The document outlines the procedures for a civil marriage ceremony performed by a judge in the Philippines. It discusses the judge's role in presiding over the ceremony, delivering an admonition that emphasizes the seriousness and responsibilities of marriage, ensuring the parties freely consent to the marriage, and asking if anyone present objects to the marriage. It also notes that marriage establishes a regime of absolute community property between the spouses under Philippine law.
The document outlines the procedures for a civil marriage ceremony performed by a judge in the Philippines. It discusses the judge's role in presiding over the ceremony, delivering an admonition that emphasizes the seriousness and responsibilities of marriage, ensuring the parties freely consent to the marriage, and asking if anyone present objects to the marriage. It also notes that marriage establishes a regime of absolute community property between the spouses under Philippine law.
The document outlines the procedures for a civil marriage ceremony performed by a judge in the Philippines. It discusses the judge's role in presiding over the ceremony, delivering an admonition that emphasizes the seriousness and responsibilities of marriage, ensuring the parties freely consent to the marriage, and asking if anyone present objects to the marriage. It also notes that marriage establishes a regime of absolute community property between the spouses under Philippine law.
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.