrument to send
a certified copy thereof to the local civil registrar of the municipality
in the civil register where of the acknowledged child was recorded,
not later than twenty days after the execution of such instrument
for registration thereof.
SECTION 10. Registration of Adoption, Changes of Name,
and Naturalizations. In cases of adoptions, changes of name,
and naturalizations, it shall be the duty of the interested parties
or petitioners to register the same in the local civil register of
316
the municipality where the decree was issued. The names of the
interested parties and such other data as may be required by the
regulations to be issued shall be entered in the register.
SECTION 11. Duties of Clerks of the Court to Register Certain
Decisions. In cases of legitimation, acknowledgment, adoption,
naturalization, and change of given or family name, or both, upon
the decree of the court becoming final, it shall be the duty of the
clerk of the court which issued the decree to ascertain whether the
same has been registered, and if this has not been done, to have said
decree recorded in the office of the civil registrar of the municipality
where the court is functioning.
SECTION 12. Duties of Local Civil Registrar. Local civil
registrars shall (a) file registrable certificates and documents
presented to them for entry; (b) compile the same monthly and
prepare and send any information required of them by the Civil
Registrar General; (c) issue certified transcripts or copies of any
certificate or document registered upon payment of the proper
fees; (d) order the binding, properly classified, of all certificates or
documents registered during the year; (e) send to the Civil Registrar
General, during the first ten days of each month, a copy of the
entries made during the preceding month, for filing; (f) index the
same to facilitate search and identification in case any information
is required; and (g) administer oaths, free of charge, for civil register
purposes.
SECTION 13. Documents Registered are Public Documents.
The books making up the civil register and all documents relating
thereto shall be considered public documents and be prima facie
evidence of the truth of the facts therein contained. They shall be
open to the public during office hours and shall be kept in a suitable
safe which shall be furnished to the local civil registrar at the expense
of the general fund of the municipality concerned. The local civil
registrar shall not under any circumstances permit any document
entrusted to his care to be removed from his office, except by order
of a court, in which case the proper receipt shall be taken. The local
civil registrar may issue certified copies of any document filed, upon
payment of the proper fees required in this Act.
SECTION 14. Expenses and Fees of the Office of the Civil
Registrar. All expenses in connection with the establishment of
local civil registers shall be paid out of municipal funds and for this
purpose, municipal councils and boards shall make the necessary
appropriations out of their available general funds.
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317
2.00
2.00
10.00
10.00
20.00
2.00
20
318
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319
320
(b)
Where to apply
APPENDIX 4
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(c)
When to apply
(d)
(e)
Fees
(f)
Forms to be used
321
(b)
(b)
(c)
322
(d)
Bishop
(b)
(c)
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(d)
Priest
(e)
Tribal heads/Chieftain
(f)
323
324
(b)
(c)
(d)
(e)
(f)
(g)
APPENDIX 4
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325
(i)
(j)
(k)
(l)
(b)
(c)
(d)
(e)
326
APPENDIX 4
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327
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
328
(j)
(k)
(l)
(o)
(p)
(b)
(c)
(d)
(e)
(f)
(g)
APPENDIX 4
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(h)
329
Introduction
This paper aims to present the problems that the office
encounters in the processing of the marriage documents
that we received from the various civil registry offices in the
country. However, before we do that let me first give you a brief
background on how the NSO became the central depository of
all registrable documents including the marriage documents.
Please allow me to present to you the important uses of the
marriage documents in order that you will understand better
why we need these problems that we are going to discuss this
afternoon.
The National Statistics Office (NSO) is the agency
mandated by law to carry out the civil registration functions in
the Philippines.
The Administrator of the NSO, concurrently the Civil
Registrar General (CRG), is vested with authority to issue
rules and regulations in carrying out the purposes of the Civil
Registry Law (Act No. 3753). Section 2 of the said Act provides
among others that The Director of the National Library shall
be the Civil Registrar General and shall enforce the provisions
of this Act. Thus, the system is said to be centralized because all
rules and regulations pertaining to civil registration emanates
from the CRG.
When Commonwealth Act No. 591 (CA 591) was enacted
on August 19, 1940, the civil registration function of the
National Library was transferred to the Bureau of the Census
and Statistics (now NSO).
The NSO is also mandated to generate general purpose
statistics. One of the statistics we generate is the vital statistics
which are obtained from the civil registry documents.
330
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II.
331
Common Errors
We now go to the primary concern of this paper which is to
present the problems encountered by the office in the marriage
documents submitted to us. These are the following:
A. Marriage Exempt from License Requirement
Under the law, there are two types of marriages. One is
the ordinary marriage which requires the marriage license and
the other is the marriage of exceptional character which does
not require a marriage license.
Following are the marriages which are exempted from
the license requirement:
a.
b.
c.
d.
332
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333
334
form for OCRG. The CTC shall be filed on top of the original
copy of the marriage certificate.
F. Entries in Colored Ink
In the scanning of documents for conversion to digital
format, it has been observed that those that were written using
colored ink other than black resulted to blurred and illegible
images. Documents with blurred and illegible images are
excluded in the indexing and uploading stages. This explains
the situation where the NSO issues negative certifications from
the database even if the paper documents are on file.
In view of this and to ensure better archiving system
of quality documents, please be informed that effective
immediately black ribbon shall be used in filling-up all civil
registry documents, whether timely or late registered. Thus,
general instruction 2.1 of the Instructions Manual: Civil
Registry Forms (Accomplishments and Coding) issued in 1993,
to wit:
In every case of delayed registration of birth, death,
marriage and other registrable documents, the entry in the
civil registry book and the registry number transcribed on
the certificate of vital event shall be written on the Remarks/
Annotation portion of the certificate and the Remarks portion
of the registry book.
Is partially superseded only as to the entries in the
certificate of vital event is concerned.
G. Incomplete/Wrong Entries
The marriage form must be completely and correctly
filled up. This is to avoid waste of time and money in correcting
inconsistent and wrong entries and also of correcting forms
with incomplete entries.
We see marriage documents submitted to us with some
entries either omitted or erroneously entered. The advice we
give to the parties in cases like this is to file a supplemental
report to supply the entries which were inadvertently omitted.
For wrong entries, the remedy is to file a petition under R.A.
9048 to correct clerical errors or in court for correction of entries
beyond the scope of R.A. 9048.
