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ADMINISTRATIVE ORDER NO.

125-2007
GUIDELINES ON THE SOLEMNIZATION OF MARRIAGE BY THE MEMBERS OF
THE JUDICIARY

WHEREAS, marriage under the Constitution, is an inviolable social institution and


the foundation of the family and shall be protected by the State (Section 2, Article
XV, 1987 Constitution);

WHEREAS, the Family Code likewise provides that the nature, consequences and
incidents of marriage are governed by law and not subject to any stipulation (Article
1, Family Code);

WHEREAS, the Supreme Court has declared that the State has surrounded marriage
with safeguards to monitor its purity, continuity and permanence;

WHEREAS, for the above purposes, there is a need to lay down rules to enable
solemnizing authorities of the Judiciary to secure and safeguard the sanctity of
marriage as a social institution;
NOW, THEREFORE, the following Guidelines on the Solemnization of Marriage by the
Members of the Judiciary are hereby promulgated:

A. Justices of the Supreme Court and other appellate courts and Judges of the
Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial Courts
Section 1. Authority of solemnizing officer. a. Incumbent Justices of the Supreme
Court, Court of Appeals, Sandiganbayan and Court of Tax Appeals have authority to
solemnize marriages in any part of the Philippines, regardless of the venue,
provided the requisites of the law are complied with;2 and
b. Judges of the Regional Trial Courts, Metropolitan Trial Courts,
3. Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial
Courts have authority to solemnize marriages within the courts jurisdiction.
Sec. 2. Raffle of requests for solemnization of marriages in multiple-sala courts.
Requests for solemnization of marriages submitted to first and second level courts
in stations with two or more branches shall be governed by the rules and
procedures in the raffle of cases prescribed by existing resolutions and issuances.
Raffle of requests shall be effected upon payment of the appropriate legal fees.
Sec. 3. Venue of marriage ceremony solemnized by Judges. As a general rule, a
marriage shall be solemnized publicly in the chambers of the judge or in open court
except in the following instances:
a. A marriage contracted at the point of death or solemnized in a remote place
under Article 29 of the Family Code; or
b. A marriage where both parties submit a written request to the solemnizing officer
that the marriage be solemnized at a house or place designated by them in a sworn
statement to this effect.
Sec. 4. Duties of solemnizing officer before the performance of marriage ceremony.
Before performing the marriage ceremony, the solemnizing officer shall:

a. Ensure that the parties appear personally and are the same contracting parties to
the marriage;
b. Personally interview the contracting parties and examine the documents
submitted to ascertain if there is compliance with the essential and formal
requisites of marriage under the Family Code; and
c. Personally examine the marriage license presented, unless a marriage license is
not required under the relevant provisions of the Family Code, to determine the
authenticity, completeness and validity of the said license;
In the event that either or both of the contracting parties be citizens of a foreign
country, the solemnizing officer shall also examine the certificate of legal capacity
to contract marriage issued by the respective diplomatic or consular officials and
attached to the marriage license.
Sec. 5. Other duties of solemnizing officer before the solemnization of the marriage
in legal ratification of cohabitation. In the case of a marriage effecting legal
ratification of cohabitation, the solemnizing officer shall (a) personally interview the
contracting parties to determine their qualifications to marry; (b) personally
examine the affidavit of the contracting parties as to the fact of having lived
together as husband and wife for at least five [5] years and the absence of any
legal impediments to marry each other; and (c) execute a sworn statement
showing compliance with (a) and (b) and that the solemnizing officer found no legal
impediment to the marriage.
Sec. 6. Duty of solemnizing officer during the solemnization of the marriage. The
solemnizing officer shall require the contracting parties to personally declare before
him and in the presence of not less than two witnesses of legal age that the said
parties take each other as husband and wife.
Sec. 7. Duties of solemnizing officer after solemnization of the marriage. After
performing the marriage ceremony, the solemnizing officer shall:

a. Ensure that the marriage certificate is properly accomplished and has the
complete entries, i.e., (1) the declaration that the contracting parties take each
other as husband and wife; (2) the true and correct information and statements
required under Article 22 of the Family Code; (3) it is signed by the contracting
parties and their witnesses; and (4) it is attested by him;
b. See to it that the marriage is properly documented in accordance with Article 23
of the Family Code, as follows:
(1) By furnishing either of the contracting parties with the original of the marriage
certificate referred to in Article 6 of the Family Code;
(2) By transmitting the duplicate and triplicate copies of the marriage certificate not
later than fifteen (15) days after the marriage to the local civil registrar of the place
where the marriage was solemnized; and
(3) By retaining in the courts files (1) the quadruplicate copy of the marriage
certificate, (2) the original of the marriage license, and, in proper cases, (3) the
affidavit of the contracting parties regarding the solemnization of the marriage in a
place other than the Justices/judges chambers or in open court.
Sec.

