Tuesday, September 19, 2017



title pic Filing a Marriage Certificate in the Philippines

Posted by admin on July 9, 2012

Couples get too excited with the wedding preparations, the church and the reception. But there is far more serious stuff to think about like a marriage license. A marriage license is what makes all the wedding glitz formal and legit. Even if the couple organizes the best wedding of the century, without a marriage license, it wouldn’t be acknowledged by the country and the couple cannot proudly play the roles of a married couple.

Marriage License Application

Marriage License Application

To file for a marriage license, there are several documents that may be required for single couples:

One (1) Original Newly Issued Birth Certificate with two (2) copies

One (1) Original NSO-Issued CENOMAR (Singleness Certificate) with one (1) copy

One (1) Original Barangay Certificate with one (1) copy

One (1) Original CEDULA (Residence Certificate) with two (2) copies

There are other documents that may be required by the government for widow/widower, foreign national or a minor (anyone less than 18 years of age). It is also best to prepare other form of government-issued identification like passport, driver’s license, postal ID, etc.

Another thing to consider and allot time for is the mandatory marriage seminar which both couples should attend. Although some arrange a representative to attend like an attorney, but it can be too costly and would add up on the additional expenses for the wedding. A certificate of attendance shall be issued right after attending the seminar and thus should be presented when applying for a marriage license.

Applying a marriage license not only legalizes the marriage to be acknowledged by the government. It will also give the couple their necessary rights towards each other’s well-being and properties. With a license, the wife can legally carry her husband’s last name and thus have the right to exercise her rights for being the wife. The husband also gains a sense of rights on his wife because of the power of the license.

 

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title pic The Civil and Canonical Marriage – Roman Catholic Disposition

Posted by admin on June 24, 2012

The Roman Catholic teachings now encourage couples to contract both the civil as well as the canonical marriage because the well being of society and the church is founded on the well being of families and the well being of the families is founded on stable marriages.

Therefore, the couple’s mutual love must be regulated and assisted by the society through the civil marriage and by the church through the Sacrament of Matrimony.

This disposition of the Catholic Church is interwoven into the fabric of civil law and the law applied uniformly to Filipinos except for Muslim Filipinos.

Unlike before, civil marriage was frowned upon by church officials and that to undergo into it is a “mortal sin” as decreed by Vatican, Rome.    With the evolving minds and the constant realities of present changes from the standard norms, the acceptance of the church to the nature of civil marriage is indeed well appreciated.

Though the church and state affairs are independent as provided by the country’s constitution, it is still a fact that any person residing in the country are still guided by the supreme law of the land.   And the church or temples of any religious denominations are not above or exempted by the provisions of the constitution.

In all intents and purpose, the ecclesiastical power could no longer ignore the legitimacy and validity of civil partnerships as performed by the state, in which case the latter is no longer an obstacle to a legal celebration of the canonical marriage.   The amended section under the Civil Code of the Philippines, Chapter III entitled Marriage to the Family Code of the Philippines as promulgated on July 6, 1987, is now relevant and specific to allow ecclesiastics to recognize civil marriages.

So, in the Philippines, the Sacrament of Marriage incorporates also the Civil Marriage in accordance to the prescribed formalities.

The Code of Cannon Law; Canon 1055 states; that the marriage covenant, by which man and a woman establish between themselves a partnership of their whole life and which of its own very nature is ordered to the well-being of the spouses and to the procreation and upbringing of children, has, between the baptized, been raised by Christ the Lord to the dignity of a sacrament.

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title pic Laws of the Land

Posted by admin on

After a decision on marriage has been made between two contracting parties, the next phase to consider is confining, and confirming the laws pertaining to the legitimacy in the conduct of a wedding and the subsequent nature of marriage to be recognized officially.