APPENDIX 4
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335
336
APPENDIX 4
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337
III. Conclusion
Marriage as defined in our introduction is a special
contract of permanent union between a man and a woman
entered into in accordance with law for the establishment of
conjugal and family life. It is the foundation of the family and
an inviolable institution whose nature, consequences, and
incidents are governed by law.
The validity of the marriage does not solely depend on the
substantive aspect of the law. Much emphasis should be given
to the certificate where the evidence of marriage is recorded.
As marriage enjoys the presumption of permanency, nothing
more can establish said permanency but the record where it is
filed.
We may overlook the seriousness of filling-up of the
marriage certificate but what we do not know is that it is the
first defense against fraud, much less the validity. It is also one
of the sources of the rights of an individual.
We believe that as officers of the government, we are
mandated by law to safeguard the validity and integrity of
these documents.
Thank you and mabuhay.
ISSUES AND CONCERNS PERTAINING TO MARRIAGE
REGISTRATION
WILMA P. BAYAS
City Civil Registrar
Tagaytay City
A pleasant good afternoon to my co-participants, the
Solemnizing Officers composed of the Honorable Mayors, Honorable
Judges, priests, pastors and imams, Regional Directors and
Provincial Statistics Officers of the National Statistics Office on this
4th National Convention of Solemnizing Officers which is being held
here in Bacolod City Convention Center.
I am especially honored and grateful for the invitation given to
me by Ms. Carmelita N. Ericta, Administrator and Civil Registrar
General of the National Statistics Office and I consider it a privilege
to be accorded an opportunity to speak and share with you my
338
APPENDIX 4
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339
Marriage By Proxy
340
3.
APPENDIX 4
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341
b)
342
b.)
c.)
d.)
e.)
f.)
g.)
h.)
i.)
APPENDIX 4
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343
2.)
2.
344
5.
6.
7.
APPENDIX 4
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345
2.
Number of Copies
346
Reglementary Period
Ordinary marriage has a reglementary period
of 15 days while marriage except from a marriage
license requirement has 30 days. This is the often
mistakes of solemnizing officers thinking that the
reglementary period for marriage registration is 30
days.
3.
2.
3.
APPENDIX 4
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347
4.
5.
6.
7.
8.
9.
10.
11.
4.
a.
Article 27
Affidavit executed before the Local Civil
Registrar, or any other person legally authorized
to administer oaths that the marriage was
performed in articulo mortis.
b.
Article 34
Affidavit of contracting parties before any
person authorized by law to administer oaths
that they are leaving together for at least five
years and without any legal impediment to
marry each other and the solemnizing officer
oath that he ascertained the qualifications
of the contracting parties and found no legal
impediment to the marriage.
c.
Article 8
Affidavit of the Contracting Parties
requesting the solemnizing officer in writing
that they be allowed to hold their marriage at a
house or place designated by them.
348
Use of Black Ink In Filling Up and Affixing Signatures in the Certificate of Marriage
To ensure better archiving system of quality
documents, we see to it that black ink or ribbon shall
be used in filling up the marriage certificate whether
timely or late registered and also in the affixing
signatures of contracting parties, solemnizing officer
and witnesses in the Certificate of Marriage.
This system is in consonance with NSO Memo
dated March 4, 2004.
6.
APPENDIX 4
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349
350
APPENDIX 4
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351
352
APPENDIX 4
REFERRED CASES/QUERIES
2.
3.
353
354
APPENDIX 4
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355
marriages were all entered in the database from the years 1945 and
onwards. Computerization made the verification and issuance of
CENOMAR fast and accurate.
The early users and requesters of CENOMAR are the foreign
embassies. The CENOMAR is one of the documents required to a
Filipino who is to marry a foreigner. This is the reason why at that
time the CENOMAR is sometimes referred to as a Certification
of single status. It is considered as certification of legal capacity
which is issued by embassies for purposes of marriage.
Foreign embassies needed assurance that there is no longer
impediment to marriage when the foreigner will eventually petition
the Filipino wife or husband. The US embassy in particular, relies
so much on CENOMAR to determine the veracity of the status
of a Filipino immigrant. There are cases of Filipinos who left the
Philippines for US declaring that they are single only to find out
later that they are married. The CENOMAR will reveal the true
status of the person who is married which may consequently lead to
the denial of the petition.
Other users of CENOMAR are the women or the parents who
wanted to be assured that the man who will marry their daughter
has not contracted prior marriage. The Regional Trial Courts
through subpoena also request NSO-OCRG for the verification of
records of ones marriage. In one bigamy case, the court requested
for a verification of the marriage (CENOMAR) of a man, but to the
surprise of the complainant and the court, there exist not only two
but five (5) marriages contracted by the Respondent with different
women in different places and dates.
These are the early users of the CENOMAR and lately
it has become a compulsory requisite for legitimation process.
Some religious sectors also require contracting parties to secure
CENOMAR prior to marriage rites. It is likewise encouraged that
C/MCRs require CENOMAR prior to issuance of marriage license to
make sure that there is no legal impediment to marriage.
How to avail the CENOMAR
The CENOMAR can be requested from the NSO Serbilis Center
at East Avenue, Quezon City and at various NSO Serbilis Outlets all
over Metro Manila and some provinces. The fee for a CENOMAR is
P180 and it can be claimed after 10 working days. The Civil Registry
356
System (CRS) database has enrolled entries for marriages from the
year 1945 up to the current month of 2005.
At NSO Serbilis Outlets, the CENOMAR can be applied by filling
up the green application form. The following basic informations are
needed:
a)
b)
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357
358
2.
APPENDIX 4
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359
are apparent, the parents of the child are advised to adopt the child.
It is the remedy under the circumstances, although the parents feel
that it is ridiculous to adopt their own child. Oftentimes, they would
not want to adopt their own child for this may give wrong stigma to
the child.
The legitimation process will not prosper and becomes a
useless exercise of right, if it turned out later that one of the parents
of the illegitimate child was previously married. The CENOMAR
requirement will help to know the existence of impediment of the
parents avoiding future inconsistency in records of birth of the
child.
CENOMAR AS A REQUIREMENT FOR THE
ISSUANCE OF MARRIAGE LICENSE
The marriage license is one of the formal requisites of a valid
marriage. As provided under paragraph (2) Article 3 of the Family
Code. Its absence will render the marriage null and void ab initio.
