CIRCULAR NO. 9-98, January 27, 1998

CIRCULAR NO. 9-98, January 27, 1998

Circulars January 27, 1998
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OFFICE OF THE COURT OF ADMINISTRATOR

27 January 1998

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 previsions 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 (P-200.00) pesos – for marriages solemnized by Justices of the Court of Appeals;

(b) One hundred (P100.00) pesos – for marriages solemnized by Judges of the Regional Trial Courts; and

(c) Fifty (P50.00) pesos – for marriages solemnized by Judges of
the Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial Courts.

  1. The collection of other fees not mentioned by Administrative
    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.

All Executive Judges are hereby directed to post copies of this
Circuit in conspicuous places in their respective courts. They are also
enjoined
immediately report to the Court Administrator any violation of provisions hereof.

For strict compliance.

 

(SGD.) ALFREDO L. BENIPAYO

 
Court Administrator