Vous êtes sur la page 1sur 7

ADMINISTRATIVE ORDER NO.

125-2007
GUIDELINES ON THE SOLEMNIZATION OF MARRIAGE
BY THE MEMBERS OF THE JUDICIARY
WHEREAS, marriage under the Constitution, is an inviolable social
institution and the foundation of the family and shall be protected by the
State (Section 2, Article XV, 1987 Constitution);
WHEREAS, the Family Code likewise provides that the nature,
consequences and incidents of marriage are governed by law and not
subject to any stipulation (Article 1, Family Code);
WHEREAS, the Supreme Court has declared that the State has
surrounded marriage with safeguards to “monitor its purity, continuity and
permanence”;1
WHEREAS, for the above purposes, there is a need to lay down
rules to enable solemnizing authorities of the Judiciary to secure and
safeguard the sanctity of marriage as a social institution;
NOW, THEREFORE, the following Guidelines on the
Solemnization of Marriage by the Members of the Judiciary are hereby
promulgated:
A. Justices of the Supreme Court and other appellate courts
and Judges of the Regional Trial Courts, Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts
and Municipal Circuit Trial Courts
Section 1. Authority of solemnizing officer. -- a. Incumbent Justices
of the Supreme Court, Court of Appeals, Sandiganbayan and Court of Tax
Appeals have authority to solemnize marriages in any part of the
Philippines, regardless of the venue, provided the requisites of the law are
complied with;2 and
1Jimenez vs Republic, L-127900, August 31, 1960, 109 Phil 273.
2Navarrovs. Judge Domagtoy, A.M. No. MTJ-96-1088, July 19, 1996, 259 SCRA 129.
-2-
-2-
b. Judges of the Regional Trial Courts, Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal
Circuit Trial Courts have authority to solemnize marriages within the
court’s jurisdiction.3
Sec. 2. Raffle of requests for solemnization of marriages in
multiple-sala courts. -- Requests for solemnization of marriages submitted
to first and second level courts in stations with two or more branches shall
be governed by the rules and procedures in the raffle of cases prescribed by
existing resolutions and issuances. Raffle of requests shall be effected upon
payment of the appropriate legal fees.
Sec. 3. Venue of marriage ceremony solemnized by Judges. -- As a
general rule, a marriage shall be solemnized publicly in the chambers of the
judge or in open court except in the following instances:
a. A marriage contracted at the point of death or solemnized in a
remote place under Article 29 of the Family Code; or
b. A marriage where both parties submit a written request to the
solemnizing officer that the marriage be solemnized at a house
or place designated by them in a sworn statement to this
effect.
Sec. 4. Duties of solemnizing officer before the performance of
marriage ceremony. -- Before performing the marriage ceremony, the
solemnizing officer shall:
a. Ensure that the parties appear personally and are the
same contracting parties to the marriage;
b. Personally interview the contracting parties and
examine the documents submitted to ascertain if there is compliance
with the essential and formal requisites of marriage under the Family
Code; and
c. Personally examine the marriage license presented,
unless a marriage license is not required under the relevant
provisions of the Family Code, to determine the authenticity,
completeness and validity of the said license;
In the event that either or both of the contracting parties be
citizens of a foreign country, the solemnizing officer shall also
examine the certificate of legal capacity to contract marriage issued
by the respective diplomatic or consular officials and attached to the
marriage license.
3Article 7, Family Code; Navarro vs. Judge Domagtoy, ibid.
-3-
-3-
Sec. 5. Other duties of solemnizing officer before the solemnization
of the marriage in legal ratification of cohabitation. -- In the case of a
marriage effecting legal ratification of cohabitation, the solemnizing officer
shall (a) personally interview the contracting parties to determine their
qualifications to marry; (b) personally examine the affidavit of the
contracting parties as to the fact of having lived together as husband and
wife for at least five [5] years and the absence of any legal impediments to
marry each other; and (c) execute a sworn statement showing compliance
with (a) and (b) and that the solemnizing officer found no legal impediment
to the marriage.
Sec. 6. Duty of solemnizing officer during the solemnization of the
marriage.-- The solemnizing officer shall require the contracting parties to
personally declare before him and in the presence of not less than two
witnesses of legal age that the said parties take each other as husband and
wife.