The marriage license can be applied at the Local Civil Registry
Office (LCRO), in the city or municipality where either party
habitually resides. (Article 9, Family Code of the Philippines)
The consular official at the Philippine Post shall issue marriage
license for Filipino Citizens. A sworn application for such license has
to be completely filled up with the following:
Place of Birth
Civil Status
360
APPENDIX 4
REFERRED CASES/QUERIES
361
has prior marriage. It may happen that the legitimation of the child
was registered and subsequently annotated in the Certificate of Live
Birth (COLB) of the child. However, upon submission at the OCRG,
it was found that the father has prior marriage. There now appears
a conflicting record of status in the COLB of the child where at the
LCRO level the child is legitimated but at NSO-OCRG level the
child remained illegitimate.
Under this situation, the CENOMAR requirement at the LCRO
level will prevent the inconsistency in the civil registry record. The
NSO-OCRG has to preserve the integrity and harmony of the civil
registry documents. The conflict in the status of the child is likewise
avoided.
Stability of marriage and protection of childs status
As family is the foundation of society, we must commit to the
stability of a valid and subsisting marriage by helping each party
to the marriage to start it right by knowing the true status of
the person he/she is marrying. The truth will avoid future family
problems, which may eventually cause separation of husband and
wife, a broken marriage.
The CENOMAR requirement is not a tedious process if we
are to consider that what is at stake in the future is stability of
marriage.
We are aware that a civil marriage contracted between
parties where one of the parties had subsisting prior marriage is a
bigamous, hence null and void. Later, if same marriage is nullified,
children born after the nullification are legitimate. There now arise
a disparity in the status of the children.
These are just some of the effects of the CENOMAR as a
requirements legitimation process and in the issuance of marriage
license. Now, at stake is the status of the child and the family and
the choice is left with you take it and give them a better, brighter
future.
362
APPENDIX 4
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363
364
APPENDIX 4
REFERRED CASES/QUERIES
365
B.
Double registration
Incomplete/wrong entries
366
C.
Attend seminars to be updated with the latest developments as well as share experiences to other solemnizing
officers.
PAPERS PRESENTED DURING THE 3rd NATIONAL CONVENTION OF SOLEMNIZING OFFICERS HELD AT TAGAYTAY CITY ON AUGUST 5-7, 2003
ISSUES AND CONCERNS ON MARRIAGE
REGISTRATION
by US Consul Barry Simmons
Magandang hapon to everyone. Let me add maraming
salamat for this invitation. I consider this a distinct honor and
privilege to be here with you. I know this is a very important
professional event for you every year and so Id like to do what I
can to provide some remarks that may be of interest to you and
may be of help. As our host said this is not my first assignment
in the Philippines and in fact, Ive been coming to the Philippines for many, many years. The first year being 1964, before
any of you were born I suspect my father was in the military
and was assigned in Taipei, Taiwan. And to get to Taipei, Taiwan in 1964 you had to go to Clark Airbase and wait for a week
for the next flight so Ive been coming to this country for many
APPENDIX 4
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367
368
hope we are able to really put some vitality into the integrity
of the Philippine passport. Because it has been under assault
for many years as you know. Certainly I think thats one of the
important things you do as solemnizing officers by demanding
very high standards when people apply for various documents
that in turn are used to get passports and visas.
By demanding such high standards you also help us to
protect the integrity of the Philippine passport. The two areas
that we really focus on with respect to marriage registration
here are: one, we conduct a lot of marriage indexing. Depending
on the circumstances of the applicant, we may send a request
that the NSO conduct a marriage index to determine whether
an applicant is married to someone else or to the same person. Our latest statistics show us that about seven percent of
those marriage index come back as positive. They are married
to those who said they are not married or who have not been
married, or said that they had a prior terminated marriage.
And so I think that the glass is 93 percent full that 7 percent
empty.
Now, another issue about marriage registration documents.
It is carryover the birth certificates, death certificates and
petitions for adoptions, is we rely primarily on the Philippine
judicial system to make decisions about the legality of when
a marriage is a marriage and when an annulment is an
annulment. We dont try to substitute our judgment.
As an attorney in the U.S., Im not about to suggest I
know how much about Philippine law as Philippine attorneys
and Philippine judges. Our task is to make these decisions so
we rely on the decisions of our own officials and we follow those
in almost any case. And its a rare exception that we would not
accept.
If I am invited on a session on birth certificates, I really
have a whole lot more to say because thats where the really
tough issues are with consul officers because so many birth
certificates in this country are late-registered. My personal
record for an applicant is 80 years late but usually thats not
the one Im concerned about. In many times, when an elderly
person being petitioned and the petition was filed many years
ago, theres a nice paper trail showing that this person is who
this person claims to be.
APPENDIX 4
REFERRED CASES/QUERIES
369
370
APPENDIX 4
REFERRED CASES/QUERIES
371
372
APPENDIX 4
REFERRED CASES/QUERIES
373
374
kasi risky ho yan, mamaya tama yong 1st copy, yong 2nd
copy may error, kaya it should be may carbon. But minsanang
saksakan ho iyon pag-prepare ng certificate of marriage but
and also there are even instances where all copies are OCRG,
lahat ng kopya na sina-submit for registration OCRG lahat, ito
yong mga na no-note namin.
Marriage exempt from license requirements and I only
deal on Article 27, ito yong articulo mortis pero sometimes
articulo rigor mortis na e, patay na at saka kinakasal pa di
ba?
Okay, there was one case under this article presented to
me for late registration and Im certain there. There are others
all over which are similarly situated, the alleged husband died
January 3, 2003 na-register yong death certificate nya timely
registered. The marriage in articulo mortis was allegedly
solemnized on January 3, 2003 and it was presented to me for
late registration by the solemnizing officer on May 22, 2003.
All requirements were complied with, but my attention was
caught by the fact that the affidavit of the solemnizing officer
was also subscribed on May 22, 2003. Im not referring to the
affidavit of marriage for late registration. Im referring to the
affidavit supposed to be executed by the solemnizing officer
when he officiated the marriage in articulo mortis. Biro nyo
kasabay noong affidavit for late registration e, but I registered
the marriage anyway. Ministerial tayo ika nga and we have no
investigative powers.
