Implementing Rules and Regulations Governing the Registration of the Authority to Solemnize Marriage with the Civil Registrar (E.O. No. 209, s. 1987)

February 16, 2007

NSO ADMINISTRATIVE ORDER NO. 01-07

 

Pursuant to Article 7 (2) of the Family Code of the Philippines which took effect on 3 August 1988, the following rules and regulations governing the registration of authority to solemnize marriage by bishops, heads/founders of religions and religious sects, priests, imams and other religious ministers with the Office of the Civil Registrar General (OCRG) are hereby promulgated for the information, guidance and compliance of all concerned. This Rule amends OCRG Administrative Order No. 1, Series of 1988.

Pertinent provisions of marriage laws governing Muslim Filipinos and Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), under P.D. 1083 otherwise known as the Code of Muslim Personal Laws of the Philippines and Republic Act 8371, otherwise known as the Indigenous Peoples Rights Acts of the Philippines, respectively, are incorporated in these rules.

RULE 1

General Provision

The National Statistics Office (NSO) through the Civil Registrar General (CRG) is the authority having technical control and supervision on the civil registration in the Philippines.

The Administrator of the NSO, concurrently the CRG, is vested with authority to issue rules and regulations in carrying out the provisions of Act 3753 (entitled: "An Act to Establish a Civil Register") and other laws on civil registration including those on the registration of the authority to solemnize marriages.

Prior to the enactment of Civil Registry Law on February 27, 1931, the system of civil registration was purely a local government affair. Section 2 of 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 became centralized because all rules and regulations pertaining to civil registration emanates from the CRG".

When Commonwealth Act No. 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). Section 2 (f) of this law mandated the NSO to carry out and administer the provisions of Act 3753. ACTISD

On August 3, 1988, with the enactment of the Executive Order No. 209, otherwise known as the Family Code of the Philippines, the function of registering the authority of priests or ministers of any church and religious sect to solemnize marriage is vested upon the Office of the Civil Registrar General [Art. 7 (2)].

RULE 2

Concepts and Definitions

Unless otherwise given another meaning elsewhere in these rules, each of these terms shall mean and be understood in accordance with the following working concepts and definitions:

2.1 Civil Registrar General (CRG)

The head of the NSO which is the national agency mandated to carry out and administer the provisions of Act No. 3753 and other laws on civil registration.

2.2 Solemnizing Officer (SO)

An officer vested with the authority to solemnize or officiate the marriage of a man and a woman in accordance with law or with the rites, practices, and ceremonies as prescribed or granted by their religion/religious sect or tribe or ethnic aggrupation.

These include:

a. Any incumbent member of the judiciary within the court's jurisdiction; as provided in the Family Code of the Philippines;

b. Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the CRG, 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 officer's church or religious sect;

c. Any ship captain or airplane chief only in cases of marriage in articulo mortis;

d. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise in cases of marriage in articulo mortis;

e. Any consul-general, consul or vice-consul, in cases of marriage between Filipino citizens abroad;

f. City or Municipal Mayors within their area of jurisdiction under R.A. 7160 otherwise known as the Local Government Code of the Philippines;

As provided in Article 18, Section 1, Chapter II, Book Two of Presidential Decree 1083:

g. proper wali (guardian in marriage) of a woman to be wedded;

h. any person who is competent under Muslim Law upon authority of the proper wali; or

i. judge of the Shari'a District Court of the Shari'a Circuit Court or any person designated by the judge, should the proper wali refuse without justifiable reason, to authorize the solemnization. IcAaSD

As provided by OCRG Administrative Order No. 3, Series of 2004, otherwise known as "Rules and Regulations Governing Registration of Acts and Events Concerning the Civil Status of Indigenous Peoples", marriages between members of ethnic cultural communities or indigenous peoples may be solemnized by:

j. community elders;

k. tribal leaders or authorities and traditional socio-political structures certified by National Commission on Indigenous Peoples (NCIP); or

l.authorities duly acclaimed and respected in the tribal communities who perform and solemnize marriage in accordance with the customs, traditions and practices of the community.

2.3 City/Municipal Civil Registrar (C/MCR)

The head of the department/office in the Local Government Unit mandated by law to carry out civil registration functions.

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.

2.5 NSO Provincial Statistics Officer (PSO)

Head of the NSO Provincial Office (PO) who assists the CRG in the implementation of civil registration in the province of jurisdiction. acIHDA

2.6 Office of the Muslim Affairs (OMA)

An office created under the Office of the President with a mandate to preserve and develop the culture, traditions, institutions and well-being of Muslim Filipinos, in conformity with the country's laws and in consonance with national unity and development. (Executive Order No. 122-A)

2.7 National Commission on Indigenous Peoples (NCIP)

An office created under the Office of the President, which is primarily responsible for the formulation and 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 Essential Requisites of Marriage

Essential requisites refer to the substance of the marriage that affect its intrinsic validity.

