Rules and Regulations Governing Authority to Solemnize Marriage and their Registration (E.O. No. 209, s. 1987)

October 17, 1988

OCRG ADMINISTRATIVE ORDER NO. 1-88

 

Pursuant to Article 7(2) of the Family Code which took effect on 3 August 1988, the following rules and regulations governing the granting of authority to solemnize marriage to bishops, heads of religions and religious sects, priests, rabbis, imams and other religious ministers and their registration with the Office of the Civil Registrar General are hereby promulgated for the information, guidance and compliance of all concerned:

SECTION 1. Requisites for Registration. — Bishops, heads of religions and religious sects, priests, rabbis, imams and any other religious ministers who are authorized by the head of their respective religions or religious sects to solemnize marriage shall register with the Office of the Civil Registrar General, provided that their respective religions or religious sects operate in the Philippines and are in good repute. IESDCH

SECTION 2. When a Religion or Religious Sect is 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:

(1) Brief history of the religion or religious sect;

(2) That said religion or religious sect is duly incorporated for the administration of its temporalities;

(3) 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

(4) That the religion or religious sect has a congregation of not less than two hundred bona fide 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.

SECTION 3. When a Religion or Religious Sect is Deemed 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.

SECTION 4. Practice Incompatible with Good Reputation. — The practice by any religion or religious sect of appointing a person as priest, imam, rabbi or religious minister where such person does not perform, celebrate or hold religious gatherings, rites and services; but appears to be that of solemnizing marriage only, shall be considered prima facie proof that such religion or religious sect is not in good repute, in which case, registration of said person as solemnizing officer shall not be allowed, and if already granted authority to solemnize marriage and registered as such, the same shall be cancelled. acAIES

SECTION 5. Registration of Bishop or Head of Any Religion or Religious Sect. — The bishop or head of any religion or religious sect possessing the conditions imposed by Section 1 of these regulations may secure application form for registration from the provincial census officer of the National Statistics Office of the province where the church, temple or chapel of such bishop or head of any religion or religious sect is situated, or in the case of those in Metro Manila, the application form may be secured directly from the Office of the Civil Registrar General. The application form which must be subscribed and sworn to before a person authorized to administer oaths shall be filed with the same office where such application form was secured together with the following documents:

(1) A copy of his appointment as bishop or head of the religion or religious sect, or if he is a founder of a religious sect, a sworn statement setting forth the facts required in Section 2 of these regulations;

(2) A copy of the laws and regulations of his religion or religious sect; and ADEHTS

(3) A list of priests, imams, rabbis or religious minister under his immediate control or supervision, and their respective places of assignment and territorial jurisdiction within the Philippines.

SECTION 6. Registration of Priests, Rabbis, Imams, and other Religious Ministers. — Any priest, rabbis, imam or other religious minister of religion or religious sect which possesses the conditions imposed in Section 1 of these regulations may secure an application form for registration from the provincial census officer of the National Statistics Office of the province where the church, temple or chapel of such priest, rabbi, imam or other religious minister is situated, or in the case of those in Metro Manila, the application form may be secured directly from the Office of the Civil Registrar General. The application form which must be subscribed and sworn to before a person authorized to administer oaths shall be filed with the same Office where such application form was secured, together with a copy of his appointment as a priest, rabbi, imam or religious minister, and a copy of his authorization to solemnize marriage, both documents to be issued by the bishop or head of the religion or religious sect of which the applicant for registration is a member.

SECTION 7. Duty of the Provincial Census Officer. — With reference to the provisions of Sections 5 and 6 of these regulations, the provincial census officer shall examine the application form and the other required documents for completeness and correctness of entries. In case of doubt, the provincial census officer may conduct an investigation only with respect to the following:

(1) Whether the applicant for registration is performing other religious rites and services and not merely solemnize marriage;

(2) Whether or not the applicant has a church, temple or chapel where the religious rites and services are periodically conducted in the province; and AHTICD

(3) Whether or not the religion or religious sect of the applicant has a congregation of at least two hundred bona fide active members.

The provincial census officer shall forward the application form and all other required documents, and in some cases, the result of this investigation, to the Office of the Civil Registrar General, with his endorsement or recommendation as to whether or not the applicant shall be registered as a solemnizing officer. In case of negative endorsement or recommendation, he shall state the reason why the applicant for registration shall not be registered as a solemnizing officer.

The provincial census officer shall also collect the fee required by Section 15 of these regulations and shall issue a provincial receipt to the applicant-payee, provided such payment shall be in money order or check payable in the name of the National Statistics Office. No cash payment shall be accepted by the provincial census officer. All collections shall be sent to the Civil Registrar General by the provincial census officer together with the documents required in the preceding paragraph of this Section.

SECTION 8. Duty of the Regional Census Officer. — The Regional Census Officer, acting for and in behalf of the Civil Registrar General within his area of jurisdiction, shall have control and supervision over the acts of his provincial census officers in the performance of their functions with respect to these regulations.

SECTION 9. Duty of the Civil Registrar General. — Upon receipt of the endorsement from the concerned provincial census officer of the application form for registration and other documents required by these regulations of a bishop, head of religion or religious sect, priest, rabbi, imam or other religious minister, the Civil Registrar General, convinced hereby that the religion or religious sect of the applicant operates in the Philippines and is in good repute shall, upon payment of the required fee of the applicant, record in the Register of Solemnizing Officers the name of the applicant and such other necessary data, and issue to him the Certificate of Authority to Solemnize Marriage.

SECTION 10. Appointment of Priest, Rabbi, Imam or Religious Minister. — The appointment referred to in Section 6 of these regulations must contain the following information:

(1) The full name and title of the person appointed;

(2) His nationality and residence (Include his Immigrant Certificate Residence Number or Alien Certificate Residence Number, Passport Number, and expiry date of his visa, in case the appointee is a citizen of another Country.)