According to the Civil Code of the Philippines, Article 3, ignorance of the law excuses no one from compliance therewith…

The 1987 Philippine Constitution, the supreme law of the land, states in Section 12 under the Declaration of Principles and State Policy states; The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution…

Marriage 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.  It 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 that marriage settlements may fix property relations during the marriage within the limits provided by this code. Article 1, the Family Code of the Philippines

Before a marriage is contracted between the two parties a marriage license is required.  This is a provision under Article 11 of the Family Code of the Philippines; where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following:

(1) Full name of the contracting party;

(2) Place of birth;

(3) Age and date of birth;

(4) Civil status

(5) If previously married, how, when, and where the previous marriage was dissolved or   annulled;

(6) Present residence and citizenship;

(7) Degree of relationship of the contracting parties;

(8) Full name, residence, and citizenship of the Father

(9) Full name, residence and citizenship of the Mother;

(10) Full name, residence, and citizenship of the guardian or person having in charge, in case the contracting party has neither the father nor mother and is under the age of twenty one (21) years.

The above cited provision is applicable to Filipino citizens of any religious denominations, Roman Catholics and Protestants.  This is stipulated in The Family Code of the Philippines. Article 93 which states, freedom of religion shall be observed by public officials in the issuance of authorization to solemnize marriages.   However, for our Muslim brothers, a different code is provided as a guide in the performance of a ceremonial wedding and marriage.

Marriages among Muslims or among members of any ethnic cultural communities may be performed validly without the necessity of a marriage license, provided they are solemnized with their customs, rites or practice. Article 33, the Family Code of the Philippines.

Presidential Decree No. 1083 the “Code of Muslim Personal Laws of the Philippines under Article 13 states, the provisions of this title shall apply to marriage and divorce wherein both parties are Muslims…

The Muslim Personal Law includes all laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance and property relations between spouses as provided for in the code.

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title pic Recognition on Mixed Marriage

Posted by admin on June 15, 2012

Mixed marriage is defined as the union of a man and a woman with different culture, religion, or nationalities.   It is the state of living together as husband and wife with norms of either the eastern or western hemisphere.

There is a need of a thorough examination if one is to enter the realm of marriage with someone not of your own.   The marriage of couples bearing different cultural background and nationalities can be intimidating if one’s character cannot cope up in balancing with conformity the cultures at hand.

Anyone who plans to settle down must think a hundred times regarding the subject of marriage.   One can never know if one’s marriage can be a life of bliss or a life of misery and sadness.

Filipinos are no longer seeing it strange to the idea of a mixed marriage.    Our Malay forefathers have contracted marriages with the Chinese, Spanish and American nationalities.   The conglomeration of the cited nationalities has brought about a Filipino genogram and culture unique on its own.

However, present time, evidences have exposed that our Filipino woman are at great risk when mixed marriages happen.    Some women are allured to mixed marriage due to financial consideration. Alongside, contrary to this notion are women indeed in love with a foreign partner that marriage proposals are heartily and freely accepted.

If a marriage is planned to occur in the Philippines, the requirements applied to our citizens as provided by the laws of the land is likewise the same in mixed marriages.    What is of utmost importance is that the wedding ceremony conducted in our country is recognized in the country the foreign partner was born.

There are instances that marriages done in the country are not recognized in the country of the foreign partner that permanent settlement is impeded.    So the purpose and the intent to live as a family create risk more so to a Filipino woman than to the man.  These factors can force plans to change dramatically.

The reality of mixed marriages cannot be avoided.   What can be avoided is to become a victim to mixed marriages happening to be a scam and fraudulent which puts much emotional strain to any Filipino.

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title pic The Philippine Wedding Requirements

Posted by admin on May 31, 2012

Let it be known to everyone, be it locals or foreigners, of whatever religious denomination, that the laws on marriage, are strictly applied, imposed and be complied with in the Philippines. Namely, these are the Family Code and the Civil Code of the Philippines.  However, the Muslim law on marriage called the Shariah Law is applied to Muslim couples, only.

As reference, the following listed requisites are exact words as provided by law governing the exercise of matrimony.

  • Legal capacity of the contracting parties must be a male and a female, 18 years old and above without any impediment to get married.
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