The essential requisites of marriage are:

a. legal capacity of the contracting parties who must be a male and a female; and

b. their consent freely given in the presence of the Solemnizing Officer. (Article 2, EO 209 otherwise known as the Family Code of the Philippines)

2.10 Formal Requisites of Marriage

Formal requisites refer to the form of the marriage that affect its extrinsic validity.

The formal requisites of marriage are:

a. the authority of the Solemnizing Officer;

b. a valid marriage license except in cases of marriage exempt from marriage license requirement;

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)

2.11 Marriage License

Is an official document issued by the C/MCR that gives authority to be married to each other in accordance with law. (Manual on Civil Registration, 1983)

2.12 Certificate of Marriage ETCcSa

The prescribed form used for the declaration of facts and circumstances regarding the marriage of two persons for purposes of registration. (Manual on Civil Registration, 1983)

2.13 Certificate of Registration of Authority to Solemnize Marriage (CRASM)

A certificate issued to SO certifying the registration of his authority to solemnize marriage after complying with the requirements. This certificate indicates that the SO is authorized to solemnize marriages under his territorial jurisdiction within the period specified.

The CRASM shall be valid for a period of three years and shall expire on the thirty-first day of December of every third year, and shall be renewable within the last quarter of the expiration year. The effectivity date of the authority to solemnize marriage shall be indicated in the CRASM.

2.14 Register of Solemnizing Officers

The registry book which contains the information pertaining to the registration of SOs.

2.1 5Territorial Jurisdiction

A well-defined but delimited area or place where a SO can validly officiate a marriage. The area or place may be the whole Philippines, or only part thereof, such as a region, province, congressional district, or a diocese.

2.16 Place of Solemnization of Marriage

Place where marriage is solemnized publicly such as in a church, chapel, temple, mosque, judge's sala or chamber, mayor's office, office of the Consul-General, consul or vice-consul, and not elsewhere unless with prior written request from the contracting parties and with prior written approval from the solemnizing officer, which fact must be declared in a public instrument. (Art. 8, EO 209 otherwise known as the Family Code of the Philippines)

For Muslim marriages, it may be solemnized in any mosque, at the Office of the Shari'a judge, at the Office of the District or Circuit Registrar, residence of the bride or her wali, or any other suitable place agreed upon by the parties. (Art. 19, Section 1, Chapter Two Book Two of PD 1083).

For tribal marriages, it is any suitable place agreed upon by the parties provided it is in accordance with their customs, traditions and practices.

2.17 Church/Chapel/Temple/Mosque

Any building, either of strong or light materials or combination of strong or light materials, which is permanent in character, and is opened during convenient hours of the day, and used actually and exclusively for holding religious gatherings, rites and services, including solemnization of marriage, and such building must be under the possession and control of the religion or religious sect of which the applicant is a member.

2.18 Religious Sect

A group of persons or organization professing a common faith and set of beliefs, and governed or guided by a common religious doctrine or creed.

2.19 Religion

A personal set or institutionalized system of religious attitudes, beliefs and practices.

2.20 Religious Services

Gatherings periodically done in a fixed place for the exercise of religious worship and manifestation of the member's faith. CDAcIT

2.21 Religion/Religious Sect Deemed Operating in the Philippines

A religion or religious sect is deemed operating in the Philippines when a great number of Filipinos profess it, and this fact appears clearly in the latest census records of the Philippines. In the absence of census records, or in case of doubt, the founder or head of the religion or religious sect shall declare in a public instrument the following facts:

a. Brief history of the religion or religious sect;

b. That said religion or religious sect is duly incorporated for the administration of its temporalities;

c. That the religion or religious sect has at least one church, temple or chapel which is used actually and exclusively for religious rites and worship in the Philippines, and if more than one, the places in the Philippines wherein these churches, temples or chapels are respectively situated, and the name of the priests, rabbis, imams or religious ministers assigned to each; and

d. That the religion or religious sect has a congregation of not less than two hundred bonafide active members who must all be residents of the Philippines and who attend the religious gatherings and services which said religion or religious sect holds periodically in its own church, temple or chapel.

2.22 Religion/Religious Sect in Good Repute

A religion or religious sect is in good repute when it holds religious services or gatherings periodically in a fixed place devoted actually and exclusively for religious rites and worship, complies with the requirements of the marriage law and of these regulations, and that there is nothing in its teachings, principles and practices that is contrary to law, moral, good custom and public policy.