Sa Article 28, I need not deal on this, ito iyong remote
place. Ten years na akong civil registrar wala pa akong narehistro kahit isa nito and I havent seen one in my record.
Sa Article 33 naman, let me quote a case which ito yong
tungkol sa ethnic marriage which was raised by one of the
civil registrars during one of our conferences.
Husband and wife were married under Catholic rites.
Each one wanted an annulment but it was difficult, moneywise. Hindi pa sigurado kung ia-approve, although it is granted
by the Court and what about Solicitor General. So they had
themselves converted into Islam. After which brings me back
to the paper presented by Justice Razul. Sabi niya in a live-in
partnership, in a non-Islamic society where the children are
born out of union, hindi equal sa sharing of inheritance but
APPENDIX 4
REFERRED CASES/QUERIES
375
376
APPENDIX 4
REFERRED CASES/QUERIES
377
for submission to the OCRG kasi yong mga may-ari rin ang
magsa-suffer kung hindi mabasa yon mga encoder or if na
submit yon ng hindi legible, off-line yong mga entries, pag
pagnag-request kayo direct to NSO pakukuhanin pa rin kayo,
papa-endorse pa uli kayo so avoid off-line entries and all copies
should be legible. For Ordinary Marriage, ang license number
ilagay nyo po, date and place of its issue shall be indicated in
the appropriate space in the marriage contract. For marriages
exempt from license requirement, indicated ang basis whether
Articles 34, 33, 27 or 28. Mark the appropriate box as to
whether the contracting parties have or have not entered into a
married settlement prior to the marriage, kung may marriage
settlement sila enclose four copies of the marriage settlement
when registering. The married settlement were talking about
are the property relations, attached four copies of the married
settlement if they had entered.
Other issues and concerns yong ibang sekta po nirerequire yong CENOMAR. Alam nyo napakahirap po kung
nire-require natin tong CENOMAR. But us, we cannot dictate
or different sects yong mga requirement nila but we should
remember each religious sect has its own set of rules pertaining
to marriage, however, when they voluntarily register with the
OCRG they have impliedly and presumably admitted the duty
to carry out and observed strictly the provisions of the Family
Code pertaining to marriage. This is according to an excerpt
from the paper presented by Lt. Colonel Lalicon during the 1st
National Convention of Solemnizing Officers in his paper The
Linkages Between the Solemnizing Officers and the Office of
the Civil Registrar General.
Also there are religious sects that first ask for the
marriage license before they issue the marriage counseling
certificate. Caution ho, they should remember that the marriage
counseling certificate is a requirement in the application for
marriage license, hindi po ito requirement in the solemnization
of marriage. There are some solemnizing officers who officiate
marriage where the contracting members are not members
of their church. A priest who officiated a marriage without
authority to do so may be held liable under Article 352 for
performing an illegal ceremony and Article 177 of the Revised
Final Code for usurpation of authority but any irregularity in
the formal requisites shall not affect the validity of the marriage
378
APPENDIX 4
REFERRED CASES/QUERIES
379
380
APPENDIX 4
REFERRED CASES/QUERIES
381
382
APPENDIX 4
REFERRED CASES/QUERIES
383
384
APPENDIX 4
REFERRED CASES/QUERIES
385
yan, 62 are embassies and the rest are consulates. But be that as
it may, we cover the whole world even Liberia and Borkina Paso in
Africa. Ang Embassy natin either in Nigeria or Pretoria, they cover
all these countries.
If anything happens to a Filipino there, its this Embassy or
that with responsibility that have the jurisdiction. And the same
goes with the registration, kung may nangyari sa Filipino may
namatay na Filipino sa Liberia, pwede hong I-report sa I think its
covered by Abudia in Nigeria in West Africa.
And when we get the requirements for late registration or
report of marriage we have the photocopies of the passport. We
also require those to make sure they are Filipinos. As I mentioned
that earlier, the flow of documents you...If its late registration
what the post does hindi na kayo babalik sa Embassy you can go
to the DFA submit all the documents including the foreign civil
registry documents, consular records division and sent via pouch
to the Embassy or Consulate concerned. The embassy or consulate
concerned verifies with the local authority, and sends back to the
DFA and then back to the Office of the Civil Registrar.
Medyo circuitous because of the principle that the place of
registration is the place of occurrence of the event. And the processing
period takes quite some time because of the circuitous process but
thats the process. Registry is filed in Manila.
On the processing period, the registry is filed in Manila. It
normally takes two to four months depending on the circumstances,
how fast the consulate verifies the civil registry records. To shorten
processing period, what the person can do is ask a relative who is
still abroad to file through the embassy or Consulates, this shortens
the period. And then when it is sent to the DFA, we send it to the
NSO to assist in getting the documents as quick as possible. Theres
a record locator they can present to the NSO for easy retrieval and
release of the document.
Thank you very much for your kind attention.
386
RADIO-STYLE DISCUSSION WITH BROADCASTERS DANIEL RAZON AND ATTY. DANNY CONCEPCION
Atty. Concepcion:
Mr. Razon:
Atty. Concepcion:
APPENDIX 4
REFERRED CASES/QUERIES
387
Atty. Concepcion:
Mr. Razon:
Atty. Concepcion:
Mr. Razon:
Legal ba yon?
Atty. Concepcion:
Mr. Razon:
388
Mr. Razon:
APPENDIX 4
REFERRED CASES/QUERIES
389
Atty. Concepcion:
Mr. Razon:
Atty. Concepcion:
Mr. Razon:
390
Atty. Concepcion:
Mr. Razon:
RD Manulon:
Mr. Razon:
Atty. Concepcion:
Mr. Razon:
APPENDIX 4
REFERRED CASES/QUERIES
391
Mr. Razon:
Atty. Concepcion:
Mr. Razon:
392
Question #1:
Atty. Concepcion:
APPENDIX 4
REFERRED CASES/QUERIES
393
394
Atty. Concepcion:
APPENDIX 4
REFERRED CASES/QUERIES
395
396
APPENDIX 4
REFERRED CASES/QUERIES
397
Atty. Concepcion:
Mr. Razon:
398
Mr. Razon:
Atty. Concepcion:
Mr. Razon:
APPENDIX 4
REFERRED CASES/QUERIES
399
Atty. Concepcion:
Mr. Razon:
Atty. Concepcion:
400
Atty. Concepcion:
Mr. Razon:
Atty. Concepcion:
APPENDIX 4
REFERRED CASES/QUERIES
401
Atty. Concepcion:
Mr. Razon:
Atty. Conception:
Oho.
