Case Digest

Facts:

On October 11 – 13, 2023, the City Government of Bayugan, Province of Agusan del Sur through
the City Social Welfare and Development has conducted Orientation on Pre – Marriage Counselling Part
II – Manual. October 18 – 20, 2023 the City Government of Bayugan through the Commission of
Population and Development has also conducted the Pre – Marriage Orientation Part I – Manual. The
activities sought to provide pre – marriage counsellor applicants with trainings required for their
application to become accredited marriage counsellors.

The City Mayor, sought for implementers to internalize and provide further justification of the
conduct of the activity in relation to the existing national and local legislations and the United Nations
Development Programme Strategic Plan 2022 – 2025.

Issue :
Whether or not the conduct of Training on Pre – Marriage Orientation and Counselling in
accordance with the existing international, national and local legislations / constitutional.

Held :

Yes. The conduct of Pre – Marriage Orientation and Counselling are in accordance with the
existing international, national and local legislations / constitutional.

Pursuant to Ordinance No. 64 series of 2016 otherwise known as “An Ordinance Enacting the
Bayugan City Code of Parental Responsibility for the Protection of Children” Article III sections 9 and 10
stipulating the duties and responsibility of parents and the rights of the child to which every would - be -
couple should know prior to engaging contracting marriage or for parents to abide.

Presidential Decree 965, the Family Code of the Philippines as amended, the Local Government
Code, and the Republic Act 10364 otherwise known as Responsible Parenthood and Reproductive
Health Act, all contracting parties or would – be – couple applying for a marriage license are required to
attend and participate in a Pre – Marriage Orientation and Counselling Session.

Article 16 of the Family Code states that only a duly accredited pre – marriage counsellor shall
issue the pre – marriage certificate otherwise, an administrative sanction shall be enforced to those who
violated the law under Article 315 of the Revised Penal Code.

Furtherance to it, one of the signature solutions of the United Nations Development Programme
Strategic Plan 2022 – 2025 is its commitment to eradicate poverty. As UNDP work with partners across
the UN system which includes our county, we draw each other’s complementary strengths and
capabilities to deliver stronger results. Accompanying countries in their pathways towards the
Sustainable Development Goals and working towards the Paris Agreement, UNDP invests in the
enhanced capabilities people need to move above poverty line and keep moving forwards.

In the case at bar, the efforts of the City Government to provide opportunities to marriage
counsellor applicants is in accordance with the abovementioned legislations. The City Government, in
harmony with its mandate, continued to work out to contribute to the United Nation’s Development
Program integrated development solutions through effective implementation of family welfare program
and the population program as an integral and vital part of the social reform and economic
development. One of these programs and services is Pre – Marriage Orientation and Counselling from
which knowledge on family planning and responsible parenthood is perceived to assure greater
opportunity for each Filipino to reach his full potential and attain his individual dignity which would
eventually empower every Filipino to move above the poverty line and keep moving forwards.

Hence, Pre – Marriage Orientation and Counselling are in accordance with the existing
international, national and local legislations / constitutional.