8.

Other

duties

of

solemnizing

officer

after

the

solemnization

of

the marriage where marriage license is not required. In cases of marriage in


articulo mortis or a marriage in a remote or distant area referred to under Articles
27 and 28, respectively, of the Family Code, the solemnizing officer shall prepare an
affidavit stating the following:
(a) that the marriage was performed in articulo mortis or that the residence of
either party, specifying the barrio or barangay, is so located that there are no
means of transportation to enable such party to appear personally before the local
civil registrar;
(b) that the necessary steps were taken to ascertain the ages and relationship of
the contracting parties; and

(c) that there are no legal impediments to the marriage.


The solemnizing officer (a) shall execute the affidavit before the local civil registrar
or any other person legally authorized to administer oaths; and (b) shall file or send
the original of the affidavit, together with a legible copy of the marriage contract, to
the local civil registrar of the municipality where it was performed within the period
of thirty [30] days after the performance of the marriage.

Sec. 9. Recording of marriages solemnized and safekeeping of documents. a. The


solemnizing officer shall cause to be kept in the court a record book of all marriages
solemnized. Marriages conducted shall be entered sequentially and each entry shall
set forth the names of the contracting parties, their respective nationalities and
current actual places of residence, the date of marriage and the date of the
marriage license.
b. The solemnizing officer shall cause to be filed in the court the quadruplicate copy
of the marriage certificate, the original of the marriage license, the certificate of
legal capacity when one or both parties are foreigners or a copy thereof, and, when
applicable, the affidavit of the contracting parties regarding the request for change
in the venue for the marriage. All documents pertaining to a marriage shall be kept
in one file which file shall be properly labelled, catalogued and their integrity and
safety secured.
B. Judges of the Sharia District Courts and Sharia Circuit Courts
Sec. 10. Authority to Solemnize Marriages. a. Incumbent Judges of the Sharia
District Courts and Sharia Circuit Courts and any person designated by the judge,
should the proper wali (guardian for marriage) refuse without justifiable reason, to
authorize the solemnization, shall have authority to solemnize marriages within the
courts jurisdiction (Article 18, Code of Muslim Personal Laws).

Sec. 11. Venue of the Marriage Ceremony. The marriage shall be solemnized
publicly in any mosque, office of the Sharia judge, office of the District or Circuit
Registrar, residence of the bride or her wali, or at any other suitable place agreed
upon by the parties (Article 19, Code of Muslim Personal Laws).
Sec. 12. Marriages among Muslims without marriage license. Marriages among
Muslims may be performed validly without the necessity of a marriage license,
provided that they are solemnized in accordance with their customs, rites or
practices. (Article 33, Family Code).

Sec. 13. Duties of the solemnizing officer before the marriage ceremony. Before
performing the marriage ceremony, the solemnizing officer shall:
a. Ensure that the parties appearing personally before him are the same contracting
parties to the marriage to be solemnized; and
b. Personally interview the contracting parties to satisfy himself that the essential
requisites for the marriage prescribed by Article 15, Code of Muslim Personal Laws,
are present.
Sec. 14. Other duties of the solemnizing officer before the marriage ceremony. In
case where one of the contracting parties is a female who though less than fifteen
but not below twelve years of age has attained puberty, the solemnizing officer
shall check whether or not, upon petition of a proper wali, an order has been issued
by a judge of the Sharia District Court for the solemnization of the marriage
(Article 16, Code of Muslim Personal Laws).
Sec.

15.

Duty

of

the

solemnizing

officer

during

the

marriage

ceremony. The solemnizing officer shall ensure that the ijab (offer) and the qabul
(acceptance) in marriage are (a) declared publicly in his presence and of two
competent witnesses; (b) set forth in an instrument (in triplicate) signed or marked

by the contracting parties and the said witnesses; and that the declaration is
attested by him (Article 17, Code of Muslim Personal Laws).
Sec. 16. Duty of the solemnizing officer after the marriage ceremony. The
solemnizing officer shall (a) give one copy of the declaration to the contracting
parties; (b) sent another copy of the declaration to the Circuit Registrar; and (c)
keep the third copy (Article 17, Code of Muslim Personal Laws).