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Philippine Judicial Academy

D. Signing and Disposition of the Marriage Contract


The solemnizing officer shall see to it that all four copies of
marriage contract are signed by the parties of their witnesses,
after which, he/she shall also sign the same. He/She shall then
furnish the original copy of the marriage contract to the parties.

E. Recording/ Registration of the Marriage Contract


It is the responsibility of the solemnizing officer to cause the
registration of the marriage contract by transmitting, within 15
days from the date of solemnization of marriage, the duplicate
and triplicate copies of the marriage contract, together with the
registration fees, to the local civil registrar of the place where the
marriage was solemnized. He/She then retains the fourth copy,
together with the original of the marriage license and the other
supporting documents for the courts file.25 It is advisable also to
keep a record book where marriages solemnized by the Justice/
juge are entered in chronological order.

X. PROPOSED CIVIL RITE OF MARRIAGE


A. For an Ordinary Civil Marriage
The judge must be on the dais and must be preside as in any
formal court session. He/She should be in judicial robes to
impress upon all the official, solemn and formal character of the
act. The ceremony may also be solemnized in the chamber of the
Justice or judge.
Handbook on Marriage
The bride and the groom should stand in front of the judge.
Behind them should stand their parents and wedding sponsors
(ninongs and ninangs).
1. Admonition
Presiding Judge: (The judge then addresses the couple in
these or similar terms)
Before we proceed, may I request the parties to
examine and scrutinize the prepared marriage contract and
see if there is any error which must be corrected right away.
Once your marriage contract is registered, It will be very
difficult and expensive to have it corrected, as it will require
the filling of petition in court.
(After correction, or when no correction is needed, the
ceremony proceeds).
Presiding Judge.
Let us proceed.
The marriage of two persons is always a serious and
solemn event. Because the Constitution and the spirit of the
laws hold demands of the two of you the generosity and the
maturity by which you make room for each other in your
lives.
As defined in the Family Code, “Marriage is a special
contract of permanent union between man and a woman
entered into in accordance with the law for the establishment
of conjugal and family life. It is the foundation of the family
and an inviolable social institution whose nature ,
consequences and incidents are governed by law and not
subjected to stipulation, except that marriage settlement may
fix the property relations during the marriage within the limits
provided by this Code”.
By the way, do you have any marriage settlement? If
so, please submit it now, because the same must be
registered together with your marriage contract in order to be
effective.
If a marriage settlement is submitted, the presiding judge
says:
Presiding Judge:
According to the Family Code, since you have entered into a
marriage settlement, your property relations shall be
governed by this marriage settlement.
If no marriage settlement is produced, the Presiding judge
says:
Presiding Judge:
It appearing that the parties have no marriage settlement,
your property relations shall be governed by the regime of
absolute community of property, which means that
henceforward, either of you shall have no more separate
property, as all your present properties, subject to
exceptions, together with all the incomes which both of you
shall earn, shall belong to your conjugal partnership. These
shall answer for the support of the family, including the
education of the children which your marriage will produce,
as well as medical and other necessary expenses, such as
acquisition and maintenance of the family home.
Presiding Judge:
As we said before, the state has a stake in this marriage.
What you do today not only changes your status. It imposes
upon you serious obligations and grave responsibilities. My
presence as the representative of the State underscores the
fact that marriage is never private to the spouses. It has
legal and societal significance.
You may or may not be blessed with children. If you have,
raise them, but as nobility of the human spirit directs you. If
you will not have them do remember that bringing fulfillment
into each other’s lives by your conjugal union is as important
a goal of marriage as is the generation and rearing of new
citizens.
Philippine Judicial Academy

Marriage is an ongoing project. Henceforward, you


must “live together, observe mutual love, respect and
fidelity, and render mutual assistance and support”. As
you will note, the responsibility of keeping it afloat lies
on both of you, and neither of you can claim that it
depends on either the husband or wife alone. You must
work together in love and fidelity to make your marriage
work. Marriages are not made in heaven. They are
made on earth by men and women who strive earnestly
to be faithful to their marriage promises!
Finally, if you are believers, hearken to the dictates of
your religion, for the Republic of the Philippines has,
through its history and legal tradition, found religion to
be a salutary element of our lives as a people. It is not
superfluous to remind you that, although we are her for
a civil marriage, it is always good to invoke the
blessings of the Heavenly Father upon your marriage.
You must learn to practice to pray together, go to
church together, and make God a third party in your
marriage because only in so doing can you be sure that
your marriage will stand on solid ground.
Before we go further, is there anyone here present who
knows of any legal impediment, or any reason why this
man and woman ( or, in case of multiple marriage, any
of these men and women) should not be lawfully joined
in marriage? If so, please come forward and explain the
circumstances; otherwise, we shall proceed.
To all of you here present, you are here not only as
witness, much less as spectators. You are here to
assure the State that when the demands of conjugal life
weigh heavily upon them, you will be there with your
support, your encouragement and your friendship.
2. Expression of Free Consent
Presiding Judge:
(Name of bride), did you come here of your own free
will to be bound in marriage to (name of groom)?
Bride:
Yes, Your Honor.
Presiding Judge:
(Name of groom), did you come here of your own free
will to be bound in marriage to (name of bride)?
Groom:
Yes, Your Honor.

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