Unless and until otherwise shown, the religion or religious sect appearing in the latest census records of the Philippines, as being professed by a great number of Filipinos, shall be presumed to be in good repute.

When the religion or religious sect does not appear in the latest census records of the Philippines, or in case of doubt, the question of its being in good repute may be proven by means of a certification of the Mayor having jurisdiction over the place where its church, temple or chapel is situated, affirming the facts and circumstances referred to in the first paragraph of this section.

RULE 3

Duties of the Civil Registrar General

3.1. Keeps and maintains the national database of solemnizing officers;

3.2. Issues instructions to the RDs and PSOs with reference to the implementation of this Order;

3.3. Conducts a thorough investigation for all cases of violations related to this Order;

3.4. Enforces and monitors the implementation of the Rules and Regulations of this Order;

3.5. Consolidates the monthly reports/data files submitted by the RDs;

3.6. Enforces penalty provisions as prescribed by law; HDcaAI

3.7. Prescribes fees for registration of SOs.

RULE 4

Duties and Responsibilities of the Solemnizing Officer

4.1. Registers his authority to solemnize marriage at the NSO, if applicable;

4.2. Displays in a conspicuous place, inside his/her office his/her CRASM;

4.3. Ensures that the requirements for the solemnization of marriage under the law are complied with;

4.4. Performs religious services except those SOs who solemnize marriage inherent to their functions, customs and traditions as provided by law;

4.5. Solemnizes marriages within the territorial jurisdiction;

4.6. Ensures the accuracy and completeness of entries in the Certificate of Marriage;

4.7. Submits the Certificate of Marriage to C/MCR for registration within the reglementary period;

4.8. Files, keeps and preserves Certificate of Marriage;

4.9. Complies with other requirements as may be prescribed by the CRG.

RULE 5

Duties of the NSO Regional Director

5.1. Accepts, reviews and evaluates applications for registration of authority to solemnize marriage from the PSOs;

5.2. Records data pertaining to SOs;

5.3. Signs and issues the Certificate of Registration of Authority to Solemnize Marriage (CRASM);

5.4. Investigates applications which cannot be acted upon by the PSOs when necessary;

5.5. Recommends to the CRG for resolution applications which cannot be acted upon by the RD;

5.6. Files, keeps and preserves records of SOs;

5.7. Submits reports/updated data files to CRG on the tenth day after the reference month;

5.8. Supervises and monitors the activities of all PSOs under his jurisdiction relative to the implementation of this Order;

5.9. Implements security measures to preserve the integrity of the CRASM;

5.10. Performs other functions related to the implementation of this Order. DCcHIS

RULE 6

Duties of the NSO Provincial Statistics Officer

6.1. Ensures the availability of application forms (OCRG-SO Form No. 1);

6.2. Accepts duly accomplished application forms together with the supporting documents as enumerated under Sec. 7.4 of Rule 7;

6.3. Checks the completeness and correctness of entries;

6.4. Evaluates the application and supporting documents;

6.5. In case of doubt, conducts investigation with respect to the following:

a. Whether the applicant for registration is performing other religious rites and services and not merely solemnizing marriage.

b. Whether or not the religious sect to which the applicant is a member, has a church, temple or chapel in the province where the religious rites and services are periodically conducted.

c. Whether or not the religion or religious sect to which the applicant is a member, has a congregation of at least 200 bonafide active members.

6.6. Endorses application forms and all other required documents to the Office of the Regional Director;

6.7. Submits reports of investigations conducted;

6.8. Accepts payments on prescribed fees and issues corresponding official receipts;

6.9. Submits monthly financial report to the Accounting Division;

6.10. Releases CRASM to the concerned SOs;

6.11. Performs other functions related to the implementation of this Order.

RULE 7

Registration Procedures

7.1 Who Shall Apply

The following shall apply for the registration of authority to solemnize marriage:

a. Bishop

b. Founder of the religion/religious sect

c. Head of the religion/religious sect

d. Priest

e. Imam

f. Tribal Head/Chieftain

g. Other religious ministers/pastors

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.

7.3 When to Apply

Applications for registration of authority to solemnize marriage may be filed anytime of the year. SOs whose registration shall expire on the 31st of December of any current year may submit their applications on or before the 31st December but not earlier than the 1st of October of that current year.