(3) His date of birth and place of birth;

(4) The extent of his territorial jurisdiction which is limited to cities and municipalities where the religion or religious sect of which the applicant is a member has a church, temple or chapel which is actually and exclusively used for religious rites and services of such religion or religious sect; and ACDTcE

 

(5) The church, temple or chapel which is under the applicant's direction or administration and where he usually and regularly performs religious rites and services including the solemnization of marriage, and the city or municipality where such church, temple or chapel is situated.

SECTION 11. Meaning of Church, Temple or Chapel. — For the purpose of the law and of these regulations, the church, temple or chapel shall mean any building, either of strong or light materials or combination of strong and 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.

SECTION 12. The Authority to Solemnize Marriage. — The authority to solemnize marriage shall be valid for a period of three years, shall expire on the thirty-first day of December of every third year, and shall be renewable within the said month of December. The effectivity date of the authority to solemnize marriage shall be the effectivity date indicated on the Certificate of Authority to Solemnize Marriage. The Certificate of Authority to Solemnize Marriage shall be displayed in a conspicuous place in the office of the solemnizing officer, or must be exhibited to the contracting parties, to their parents or guardians demanding the same. The solemnizing officer shall indicate below his name and title in the marriage contract the expiry date and registry number of his authority to solemnize marriage.

SECTION 13. Renewal of Authority to Solemnize Marriage. — The bishop, head of religion or religious sect, priest, rabbi, imam or religious minister may secure an application form for renewal of authority to solemnize marriage from the provincial census officer of the National Statistics Office of the province where the church, temple or chapel of the applicant is situated. Those who are within Metro Manila may secure the application form for renewal of authority to solemnize marriage directly from the Office of the Civil Registrar General. Said application shall be filed with the same office where it was secured, together with an endorsement of the bishop or head of the religion or religious sect recommending the renewal of the applicant's authority to solemnize marriage. In the absence of the favorable recommendation of the bishop or head of the religion or religious sect of which the applicant is a member, the Civil Registrar General may deny the issuance of the renewal of the authority to solemnize marriage.

In cases where the solemnizing officer does not receive his Certificate of Renewal of Authority to Solemnize Marriage on or before the expiry date of his previous authorization, he shall refrain from solemnizing marriage until such time when he receives his renewed authority. HDAaIc

SECTION 14. Revocation of the Authority to Solemnize Marriage and Cancellation of Registration. — The Civil Registrar General shall cancel the authorization issued to a bishop, head, rabbi, imam, or religious minister of any religion or religious sect, on his own initiative or at the request of any interested party upon showing that the religion or religious sect of such bishop, head, rabbi, imam or religious minister ceases to operate in the Philippines or ceases to be in good repute as defined by these regulations.

The authority to solemnize marriage may also be revoked and registration be cancelled by the Civil Registrar General on the following grounds:

(1) When the request for cancellation of authority to solemnize marriage is made by bishop or head of the religion or religious sect of which the solemnizing officer is a member;

(2 )When the request for cancellation of authority to solemnize marriage is made by the solemnizing officer himself;

(3) When before the expiry date of his authorization, the solemnizing officer ceases to be a member of the religion or religious sect which he represented at the time of registration;

(4) When the solemnizing officer has been convicted by final judgment of a crime involving moral turpitude or any crime punishable by imprisonment for more than six (6) months;

(5) When the solemnizing officer retires from his function as a priest, rabbi, imam or religious minister, or dies, or becomes permanently incapacitated to discharge the function of his office before the expiry date of his authorization;

(6) When the solemnizing officer willfully violates the provision of the existing marriage laws as when he Officiates a where no one of the contracting parties is a member of his religion or religious sect; or when he officiates marriage outside his territorial jurisdiction; or when he officiates marriage where the contracting parties do not have valid marriage license when such license is required and such fact is known to him; or when he fails or refuses to exhibit his authority to solemnize marriage when it is demanded from him by the contracting parties, by their parents or guardians; or when he fails or refuses to indicate on the marriage contract his registry number and the expiry date of his authority to solemnize marriage; and other violations of marriage laws; and

(7) In case of a foreigner, when his visa expires before the expiry date of his authority to solemnize marriage.

SECTION 15. Fees. — The bishop, head, priest, rabbi, imam or religious minister of a religion or religious sect shall pay the following fees:

 

For each registration and issuance	P 250.00
For each renewal of authorization		100.00
For each certified transcript from	P 50.00
For each duplicate or subsequent	P 50.00

 

SECTION 16. Penalty Clause. — The existing laws which punish acts or omissions concerning the solemnization of marriage, authority to solemnize marriages, and other acts of omissions relative to the celebration of marriage shall form part of these regulations. (See Annex "A")

SECTION 17. Date of Effectivity. — This Order shall take effect after fifteen days following the completion of its publication in the Official Gazette.

(SGD.) MARCELO M. ORENSECivil Registrar General

Published in the Official Gazette, Vol. 84, No. 43 on October 24, 1988.

17 October 1988

ANNEX "A"

PENAL PROVISIONS OF ACT 3613

SEC. 39. Illegal solemnization of marriage. — Any priest or minister solemnizing marriage without being authorized by the Director of the Philippine National Library (now, 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 banns or publications previous to the solemnization of a marriage in accordance with section ten, 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 provisions of 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 two hundred pesos nor more than two thousand pesos.

SEC. 40. Marriages 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.

SEC. 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.

SEC. 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 of the 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.

SEC. 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 nor more than two thousand pesos, or both, in the discretion of the court.

SEC. 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.

SEC. 45. Disqualification of priest 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, 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. 4236)

 

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.