Garcia, Aurelia C.

Student No. 22
Student ID Number: 20-1307-984
CIVIL REGISTRY OF THE PHILIPPINES
(MARRIAGE, ANNULMENT, ADOPTION)
What is Civil Registry of the Philippines
- Civil registration is a continuous, permanent and compulsory recording of vital
events occurring in the life of an individual such as birth, marriage, and death, as
well as court decrees, and legal instruments affecting his civil status in
appropriate registers as mandated by Act No. 3753, the Civil Registry Law
What is Philippine Statistics Authority (PSA)
- The Philippine Statistics Authority (Filipino: Pangasiwaan ng Estadistika ng
Pilipinas), abbreviated as PSA, is the central statistical authority of the Philippine
government that collects, compiles, analyzes and publishes statistical information
on economic, social, demographic, political affairs and general affairs of the
people of the Philippines and enforces the civil registration functions in the
country.
I. MARRIAGE
What is Marriage?
The legally or formally recognized union of two people as partners in a personal
relationship (historically and in some jurisdictions specifically a union between a man
and a woman).
Act No. 3613
THE MARRIAGE LAW 
SEC. 1. Essential requisites. Essential requisites for marriage are the legal
capacity of the contracting parties and consent.
Sec. 19. Marriages performed abroad. – All marriages performed outside of the
Philippine Islands in accordance with the laws in force in the country where they
were performed and valid there as such, shall also be valid in these Islands.
Section 25 of the Marriage Law (Act No. 3613) provides that marriages
between Mohammedans may be performed in accordance with the rites or
practice of their religion, but there is no provision of law which authorizes the
granting of divorces in accordance with the rites or practices of their religion.
“marriages between Mohammedans may be performed in accordance with the
rites or practices of their religion”
SEC. 27. Failure to comply with formal requirements. No marriage shall be
declared invalid because of the absence of one or several of the formal
requirements of this Act if, when it was performed, the spouses or one of them
 believed in good faith that the person who solemnized the marriage was actually
empowered to do so, and that the marriage was perfectly legal.
SEC. 29. Illegal Marriages. – Any marriage subsequently contracted by any
person during the lifetime of the first spouse of such person with any person
other than such first spouse shall be illegal and void from its performance,
unless:
(a) The first marriage was annulled or dissolved;
(b) The first spouse had been absent for seven consecutive years at the time of
the second marriage without the spouse present having news of the absentee
being alive, or the absentee being generally considered as dead and believed
to be so by the spouse present at the time of contracting such subsequent
marriage, the marriage so contracted being valid in either case until declared
null and void by a competent court.

Marriage Certificate
A Marriage Certificate is a document that shows social union or a legal contract
between people that creates kinship. Such a union, often formalized via a wedding
ceremony, may also be called matrimony. A general definition of marriage is that it is a
social contract between two individuals that unites their lives legally, economically and
emotionally.

It is an institution in which interpersonal relationships, usually intimate and sexual, are

acknowledged in a variety of ways, depending on the culture or subculture in which it is
found. The state of being united to a person of the opposite sex as husband or wife in a
legal, consensual, and contractual relationship recognized and sanctioned by and
dissolvable only by law.

A marriage certificate is a document containing the important details of marriage, signed

by the couple and by all in attendance. Marriage occurs during the meeting for worship
after approval is obtained from the meetings of which the two people are members.
Approval is based on a statement of good character and clearness from any other
engagements. The clerk usually records a copy of the marriage certificate in the
meeting's records.

Marriage certificates can be requested by the interested party by providing the following
information to facilitate verification and issuance of certification.
Marriage Certificate:

1. Complete name of the husband

2. Complete name of the wife
3. Date of marriage
4. Place of marriage
5. Complete name and address of the requesting party
6. Number of copies needed
7. Purpose of the certification
II. ANNULMENT
What Is an Annulment?
An annulment is a legal procedure that cancels a marriage. An annulled marriage is
erased from a legal perspective, and it declares that the marriage never technically existed
and was never valid.