7.4 Requirements for Registration

The SOs whose religion or religious sect is deemed operating in the Philippines and in good repute are required to register their authority to solemnize marriage with the CRG under Article 3 of the Family Code and shall comply with the following:

a. Accomplished application form (OCRG-SO Form No. 1) in triplicate copies, subscribed and sworn to before a person authorized to administer oath with affixed documentary stamp;

b. Three copies of colored ID pictures (2 x 2) with white background taken not more than a month ago from the date of application. Pictures should not be computer-generated to preserve its quality. In cases the person is using glasses, it should be removed to have a clear image of the person. The back of the ID picture should contain the signature of the applicant;

c. A machine copy of appointment as priest, head, founder, bishop, pastor and minister of the religion or religious sect;

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. Proof of attendance in an orientation seminar conducted by NSO for SOs;

f. Certified True Copy of Certificate of Live Birth;

g. I-Card issued by the Commission on Immigration and Deportation (CID), in case the applicant is a citizen of a foreign country;

h. Certified True Copy of Certificate of Ordination issued by his/her respective church;

i. Payment of registration fee;

j. Certificate of Registration, Articles of Incorporations and by-laws, and updated General Information Sheet (G.I.S) certified by the Head of the religion or religious sect.

For Heads/Bishops/Presidents/Founders, the following requirements are required in addition to Requirements 7.4.a to 7.4.i above:

a. Endorsement or recommendation from the Board of Trustees/Directors or Church Council. cITaCS

b. In case there are no Board of Trustees/Directors, the head/bishop/president/founder of the religion/religious sect shall submit a sworn statement duly notarized.

c. Sworn statement containing brief history of the religion/religious sect and the list of 200 bonafide active members stating therein their complete address and signed by the members.

d. A certified Certificate of Registration, Articles of Incorporations and by-laws, and updated General Information Sheet (G.I.S.) issued by the Securities and Exchange Commission (SEC).

For Imams, the following requirements are required:

a. Accomplished application form (OCRG-SO Form No. 1) in triplicate copies, subscribed and sworn to before a person authorized to administer oath with affixed documentary stamp;

b. Three copies of colored ID pictures (2 x 2) with white background taken not more than a month ago from the date of application. Pictures should not be computer-generated to preserve its quality. In cases the person is using glasses, it should be removed to have a clear image of the person. The back of the ID picture should contain the signature of the applicant;

c. Proof of attendance in an orientation seminar conducted by NSO for SOs;

d. Certified True Copy of Certificate of Live Birth;

e. I-Card issued by the Commission on Immigration and Deportation (CID), in case the applicant is a citizen of a foreign country;

f. Certification from the Office of Muslim Affairs (OMA) that the applicant is authorized to solemnize marriage;

g. Payment of registration fee.

For Tribal Heads/Chieftains, the following requirements are required:

a. Accomplished application form (OCRG-SO Form No. 1) in triplicate copies, subscribed and sworn to before a person authorized to administer oath with affixed documentary stamp;

b. Three copies of colored ID pictures (2 x 2) with white background taken not more than a month ago from the date of application. Pictures should not be computer-generated to preserve its quality. In cases the person is using glasses, it should be removed to have a clear image of the person. The back of the ID picture should contain the signature of the applicant;

c. Proof of attendance in an orientation seminar conducted by NSO for SOs;

d. Certified True Copy of Certificate of Live Birth;

e. Certification from the National Commission on Indigenous Peoples (NCIP) that the applicant is authorized to solemnize marriage;

f. Payment of registration fee.

7.5 Fees TSEHcA

Pursuant to Executive Order No. 197 issued by then 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	Php500.00
For each certified transcript
from the register of
solemnizing officers	Php100.00
For each duplicate or
subsequent copy of
the certificate of
authority to solemnize
marriage	Php100.00
For each certification
issued pertaining to
solemnizing officers	Php100.00

All fees accruing from the application for registration of the authority to solemnize marriages of the SOs shall be payable to the National Statistics Office.

RULE 8

Grounds for Cancellation of CRASM

The CRG through the RDs shall cancel the CRASMs issued to SOs based on the following grounds:

8.1 When the request for cancellation of authority to solemnize marriage is made by the bishop or head of the religion or religious sect of which the SO is a member;

8.2 When the request for cancellation of authority to solemnize marriage is made by the SO himself;

8.3 When before the expiry date of his authorization, the SO ceases to be a member of the religion or religious sect which he represented at the time of registration;

8.4 When the SO has been convicted by final judgment of any crime;

8.5 When the SO retires from his function as a priest or religious minister, or dies, or becomes permanently incapacitated to discharge the function of his office;

8.6 When the SO willfully violates the provisions of the existing laws as when he officiates marriage where no one of the contracting parties is a member of his religion or religious sect;