Sec. 7. Duties of solemnizing officer after solemnization of the
marriage. -- After performing the marriage ceremony, the solemnizing
officer shall:
a. Ensure that the marriage certificate is properly
accomplished and has the complete entries, i.e., (1) the declaration
that the contracting parties take each other as husband and wife; (2)
the true and correct information and statements required under
Article 22 of the Family Code; (3) it is signed by the contracting
parties and their witnesses; and (4) it is attested by him;
b. See to it that the marriage is properly documented in
accordance with Article 23 of the Family Code, as follows:
(1) By furnishing either of the contracting parties
with the original of the marriage certificate
referred to in Article 6 of the Family Code;
(2) By transmitting the duplicate and triplicate copies
of the marriage certificate not later than fifteen
(15) days after the marriage to the local civil
registrar of the place where the marriage was
solemnized; and
(3) By retaining in the court’s files (1) the
quadruplicate copy of the marriage certificate, (2)
the original of the marriage license, and, in proper
cases, (3) the affidavit of the contracting parties
regarding the solemnization of the marriage in a
-4-
-4-
place other than the Justice’s/judge’s chambers or
in open court.
Sec. 8. Other duties of solemnizing officer after the solemnization of
the marriage where marriage license is not required. -- In cases of
marriage in articulo mortis or a marriage in a remote or distant area
referred to under Articles 27 and 28, respectively, of the Family Code, the
solemnizing officer shall prepare an affidavit stating the following:
(a) that the marriage was performed in articulo mortis or that the
residence of either party, specifying the barrio or barangay, is so
located that there are no means of transportation to enable such
party to appear personally before the local civil registrar;
(b) that the necessary steps were taken to ascertain the ages and
relationship of the contracting parties; and
(c) that there are no legal impediments to the marriage.
The solemnizing officer (a) shall execute the affidavit before the
local civil registrar or any other person legally authorized to administer
oaths; and (b) shall file or send the original of the affidavit, together with a
legible copy of the marriage contract, to the local civil registrar of the
municipality where it was performed within the period of thirty [30] days
after the performance of the marriage.
Sec. 9. Recording of marriages solemnized and safekeeping of
documents. -- a. The solemnizing officer shall cause to be kept in the court
a record book of all marriages solemnized. Marriages conducted shall be
entered sequentially and each entry shall set forth the names of the
contracting parties, their respective nationalities and current actual places
of residence, the date of marriage and the date of the marriage license.
b. The solemnizing officer shall cause to be filed in the court the
quadruplicate copy of the marriage certificate, the original of the marriage
license, the certificate of legal capacity when one or both parties are
foreigners or a copy thereof, and, when applicable, the affidavit of the
contracting parties regarding the request for change in the venue for the
marriage. All documents pertaining to a marriage shall be kept in one file
which file shall be properly labeled, catalogued and their integrity and
safety secured.
B. Judges of the Shari’a District Courts and Shari'a Circuit Courts
Sec. 10. Authority to Solemnize Marriages. -- a. Incumbent Judges
of the Shari’a District Courts and Shari’a Circuit Courts and any person
designated by the judge, should the proper wali (guardian for marriage)
-5-
-5-
refuse without justifiable reason, to authorize the solemnization, shall have
authority to solemnize marriages within the court’s jurisdiction (Article 18,
Code of Muslim Personal Laws).
Sec. 11. Venue of the Marriage Ceremony. -- The marriage shall
be solemnized publicly in any mosque, office of the Shari’a judge, office
of the District or Circuit Registrar, residence of the bride or her wali, or at
any other suitable place agreed upon by the parties (Article 19, Code of
Muslim Personal Laws).
Sec. 12. Marriages among Muslims without marriage license. --
Marriages among Muslims may be performed validly without the necessity
of a marriage license, provided that they are solemnized in accordance with
their customs, rites or practices. (Article 33, Family Code).
Sec. 13. Duties of the solemnizing officer before the marriage
ceremony. -- Before performing the marriage ceremony, the solemnizing
officer shall:
a. Ensure that the parties appearing personally before him
are the same contracting parties to the marriage to be solemnized;
and
b. Personally interview the contracting parties to satisfy
himself that the essential requisites for the marriage prescribed by
Article 15, Code of Muslim Personal Laws, are present.