What Are the Grounds for an Annulment?

While each individual state has its own laws regarding grounds for marriage
annulment or divorce, certain requirements apply nationwide. An annulment case can be
initiated by either party in a marriage. The party initiating the annulment must prove that he
or she has the grounds to do so and if it can be proven, the marriage will be considered
null and void by the court. The following is a list of common grounds for annulment:

Related: How to Get Your Marriage Annulled

 Bigamy. Either party was already married to another person at the time of the
marriage
 Forced Consent. One of the spouses was forced or threatened into marriage and
only entered into it under duress
 Fraud. One of the spouses agreed to the marriage based on the lies or
misrepresentation of the other
 Marriage Prohibited By Law. Marriage between parties that based on their familial
relationship is considered incestuous
 Mental Illness. Either spouse was mentally ill or emotionally disturbed at the time
of the marriage
 Mental Incapacity. Either spouse was under the influence of alcohol or drugs at
the time of the marriage and was unable to make informed consent
  Inability to Consummate Marriage. Either spouse was physically incapable of
having sexual relations or impotent during the marriage
 Underage Marriage. Either spouse was too young to enter into marriage without
parental consent or court approval

Depending on your state of residence, a divorce can be much more complicated than an
annulment.

Like annulment cases, each state has its own set of laws regarding divorce. In most
divorce cases, marital assets are divided and debts are settled. If the marriage has
produced children, a divorce proceeding determines custody of the children, visitation
rights and spousal and child support issues.

What Is the Legal Definition of Divorce?

A divorce, or legal dissolution of a marriage, is the ending of a valid marriage, returning
both parties to single status with the ability to remarry.

What Is a No-Fault Divorce?

Each state can have either a no-fault divorce or a fault divorce. A no-fault divorce
allows the dissolution of a legal marriage with neither spouse being named the "guilty
party" or the cause for the marital break-up.

Many states now offer the no-fault divorce option, a dissolution of a legal marriage in which
neither party accepts blame for the marital break-up. In the absence of a guilty party, some
states require a waiting period of a legal separation before a no-fault divorce can take
place. For this reason, in addition to cases where one spouse wishes to assign blame,
some parties seek to expedite the legal process by pursuing a traditional "fault" divorce.

What Is a "Fault" Divorce?

A "fault" divorce is only granted when one spouse can prove adequate grounds. Like an
annulment, these grounds vary from state to state, however, there are some overarching
commonalities. These guidelines often include addiction to drugs, alcohol or gambling,
incurable mental illness, and conviction of a crime. The major grounds for divorce are:

 Adultery. One or both spouses engages in extramarital relationships with others

during the marriage
 Desertion. One spouse abandons the other, physically and emotionally, for a
lengthy period of time
 Physical/Emotional Abuse. One spouse subjects the other to physical or violent
attacks or emotional or psychological abuse such as abusive language, and threats
of physical violence

Your state law and particular situation will determine whether or not your annulment or
divorce will be simple or complex. Familiarizing yourself with the laws for your particular
state is the best way to learn what your rights are in the case of a marital dissolution, and
to help you determine if an annulment or a divorce is right for you.
Steps in Annulment of Marriage

1. Register court decree of annulment in the City/Municipal Civil Registrar’s

(C/MCR) Office where the court is functioning. Secure certified true copy of the
court decree from same office.

2. Secure certification of registration of the court decree from C/MCR Office stated
in no. 1.

3. Secure certification of finality from the court which rendered the decree.

4. Secure certified true copy of the marriage contract from C/MCR Office where
marriage is registered with remarks/annotations based on the Court Decree of
Annulment.

5. Verify the marriage contract from PSA file. If PSA has no file, your marriage
contract has to be endorsed (officially transmitted) to PSA by the C/MCR Office
where marriage was registered.