8.7 When the SO officiates marriage outside his territorial jurisdiction;

8.8 When the SO fails or refuses to exhibit his authority to solemnize marriage when it is demanded from him by the contracting parties, their parents or guardian;

8.9 When the SO officiates marriage where the contracting parties do not have a valid marriage license when such license is required and such fact is known to him; aAIcEH

8.10 When the SO officiates marriage with expired marriage license;

8.11 When the SO fails or refuses to indicate on the marriage certificate his registry number and the expiry date of his authority to solemnize marriage;

8.12 In case of foreigner, when his visa/I-Card expires before the expiry date of his authority to solemnize marriage;

8.13 When the SO allows proxy marriages which is a kind of marriage arrangement where one of the parties to a marriage is represented merely by someone else who may be a delegate or a friend of one of the contracting parties;

8.14 When the SO is represented by a proxy SO or somebody else who performs the marriage for and in his behalf;

8.15 When the SO is physically incapacitated where his performance to solemnize marriage is substantially affected such as blindness, etc.;

8.16 When the SO does other acts in contravention with law.

RULE 9

Penalty Provisions

ACT 3613

SECTION 39. Illegal Solemnization of Marriage. — Any priest or minister solemnizing marriage without being authorized by the Civil Registrar General or who, upon solemnizing marriage, refuses to exhibit his authorization in force when called upon to do so by the parties or parents, grandparents, guardians, or persons having charge; and any bishop or officer, priest, or minister of any church, religion or sect the regulations and practices whereof require publication previous to the solemnization of a marriage in accordance with section 10, who authorizes the immediate solemnization of a marriage that is subsequently declared illegal; or any officer, priest or minister solemnizing marriage in violation of the provisions of this Act (now, Family Code), shall be punished by imprisonment for not less than one month nor more than two thousand pesos.

SECTION 40. Marriage in Improper Places. — Any officer, minister or priest solemnizing marriage in a place other than those authorized by this Act (now, Family Code), shall be punished by a fine of not less than twenty-five pesos nor more than three hundred pesos, or by imprisonment for not more than one month, or both, in the discretion of the court.

SECTION 41. Failure to Deliver Marriage Certificate. — Any officer, priest, or minister failing to deliver to either of the contracting parties one of the copies of the marriage contract or to forward the other copy to the authorities within the period fixed by law for said purpose, shall be punished by imprisonment for not more than one month or by a fine of not more than three hundred pesos, or both in the discretion of the court.

SECTION 42. Affidavit on Marriage in Articulo Mortis. — Any officer, priest, or minister who, having solemnized a marriage in articulo mortis, or any other marriage of an exceptional character, shall fail to comply with the provisions of Chapter II of this Act (now Chapter 2, Family Code), shall be punished by imprisonment for not less than one month nor more than two years, or by a fine of not less than three hundred pesos nor more than two thousand pesos, or both, in the discretion of the court.

SECTION 43. Unlawful Signboards. — Any person who, not being authorized to solemnize marriage, shall publicly advertise himself, by means of signs or placards placed on his residence or office or through the newspapers, as authorized to solemnize marriage, shall be punished by imprisonment for not less than one month nor more than two years, or by a fine of not less than fifty pesos not more than two thousand pesos, or both, in the discretion of the court.

SECTION 44. General Penal Clause. — Any violation of any provision of this Act (now Family Code) not specifically penalized, or of the regulations to be promulgated by the proper authorities, shall be punished by a fine of not more than two hundred pesos or by imprisonment for not more than one month, or both, in the discretion of the court. HATICc

SECTION 45. Disqualification of Priests and Ministers. — Any priest or minister of the gospel of any denomination, church, sect, or religion convicted of any of the provisions of this Act or of any crime involving moral turpitude, shall, in addition to the penalties incurred in each case, be disqualified to solemnize marriage for a period of not less than six months nor more than six years at the discretion of the court. (as amended by Act No. 4263)

REVISED PENAL CODE

ART. 352. Performance of Illegal Marriage Ceremony. — Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law.

RULE 10

Retroactivity Clause

These rules shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.

RULE 11

Separability Clause

If any portion or provision of these rules is declared void or unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration.

RULE 12

Repealing Clause

All circulars, memoranda, rules and regulations issued by the CRG or parts thereof inconsistent with the provisions of these rules are hereby repealed or modified accordingly.

RULE 13

Date of Effectivity

These rules shall take effect fifteen days after its publication in the Official Gazette.

DONE in the City of Manila, Philippines this 16th day of February 2007.

(SGD.) CARMELITA N. ERICTACivil Registrar General