Question #4:
Atty. Concepcion:
Tama po yon sa madaling sabi, kung halimbawa, sila po ay nagsama noon ang babae
ay 15 anyos, tapos nagsama sila ng limang
taon at noong bente anyos na yung babae,
nagpakasal sila ng walang marriage license.
Yung kasal po ay hindi valid kasi sila po ay
nagsama na kulang sa limang taon na walang
impediment for getting married.
Question # 5:
402
Atty. Concepcion:
Question #6:
Atty. Concepcion:
Question #7:
Atty. Concepcion:
Question # 8:
Atty. Concepcion:
Question # 9:
Atty. Concepcion:
APPENDIX 4
REFERRED CASES/QUERIES
403
RD Manulon:
Atty. Concepcion:
RD Manulon:
Atty. Concepcion:
RD Manulon:
Atty. Concepcion:
Mr. Razon:
Atty. Concepcion:
Question # 10:
404
APPENDIX 4
REFERRED CASES/QUERIES
405
Atty. Concepcion:
Question # 11:
Atty. Concepcion:
Question # 12:
406
Atty. Concepcion:
Question # 13:
Atty. Concepcion:
Question # 14:
Atty. Concepcion:
APPENDIX 4
REFERRED CASES/QUERIES
407
Question # 15:
Atty. Concepcion:
Question # 16:
Atty. Concepcion:
408
Atty. Concepcion:
Question # 17:
Atty. Concepcion:
Mr. Razon:
RD Manulon:
APPENDIX 4
REFERRED CASES/QUERIES
409
Ms. Javaluyas:
Question # 2:
Ms. Javaluyas:
410
Ms. Javaluyas:
Question #4:
Ms. Javaluyas:
APPENDIX 4
REFERRED CASES/QUERIES
411
Ms. Javaluyas:
Question #6:
Ms. Javaluyas:
Question #7:
Ms. Javaluyas:
412
Ms. Javaluyas:
Question #9:
Ms. Javaluyas:
Question #10:
Ms. Javaluyas:
Question #11:
this
process
of
APPENDIX 4
REFERRED CASES/QUERIES
413
Suggestion #1:
Adm. Ericta:
Ms. Javaluyas:
414
Ms. Espinoza:
Question #2:
Ms. Espinoza:
Question #3:
So we are requesting?
Ms. Espinoza:
APPENDIX 4
REFERRED CASES/QUERIES
415
Question #4:
Ms. Espinoza:
Question #5:
Ms. Espinoza:
Question #6:
Ms. Espinoza:
Question #7:
Ms. Espinoza:
Yes, Sir.
Question #8:
416
Question #9:
Ms. Espinoza:
Yes.
Question #10:
Ms. Espinoza:
Yes.
Question #11:
Yes.
Ms. Espinoza:
Question # 12:
Ms. Espinoza:
APPENDIX 4
REFERRED CASES/QUERIES
417
Ms. Espinoza:
Question #14:
Ms. Espinoza:
Question #15:
Ms. Espinoza:
Question #16:
Okay.
RD Gulla:
Question #17:
Ms. Espinoza:
Question #18:
Version 2000?
418
Ms. Espinoza:
Question #19:
Ms. Espinoza:
Question #20:
Ms. Espinoza:
Question #21:
Ms Espinoza:
Question #22:
Ms. Espinoza:
Question #23:
APPENDIX 4
REFERRED CASES/QUERIES
419
420
Dir. Hufana:
Question #24:
Dir. Hufana:
Question #25:
Dir. Hufana:
Question #26:
Dir. Hufana:
Question #27:
APPENDIX 4
REFERRED CASES/QUERIES
421
Question #28:
Dir. Hufana:
422
Dir. Hufana:
Question #30:
APPENDIX 4
REFERRED CASES/QUERIES
423
Question #31:
Dir. Hufana:
Question #32:
Dir. Hufana:
424
Question #1:
APPENDIX 4
REFERRED CASES/QUERIES
Atty. Morales:
425
Adm. Ericta:
Question #2:
426
APPENDIX 4
REFERRED CASES/QUERIES
427
Question #3:
Atty. Morales:
428
Question #4:
APPENDIX 4
REFERRED CASES/QUERIES
429
Mr. Simmons:
Question #5:
L. Hufana:
Yes.
Question #6:
Atty. Morales:
Question #7:
430
Question #8:
Atty. Morales:
Question #9:
Mr. Simmons:
APPENDIX 4
REFERRED CASES/QUERIES
431
Adm. Ericta:
Question #11:
Adm. Ericta:
Question #12:
Adm. Ericta:
432
Question#12B:
Adm. Ericta:
Question #13:
Atty. Morales:
APPENDIX 4
REFERRED CASES/QUERIES
433
Ms. Hufana:
Question #15:
Dir. Hufana:
434
MCR Soriano:
Question #17:
MCR Soriano:
Question #18:
APPENDIX 4
REFERRED CASES/QUERIES
435
Question #19:
MCR Soriano:
Question #20:
436
APPENDIX 4
REFERRED CASES/QUERIES
437
438
Question #21:
APPENDIX 4
REFERRED CASES/QUERIES
439
Ms. Soriano:
440
Question #22:
Mrs. Hufana:
Question #23:
Ms. Soriano:
APPENDIX 4
REFERRED CASES/QUERIES
441
Atty. Morales:
Question #25:
Adm. Ericta:
Question #26:
Adm. Ericta:
442
Question #27:
Dir. Hufana:
Atty. Concepcion:
Question #2:
Dir. Hufana:
APPENDIX 4
REFERRED CASES/QUERIES
443
Dir Hufana:
Question #4:
Dir. Hufana:
444
Dir. Hufana:
Question #5:
Dir. Hufana:
Question #6:
APPENDIX 4
REFERRED CASES/QUERIES
445
Dir. Hufana:
Question #7:
Dir. Hufana:
Question #8:
Question #9:
Dir. Hufana:
446
Dir. Hufana:
Question #11:
Dir. Hufana:
APPENDIX 4
REFERRED CASES/QUERIES
447
Question #12:
Dir. Hufana:
Question #13:
Dir. Hufana:
RD Manulon:
Question #14:
Dir. Hufana:
448
Question #15:
Dir. Hufana:
Question #16:
Dir. Hufana:
Question #17:
APPENDIX 4
REFERRED CASES/QUERIES
449
Question #18:
Dir. Hufana:
Question #19:
Dir. Hufana:
Question #20:
450
Dir. Hufana:
Question #21:
Meron pong live-in partner ang babaeng katorse anyos, yung lalaki mga 27 years old na
nung nagsama sila. Ngayon po after eight
years gusto na nilang magpakasal pero yung
kanilang mga anak ni-rehistro na nila sa pangalan ng lalaki, although he is an illegitimate
son. Will the marriage of the couple legitimate
the son?