How Much Will Annulment Case Cost?

- Filing Fee: Php10,000 or less

- Acceptance Fee: Php100,000 and up
- Pleading Fee: Php5,000 - Php10,000 each (Php70,000 total)
- Doctor/Psychiatrist Fees: varies depending the Doctor or Psychiatrist.
III. ADOPTION
What is adoption?
Adoption may be considered a process "to take into one's family through legal means
and raised as one's own child". (The Groiler International Dictionary, vol. 1, 1981 :
Houghton Mifflin Company).
Adoption is also defined as "a judicial act which creates between two persons a
relationship similar to that which results from legitimate paternity and filiation" (A
Valverde 473, quoted in Prasnick vs. Rep. of the Phil. 665). (Civil Law Reviewer by
Desiderio P. Jurado, 1882 Twelfth Edition with Supplement published by National Book
Store, Inc.)
Rule 1 of OCRG Circular No. 90-2 dated 28 March 1990 likewise define Adoption as a
legal process pursuant to P.D. No. 603, as amended by Executive Order No. 209
(Family Code of the Philippines) in which a child's legal right and duties toward his
natural parents are terminated and similar rights and duties toward his adoptive parents
are substituted.
Adoption is always a juridical act (Lazatin v. Campos, 92 SCRA 250) and it cannot be
granted administratively. And because there can be no valid adoption without a court
decree granting the same, a mere agreement of adoption between the adopters and the
parents of the child is not a valid adoption (Ynigo v. Republic, 95 Phil. 244), nor the
mere fact that the child has lived with the alleged adopter who had treated him like his
own child sufficient to establish a valid adoption between the alleged adopter and the
child (Lazatin v. Campos, 92 SCRA 250).
What are the requirements for registration of adoption?
The following documents shall be submitted to the Local Civil Registrar for entry in the
Register Of Court Decrees:

1. Four (4) copies of judicial decree of adoption to be distributed as follows: first

copy to the registrant, second copy for the local civil registrar making the entry, third
copy to the local civil registrar of the place where the birth of the child was originally
registered and the fourth copy to the Office of the Civil Registrar-General.
2. Four (4) copies of the birth certificate of the birth certificate of the adopted to be
distributed in accordance with the immediately preceding paragraph (OCRG
Circular No. 90-2 dated 28 March 1990).

What are the requirements that shall be complied with by concerned parties in the
preparation and issuance of the Amended Certificate of Live Birth of the adopted
child?
The following requirements shall be complied with by the concerned parties:

1. Certification of registration of the adoption decree to be issued by the civil

registrar of the city or municipality where the adoption decree was recorded;
2. Authenticated copy of the adoption decree bearing registry number and date of
registration;
3. Copy of the registered Certificate of Live Birth of the Adopted child. If the birth of
the adopted child was not previously registered, the same should first be recorded
in the civil registrar with the child's natural parents under the rules governing
delayed registration of birth;
4. If the adopted child was a foundling, the document to be amended is his
Certificate of Live Birth based on the available information which may be obtained
from the adopting parents, or from reliable and competent sources;
5. The amended Certificate of Live Birth shall be attached to the original Certificate
of Live Birth of the child which is filed at the office of the Civil Registrar; and
6. When the interested party requests a copy of the amended Certificate of Live
Birth, the copy to be issued shall not bear the annotation or any remark that will
disclose the facts of the adoption. (Rule 55 A.O. No. 1 S. 1993).

Sources:
https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.rappler.com
%2Fnewsbreak%2Fiq%2Fin-numbers-marital-woes-annulment-
philippines&psig=AOvVaw0DxzshAA4wrBUISQrjC1Dl&ust=1601915183359000&sourc
e=images&cd=vfe&ved=0CAMQjB1qFwoTCOjrwtO6m-wCFQAAAAAdAAAAABAg

https://psa.gov.ph/content/registration-court-decreeorder
https://psa.gov.ph/content/application-requirements