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;1

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,

Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal

Circuit Trial Courts have authority to solemnize marriages within the

courts jurisdiction.3

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 labeled, 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).

C. Miscellaneous Common Provisions

Sec. 17. Cases not covered by the Guidelines. In all other cases

not covered by the Guidelines, the solemnizing officer shall comply and act in accordance with the
requirements prescribed by the relevant provisions of the Family Code, the Code of Muslim Personal
Laws of the Philippines, and Sections 37-45, Republic Act No. 3631 or the Marriage Law Act of

1929.

Sec. 18. Fees for the Solemnization of Marriages. For the performance of marriage ceremony and
issuance of marriage certificate and subject further to the provisions of AM No. 04-2-04-SC (16 August
2004) the legal fees in the following amounts shall be collected:

(a) For marriages solemnized by Justices of the Supreme Court and other appellate courts Three
hundred (P300.00) pesos;

(b) For marriages solemnized by Judges of the Regional Trial Courts and Sharia District Courts Three
hundred (P300.00) pesos; and

(c) For marriages solemnized by Judges of the Metropolitan Trial

Courts, Municipal Trial Courts in Cities, Municipal Trial Courts; Municipal Circuit Trial Courts and Sharia
Circuit Courts Three hundred (P300.00) pesos.

All fees collected for the solemnization of marriage shall accrue to

the Judiciary Development Fund.

Sec. 19. Payment of legal fees in Philippine legal tender. All fees shall be paid in Philippine currency
and such fees collected shall be properly officially receipted.

Sec. 20. Unauthorized demand for and receipt of marriage

solemnization fees. The demand for or solicitation, collection or receipt of fees for the solemnization
of any marriage in excess of the amounts stated herein shall be considered a violation of these
Guidelines and shall subject the solemnizing authority to administrative disciplinary measures.4

Sec. 21. Facilitation of marriage ceremony. Any judge or employee of the court who, alone or with the
connivance of other court personnel or third persons not employed by the court, intervenes so that the
marriage of contracting parties is facilitated or performed despite lack of or without the necessary
supporting documents, or performs other acts that tends to cause the solemnization of the marriage
with undue haste shall be subjected to appropriate administrative disciplinary proceedings.

Sec.22. Reporting of marriages solemnized. All marriages solemnized shall be duly entered and
indicated in the monthly report of cases to be accomplished by the solemnizing officer.

Sec.23. Posting of the Guidelines. All Executive Judges/Presiding Judges shall post copies of these
Guidelines (a) in conspicuous places in their respective Halls of Justice or courthouses; and (b) on the
bulletin board of each court at the entrance to the courtroom.

Sec.24. Violations of the Guidelines. Violations of any of the provisions of the Guidelines shall be
ground for the appropriate administrative disciplinary proceedings.

Sec. 25. Repealing clause. The provisions of administrative orders, circulars and other issuances of
the Supreme Court inconsistent herewith are deemed amended or revoked.

Sec. 26. Effectivity. These Guidelines shall take effect immediately.

August 9, 2007.

REYNATO S. PUNO

Chief Justice