MARRIAGE The NCR Experiences

1. MARRIAGEThe NCR Experiences Judge Marissa M. Guillen Regional Trial Court Branch 60 Makati

2. Table 1. Number and Percent Distribution of Marriages of Bride and Groom by Region, Philippines: 2002 - 2003 =============================================== 2003 | 2002 |Region -----------------------|-----------------------| Percent Number Percent | Number Percent | Change -------------------------------------------------------------------------------- Philippines 593,553 100 583,167 100 1.8 National Capital Region 100,665 17 100,698 17.3 0 Cordillera Administrative Region 10,822 1.8 10,657 1.8 1.5 I - Ilocos 35,857 6 35,071 6 2.2 II - Cagayan Valley 25,884 4.4 25,441 4.4 1.7 III - Central Luzon 75,738 12.8 72,827 12.5 4 VA - CALABARZON 78,466 13.2 93,754 16.1 -1.3 IVB - MIMAROPA 16,527 2.8 V - Bicol 33,905 5.7 31,771 5.4 6.7 VI - Western Visayas 43,122 7.3 43,832 7.5 -1.6 VII - Central Visayas 43,060 7.3 42,097 7.2 2.3 VII - Eastern Visayas 22,178 3.7 19,409 3.3 14.3 IX - Zamboanga Peninsula 16,312 2.7 16,233 2.8 0.5 X - Northern Mindanao 27,329 4.6 28,032 4.8 -2.5 XI - Davao 27,876 4.7 35,685 6.1 -21.9 XII - SOCCSKSARGEN 19,980 3.4 12,968 2.2 54.1 XIII - Caraga 13,774 2.3 13,588 1.4 Autonomous Region in Muslim Mindanao 2,058 0.3 1,104 0.2 86.4 ------------------------------------------------------------------------------------- Source: Vital Statistics Division, Civil Registration Department National Statistics Office, Republic of the Philippines Page last updated:August 12, 2006

3. Marriages: The NCR Experience Under the 1987 Constitution and as reiterated in Article I of the Family Code, marriage is a special contract of permanent union between man and woman which is entered into in accordance with law.

4. Because marriage is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation except for marriage settlements that fix the property

5. relations between the parties, it is the interest of the State to preserve and protect the sanctity of all marriages contracted unless it is clear from the proofs presented that the marriage is by some formal or substantive infirmity.

6. Four requisites that must be presented before a valid marriage may solemnized • Legal capacity of the contracting parties who are male and female • Consent freely given in the presence of the solemnizing officer

7. The solemnizing officer has to have the requisite authority to solemnize the marriage; and • As a general rule, a valid marriage license must be obtained.

8. Several Rules Solemnizing Officer should strictly comply 1. Make sure that the parties have the legal capacity to marry, meaning that one or both of the parties are at least eighteen years old and that they are male and female.

9. 2. Make sure before you celebrate the marriage that the parties before you are the same parties listed in the marriage license, since marriage by proxy is not permitted in the Philippines.

10. Also, ascertain for yourself that the parties are sincere in their intentions to marry. Marriage because of jest or that which is the result of coercion, intimidation, duress or trickery is voidable because of the absence of the essential requisite of consent.

11. 3. See to it that the marriage license submitted by the parties is valid. There have been occasions where licenses submitted are fake, meaning that per the records of the civil registrar where the license has been procured no license with

12. that particular registration number was issued by her office.

13. 4. The fourth rule relates to the minister or officer’s authority to solemnize marriages. It is important to emphasize that a marriage performed by a minister whose authority to solemnize marriage has expired

14. or one who is not authorized to solemnize marriages renders the same void ab initio (People vs. Whipkey, 69 OG No. 42) and while Article 35(2) provides that marriages solemnized by a minister with no authority to do so may still

15. remain valid provided one or both parties believed in good faith that the solemnizing officer had the requisite authority, this does not prevent a party who finds out later about the absence of the essential requisite to petition for her marriage to be declared null and void.

16. Requirement for foreigners to marry in the Philippines Certificate of Legal Capacity to Marry which is issued by a diplomate or consular official of the foreigner’s country because it is presumed said official has knowledge of the foreign law and whether or not the party possesses the legal capacity to marry under Philippine Laws.

17. Failure to obtain the certificate of legal capacity may be a ground for the marriage to be considered defective and invalid.

18. Article 23. 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 duplicate copies of the certificate not later than fifteen days after the

19. marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipt shall be issued by the local civil registrar to the solemnizing officer transmitting the copies of the marriage certificate. The solemnizing officer shall retain in

20. his file the quadruplicate copy of the marriage certificate, the absence of the certificate of legal capacity may result in the marriage license being declared invalid but this irregularity does not affect the validity of the marriage because this situation only involves the absence of a formal requisite of marriage.

21. Thank you and have a nice day!