Dir. Hufana:
Question #22:
APPENDIX 4
REFERRED CASES/QUERIES
451
Question #23:
Dir. Hufana:
Question #24:
Dir. Hufana:
452
Dir. Hufana:
Question #26:
RD Manulon:
APPENDIX 4
REFERRED CASES/QUERIES
453
454
2.
APPENDIX 4
REFERRED CASES/QUERIES
455
3.
4.
456
Proof of Citizenship
Examples of sufficient evidence of U.S. citizenship
are:
2.
a.
b.
a U.S. passport
c.
d.
a Certificate of Naturalization.
3.
APPENDIX 4
REFERRED CASES/QUERIES
457
Military Approval
An active member of the United States Armed Forces
wishing to execute the Affidavit must present a letter of
approval of the marriage from the appropriate military
authority. Military personnel NOT assigned in the
Philippines are also required to obtain their authorization
from their respective commanding officer. Military
members are encouraged to plan well in advance of the
intended wedding date and to discuss the requirements
with their own command personnel office.
Marriage Procedure
The procedure to marry in the Philippines is as follows:
1.
2.
b.
c.
d.
e.
458
3.
b.
APPENDIX 4
REFERRED CASES/QUERIES
2.
459
c.
d.
Obtain the Immigrant Visa: When the approved petition is received by the Immigrant Visa Branch of the Consulate Section of the U.S. Embassy in Manila, it will notify the foreign spouse and provide guidance concerning
the subsequent steps to be completed in order to obtain
a visa. The applicant must obtain a passport, birth certificate, marriage certificate, police certificate, affidavit of
support, photographs, and medical examination according to specifications provided in the instructions. The visa
is good for four months from the date of issuance.
It can take anywhere from two to four months from
the date the petition is approved by INS to the date of the
issuance of the immigrant visa. If a field investigation is
required, the time period may be even longer. Therefore, a
U.S. citizen should not plan to take the alien spouse back
to the United States immediately following the marriage.
The non-resident US citizen spouse should be prepared
to leave the alien spouse behind to complete the required
documentation.
Because of the time involved in processing the petition and the application for an immigrant visa, those individuals living in the Philippines on assignment, either
government or private, are advised to initiate the required
documentation for their spouses and/or step-childrens
visa as far in advance of the anticipated rotation date as
possible.
460
Fiance Visa
It is possible to file a petition for an alien to enter the U.S. as
the fiance of an American citizen. The procedure is similar to the
procedure for filing a petition and obtaining an immigrant visa for an
alien spouse although, fiance petitions must be filed in the INS office
within the U.S. nearest to the petitioners residence. The petitioner
will be asked to submit evidence of his or her U.S. citizenship and
evidence that he or she has met the fiance in person within the last
two (2) years. He or she may also be required to present evidence of
the bona fide of the relationship with the fiance.
When approved, the petition will be forwarded to the Immigrant
Visa Branch of the U.S. Embassy in Manila. The Philippine fiance
will subsequently be provided by the Embassy with instructions on
how to proceed with his or her fiance visa application. Again, the
time period from the date the petition is approved by INS to the date
the visa is issued is approximately two to four months and can be
longer if a field investigation is required.
The fiance visa grants the fiance six months from the time of
issuance to enter the U.S. Upon entry, the fiance has ninety days in
which to marry the petitioner. Once the marriage has taken place,
the alien spouse can apply to adjust status to that of legal permanent
resident at the INS office nearest to his or her place of residence.
Note: U.S. immigration law concerning the children of an alien
fiance is not the same as that concerning the children of the alien
spouse. The U.S. citizen fiance does NOT have to file a separate
petition for each of the alien fiances unmarried children under 21
at the time the alien fiance enters the U.S. The U.S. citizen only
needs to indicate the names and date of birth of the children in the
appropriate block on the petition for alien fiance. The children will
automatically be included in the petition. Unmarried children over
the age 21 can be separately petitioned by the alien fiance after he
or she has adjusted status in the U.S. to that of legal permanent
resident.
Source: http://www.bookhaus.com/filipino/married.html
461
Appendix 5
REPUBLIC OF THE PHILIPPINES
NATIONAL STATISTICS OFFICE
OFFICE OF THE CIVIL REGISTRAR GENERAL
461
462
APPENDIX 5
ADMINISTRATIVE ORDER NO. 1
463
b.
c.
d.
e.
f.
j.
k.
l.
464
community elders;
n.
tribal leaders or authorities and traditional sociopolitical structures certified by National Commission
on Indigenous Peoples (NCIP); or
o.
2.5
2.6
2.7 National
(NCIP)
Commission
on
Indigenous
Peoples
APPENDIX 5
ADMINISTRATIVE ORDER NO. 1
465
implementation of policies, plans and programs to recognize, protect and promote the rights of Ethnic/Indigenous
Cultural Communities/Indigenous Peoples.
2.8
Marriage
A special contract of permanent union between a
man and a woman entered into in accordance with law
for the establishment of conjugal and family life (Article
1, EO 209 otherwise known as the Family Code of the
Philippines)
2.9
b.
b.
c.
466
APPENDIX 5
ADMINISTRATIVE ORDER NO. 1
467
468
b.
c.
d.
APPENDIX 5
ADMINISTRATIVE ORDER NO. 1
469
470
APPENDIX 5
ADMINISTRATIVE ORDER NO. 1
471
c.
6.6
6.7
6.8
6.9
fees
and
issues
6.10
6.11
Bishop
b.
c.
d.
Priest
e.
