CIRCULAR
NO. 9-98
TO: ALL
JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS, METROPOLITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND
MUNICIPAL
CIRCUIT TRIAL COURTS
SUBJECT:
OBSERVANCE OF THE STATUTORY REQUIREMENTS FOR MARRIAGES AND THE
PRESCRIBED
AMOUNTS OF FEES FOR THE SOLEMNIZATION OF MARRIAGES.
The following
guidelines
shall be observed by all judges in the exercise of their authority to
solemnize
marriages as defined by Article 7 of the Family Code of the
Philippines,
as amended:
[1] Before
solemnizing
the marriage, the judge should (a) see to the presence and concurrence
of the essential requirements of marriage prescribed by Article 2 of
the
Family Code, as amended; and (b) ensure compliance with Sections (2)
and
(3) of Article 3 of the same Code on the formal requisites of
marriage.
[2] In
accordance
with the provisions of Articles 7 and 8, the marriage shall be
solemnized
"within the court's jurisdiction" and "publicly in the chambers of the
judge or in open court xxx and not elsewhere,
except
in cases of marriages contracted at the point of death or in remote
places
in accordance with Article 29 [of the Family Code, as amended], or
where
both of the parties request the solemnizing officer in writing, in
which
case, the marriage may be solemnized at a house or place designated by
them in a sworn statement to that effect."
3. For
the performance
of the marriage ceremony, including the issuance of the certificate of
marriage, only the following legal fees in the amounts prescribed
through
Administrative Circular No. 31-90 dated 15 October 1990 shall be
collected:
(a) Two
hundred
pesos [P200.00] - for marriages solemnized by Justices of the Court of
Appeals;
(b) One
hundred pesos
[P100.00] - for marriages solemnized by Judges of Regional Trial
Courts;
and
(c) Fifty
pesos [P50.00]
- for marriages solemnized by Judges of the Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal
Circuit Trial Courts.
(4) The
collection
of other fees not mentioned by Administrtive Circular No. 31-90, Series
of 1990, or the collection of the legal fees in any currency other than
the Philippine peso shall not be allowed and shall be dealt with
accordingly.cralaw:red
All Executive Judges
are hereby directed to post copies of this Circular in conspicuous
places
in their respective courts. They are also enjoined to immediately
report
to the Court Administrator any violation of the provision hereof.
For strict compliance.
[Sgd.]
ALFREDO
L. BENIPAYOCourt
Administrator
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