Sec. 14. Other duties of the solemnizing officer before the marriage
ceremony. -- In case where one of the contracting parties is a female who
though less than fifteen but not below twelve years of age has attained
puberty, the solemnizing officer shall check whether or not, upon petition
of a proper wali, an order has been issued by a judge of the Shari’a District
Court for the solemnization of the marriage (Article 16, Code of Muslim
Personal Laws).
Sec. 15. Duty of the solemnizing officer during the marriage
ceremony. -- The solemnizing officer shall ensure that the ijab (offer) and
the qabul (acceptance) in marriage are (a) declared publicly in his presence
and of two competent witnesses; (b) set forth in an instrument (in triplicate)
signed or marked by the contracting parties and the said witnesses; and that
the declaration is attested by him (Article 17, Code of Muslim Personal
Laws).
Sec. 16. Duty of the solemnizing officer after the marriage
ceremony. -- The solemnizing officer shall (a) give one copy of the
declaration to the contracting parties; (b) sent another copy of the
declaration to the Circuit Registrar; and (c) keep the third copy (Article 17,
Code of Muslim Personal Laws).
-6-
-6-
C. Miscellaneous Common Provisions
Sec. 17. Cases not covered by the Guidelines. -- In all other cases
not covered by the Guidelines, the solemnizing officer shall comply and act
in accordance with the requirements prescribed by the relevant provisions
of the Family Code, the Code of Muslim Personal Laws of the Philippines,
and Sections 37-45, Republic Act No. 3631 or the Marriage Law Act of
1929.
Sec. 18. Fees for the Solemnization of Marriages. -- For the
performance of marriage ceremony and issuance of marriage certificate
and subject further to the provisions of AM No. 04-2-04-SC (16 August
2004) the legal fees in the following amounts shall be collected:
(a) For marriages solemnized by Justices of the Supreme Court
and other appellate courts – Three hundred (P300.00) pesos;
(b) For marriages solemnized by Judges of the Regional Trial
Courts and Shari’a District Courts – Three hundred (P300.00)
pesos; and
(c) For marriages solemnized by Judges of the Metropolitan Trial
Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts; Municipal Circuit Trial Courts and Shari’a Circuit
Courts – Three hundred (P300.00) pesos.
All fees collected for the solemnization of marriage shall accrue to
the Judiciary Development Fund.
Sec. 19. Payment of legal fees in Philippine legal tender. -- All fees
shall be paid in Philippine currency and such fees collected shall be
properly officially receipted.
Sec. 20. Unauthorized demand for and receipt of marriage
solemnization fees. -- The demand for or solicitation, collection or receipt
of fees for the solemnization of any marriage in excess of the amounts
stated herein shall be considered a violation of these Guidelines and shall
subject the solemnizing authority to administrative disciplinary measures.4
Sec. 21. Facilitation of marriage ceremony. -- Any judge or
employee of the court who, alone or with the connivance of other court
personnel or third persons not employed by the court, intervenes so that the
marriage of contracting parties is facilitated or performed despite lack of or
without the necessary supporting documents, or performs other acts that
4 Dysico vs. Dacumos, A.M. No. MTJ-94-999, September 23, 1996; 262 SCRA 274.
-7-
-7-
tends to cause the solemnization of the marriage with undue haste shall be
subjected to appropriate administrative disciplinary proceedings.
Sec.22. Reporting of marriages solemnized. -- All marriages
solemnized shall be duly entered and indicated in the monthly report of
cases to be accomplished by the solemnizing officer.
Sec.23. Posting of the Guidelines. -- All Executive
Judges/Presiding Judges shall post copies of these Guidelines (a) in
conspicuous places in their respective Halls of Justice or courthouses; and
(b) on the bulletin board of each court at the entrance to the courtroom.
Sec.24. Violations of the Guidelines. -- Violations of any of the
provisions of the Guidelines shall be ground for the appropriate
administrative disciplinary proceedings.
Sec. 25. – Repealing clause. -- The provisions of administrative
orders, circulars and other issuances of the Supreme Court inconsistent
herewith are deemed amended or revoked.
Sec. 26. Effectivity. -- These Guidelines shall take effect
immediately.
August 9, 2007.
REYNATO S. PUNO
Chief Justice