Imam
f.
Tribal Head/Chieftain
g.
472
b.
c.
d.
Proper endorsement/designation/recommendation
from the head of religion or religious sect to mention:
the full name, nationality, complete address, location
of the church, temple or mosque where the applicant
regularly perform rites and indicate the extent of his
territorial jurisdiction;
e.
APPENDIX 5
ADMINISTRATIVE ORDER NO. 1
473
f.
g.
h.
i.
j.
b.
c.
d.
b.
474
d.
e.
f.
g.
b.
c.
d.
e.
f.
APPENDIX 5
ADMINISTRATIVE ORDER NO. 1
475
7.5 Fees
Pursuant to Executive Order No. 197 issued by
President Joseph Ejercito Estrada on January 13, 2000
and implemented on April 4, 2000, the SOs shall pay the
following fees:
For each registration and issuance of authority
to solemnize marriage .............
Php 500.00
For each certified transcript from the register
of solemnizing officers .............
Php 100.00
For each duplicate or subsequent copy of
the certificate of authority to solemnize
marriage ..................................
Php 100.00
For each certification issued pertaining to
solemnizing officers .................
Php 100.00
8.2
8.3
8.4
8.5
8.6
476
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
APPENDIX 5
ADMINISTRATIVE ORDER NO. 1
477
478
479
Appendix 6
(Middle)
(Last)
2.
(For alien applicants) That I am a citizen of _____________
and my I-Card No. is ______________ and presently residing at _____
______________________________________________________________
(No.)
(Street)
(Sitio/Barangay)
______________________________________________________________
(City/Municipality/Province)
479
480
3.
_____________________________________________________________;
(Municipality) (Province/City)
4.
5.
by ______________________________________________________;
(State the title, name and position of the appointing officer)
6.
That in accordance with my appointment, a true copy of
which is hereto attached, I am authorized to perform religious rites
and services including solemnization of marriages in accordance
with my religion or religious sect upon the recommendation of _____
_____________________________________________________________;
(Head of the religion/religious sect)
7.
That my jurisdiction for the purposes of solemnizing
marriages as authorized by my religion/religious sect (specify the
exact territorial jurisdiction) is ________________________________;
8.
That my religion or religious sect operates in the
Philippines and as in good repute and I am assigned to its church,
temple or chapel situated in
_____________________________________________________________;
(No.)
(Street)
(Sitio/Barangay)
______________________________________________________________
(City/Municipality/Province)
9.
APPENDIX 6
APPLICATION FOR REGISTRATION OF AUTHORITY
TO SOLEMNIZE MARRIAGE
481
___________
___________
___________
___________
482
Appendix 7
ACCOMPLISHMENT OF APPLICATION FORM
(OCRG-SO FORM NO. 1)
For registration purposes, the application form is to be
accomplished in triplicate distributed as follows:
first copy to the applicant
second copy to the Regional Office
third copy to the Provincial Office
The following are the specific instructions on how to fill up the
OCRG-SO No. 1:
Item No. 1 Full Name of the Applicant.
Enter the First Name, Middle Name and Last Name of
the applicant. Do not include here the title of the SO such as
Rev., Pastor, etc.
Do not include aliases or nicknames.
Item No. 2 Citizenship/I-Card No./Address of the Applicant.
Enter the correct citizenship of the applicant.
Example: German
American
In case the applicant is a foreigner, indicate the I-Card
number.
Include also in this item the address where the SO
resides.
Enter the House/Building Number, Street Name, Name of
the Sitio/barangay, Name of the City/Municipality/ Province
482
APPENDIX 7
ACCOMPLISHMENT OF APPLICATION FORM
(OCRG-SO FORM NO. 1)
483
484
485
INDEX
Act No. 3613, 5, 15, 16
Act No. 3753, 2, 3, 80
Africa, Tomas P., 50, 56, 57, 64, 71
Bayaca, Gerardo P., 14
Capili, Severino G., 65
Cases cited:
Adong vs. Cheong Seng Gee, 26
Araes vs. Judge Occiano, 21
Bartolome vs. Bartolome, 123
Beso vs. Judge Daguman, 79
De Cardenas vs. Cardenas, 116
De Loria, et al. vs. Felix, 151, 161, 178
Jamias vs. Rodriguez, 11, 188
Jones vs. Hortiguela, 76
Leonor vs. Court of Appeals, 98
Madridejo vs. de Leon, 28
Martinez vs. Tan, 26
Mossesgeld vs. Court of Appeals, 67
Navarro vs. Judge Domagtoy, 20
Negre vs. Rivera, 26
Ninal, et al. vs. Badayog, 154
People vs. H. Janssen, 144
Pugeda vs. Trias, 177
Republic vs. Court of Appeals and Angelina Castro, 122, 131
Tomasa Vda. de Jacob vs. Court of Appeals, 157
United States vs. de los Reyes, 34
United States vs. Gaoiran, 124
United States vs. Memoracion, 176
United States vs. Pealosa, 31
United States vs. San Juan, 29
Vergara vs. Pascua, 42
Villar v. Paraiso, 36
Wong Woo Yiu vs. Vivo, et al., 53
Certificate of Registration of Authority to Solemnize Marriage
(CRASM), 80, 180
485
486
INDEX
487
488
INDEX
489
490
491
492
493
Handbook
for
Solemnizing Officers
in the
Philippines
(Based on Administrative Order No. 1,
Series of 2007)
with:
Office of the Civil Registrar General (OCRG) Memo/Circulars Concerning Duties and Functions of Local Civil
Registrars
by
ISBN 978-971-23-4678-1
No portion of this book may be copied or
reproduced in books, pamphlets, outlines or notes,
whether printed, mimeographed, typewritten, copied
in different electronic devices or in any other form, for
distribution or sale, without the written permission
of any of the authors except brief passages in books,
articles, reviews, legal papers, and judicial or other
official proceedings with proper citation.
Any copy of this book without the corresponding number and the signature of any of the authors
on this page either proceeds from an illegitimate
source or is in possession of one who has no authority
to dispose of the same.
No. ____________
Printed by
FOREWORD
The last decade and the turn of the century brought a wealth
of changes in the field of civil registration. In dealing with many
Solemnizing Officers and Local Civil Registrars, I found that one of
the biggest needs for a clear understanding of their responsibilities,
duties and functions aligned with the recently issued Administrative
Order No. 1, Series of 2007, is a reference that can guide them in their
work, especially in matters concerning marriage.
It gives me great satisfaction to see a book that compiles illustrative cases that can more or less answer your questions on marriage
and other marriage-related topics. Considering that this book is a
fruition of nearly four years of work, there is no doubt that it can
provide you, the readers, with guidance and at the same time situate
you within the wider perspective of these cases.
With this, we at the National Statistics Office hope that readers will find this book useful in providing information and advancing
knowledge. I believe that anyone reading this book will be convinced of
the strength and resolve of the commitment of the authors to provide
a good reference that abounds with illustrative cases.
If you find the previous book, Primer on the Civil Registration
in the Philippines, enlightening and beneficial to our countrymen as
evidenced by being certified by REX Book Store, Inc. as the best
selling reference book, you will find this publication as comprehensive
and beneficial. For this reason, I highly recommend this book.
CARMELITA N. ERICTA
Administrator and Civil Registrar General
iii
iv
PREFACE
This handbook has been written over a period of nearly four years
of laborious research. It is an offering born out of my perception of
the needs of about 40,750 solemnizing officers and about 1,617 local
civil registrars throughout the country for an easy to comprehend
reference anchored on Memoranda/Circulars issued by OCRG, DOJ
Opinions and Supreme Court decisions. A distinct feature of this book
is the section that builds a remarkable follow-up of the pertinent rules
through some notes and illustrative cases and considerable text of
cited authorities.
Written for people who want to understand better the process
and for church leaders who must offer guidance, this book reflects
a concern on shedding important light on how to implement the administrative order.
With the emergence of the Administrative Order No. 1, Series of
2007, the importance of this handbook gained more weight and relevance to the day-to-day functions of the solemnizing officers and the
local civil registrars. Thus, this handbook has finally taken shape.
The Authors though, cannot just close the pages of this book,
without mentioning with sincere appreciation to the Honorable Carmelita N. Ericta, NSO Administrator and Civil Registrar General,
who never fails to toss a challenge to NSO employees to continually
engage with stakeholders, to possibly come up with brighter ideas
for the good of civil registration. To Deputy Administrator Monina G.
Collado, Dir. Lourdes Hufana, Dir. Enrique Navarro, Atty. Maribeth
C. Pilimpinas, Ms. Editha Orcilla, Ms. Minette Esquivias, Ms. Socorro Constantino and to all NSO Regional Directors and Provincial
Statistics Officers throught the country, our earnest gratefulness.
Likewise, our indelible gratitude goes to Frezier S. Binondo,
Yvonne R. Mabatam, Juliet Cordero, Rogelio Saraspe, Garry Obsioma
and to all regional and provincial staff of NSO Region 10.
The Authors
vi
CONTENTS
Topics
Page
1
1
2
3
3
4
5
11
11
18
19
19
20
21
26
26
viii
26
27
28
29
36
37
38
38
39
39
40
41
41
ix
41
42
44
44
44
45
48
49
49
49
49
50
53
53
54
54
55
55
57
58
58
58
59
59
60
61
65
71
74
74
75
75
76
77
77
78
79
80
81
82
83
84
85
85
86
88
88
90
91
91
91
92
93
93
94
94
94
Marriage Counselling........................................................
Reason for Requiring Marriage Counseling.....................
OCRGs Circular Requiring Certificate of Marriage
Counseling as a Requirement for the Issuance of
Marriage License ......................................................
Registration of Marriage ...................................................
OCRGs Memorandum Re Effects of Divorce
Obtained Abroad by an Alien from His or
Her Filipino Spouse ..................................................
An Illustrative Case of A Petition for Annulment
of Marriage Since the Solemnizing Officer Failed
to Send Copy of the Marriage Contract to the
Civil Registrars Office..............................................
Rule 108 Cancellation or Correction of Entries in the
Civil Registry....................................................
Delayed Registration of Marriage ....................................
Marriages to be Registered Under the Rules of
Delayed Registration ................................................
Availability or Non-Availability of Certificate of
Marriage (Marriage Contract) .................................
Procedures in Reconstructing the Certificate of
Marriage ....................................................................
Double or Multiplicity of Registration Should
be Avoided .................................................................
Rule 2.9
Essential Requisites of Marriage...........................
Essential Requisite No. 1 ..................................................
An Illustrative Case on the Nullity of the
Subsequent Marriage Due to Existing Prior
Marriage (De Cardenas vs. Cardenas,
G.R. No. L-8218) .......................................................
Problems Essential Requisites of Valid Marriage
in the Phil. .................................................................
Parties Must Be Male and Female as an Essential
Requisite of Valid Marriage .....................................
Problem of Sex as Essential Requisite of Valid
Marriage ....................................................................
Essential Requisite No. 2 ..................................................
The Consent if Freely Given .............................................
Problem on Consent as an Essential Requisite
of Valid Marriage ......................................................
Marriage by Proxy .............................................................
Rules on Marriages by Proxy ............................................
Rule 2.10 Formal Requisites of Marriage ..............................
xii
95
95
96
97
97
98
105
108
109
110
113
114
115
115
116
117
119
119
119
119
120
120
120
121
121
121
122
122
122
123
124
124
124
124
125
126
126
127
128
130
131
131
131
137
137
139
140
143
144
144
148
149
151
151
151
153
154
154
156
157
159
159
159
160
161
166
170
171
173
173
174
174
175
175
176
177
178
179
179
180
180
181
182
182
183
184
184
184
185
185
186
186
187
188
188
190
192
193
194
195
195
196
196
196
199
202
203
206
207
207
207
APPENDICES
Appendix 1 OCRG SO Form No. 1 (Application for
Registration of Authority to Solemnize Marriage) ..........
211
214
214
215
216
216
218
219
220
221
224
226
229
230
231
232
234
235
236
236
237
238
239
240
241
242
243
244
248
249
250
252
253
255
257
258
260
261
262
266
269
271
275
280
281
286
288
294
295
296
297
297
299
300
301
302
303
308
312
319
320
320
329
337
338
338
339
339
340
340
343
344
344
344
354
354
355
357
359
360
362
365
366
366
369
378
386
409
414
424
442
452
454
455
460
479
482
Index ...........................................................................................
485
491
493
xxii