LAWS AND FAMILY CODE

• Batas Bilang 3753:

  • Ipinag-uutos na ipatala ang mga pangyayari sa buhay ng isang tao
  • May kaukulang "parusa o multa"
• R.A. 9255:

  • Inaprobahan noong March 19, 2004
  • Nagbibigay pahintulot sa mga hindi lehitimong anak na gamitin ang apelyido ng ama kung ito'y kinilala nito sa pamamagitan ng pagpirma sa AFFIDAVIT TO USE THE SURNAME OF THE FATHER (AUSF)
• Pagbabago sa R.A. 9255:

  • Inaprobahan noong April 9, 2016
  • Mga hindi lehitimong anak na ipinanganak simula Agosto 3, 1988 hanggang March 18, 2004 ay maaaring kilalanin ng kanyang ama sa pamamagitan ng AAP o PHI subalit hindi maaaring gamitin ang apelyido ng kanyang ama sa ilalim ng batas RA 9255
• Joint Memorandum Circular 1 Series of 2018 PRE-MARRIAGE ORIENTATION AND COUNSELING:

  • Revised Pre-Marriage Orientation and Counseling (PMOC) Program Implementing Guidelines of 2018
  • Signatories from five (5) national government agencies such as DILG, PSA, DSWD, DOH, and POPCOM
• Out of Town Registration:

  • Ayon sa Rule 20 of Administrative Order No. 1, Series of 1993, maaaring magpatala ng kapanganakan ang isang tao ng hindi na niya kinakailangang pumunta sa Tagatalang Sibil kung saan siya isinilang
• PD 965 1987 Family Code:

  • Local Government Code RPRH Law requires all contracting parties or would-be-couples applying for a marriage license to attend and participate in a Pre-Marriage Orientation and Counseling session before they are issued such license
• Presidential Decree 965 (1976):

  • Applicants for marriage license shall, upon filing an application, be obliged to receive instructions and information on family planning and responsible parenthood from the Family Planning Office
• Family Code (1987) Art. 16:

  • In cases where parental consent or advice is needed, attach a certificate issued by a priest, imam, or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency
• Local Government Code (1991) Section 17:

  • Basic Services and Facilities include social welfare services and family planning services
• RPRH Law (2012) and its IRR SEC. 15:

  • No marriage license shall be issued unless the applicants present a Certificate of Compliance certifying that they had received adequate instructions on responsible parenthood, family planning, breastfeeding, and infant nutrition
• Pre-Marriage Orientation (PM Orientation):

  • Refers to the session that all contracting parties must attend before the issuance of a marriage license, providing instructions on responsible parenthood
• Pre-Marriage Orientation (PM Orientation) - session required before the issuance of a marriage license, providing instructions on responsible parenthood, family planning, breastfeeding, infant nutrition, marriage, and relationships
• Pre-Marriage Counseling (PM Counseling) - mandatory session for contracting parties aged 18-25, in addition to PM Orientation; those above 25 may also attend; focuses on responsible parenthood, family planning, breastfeeding, infant nutrition, marriage, and relationships
• E.O.209 - 1987: The Family Code of the Philippines, Article 16 requires a certificate from an authorized priest, imam, minister, or accredited marriage counselor for marriage counseling if parental consent/advice is needed
• Letter of the Civil Revision Committee, UP Law Center to NSO - 1988 clarified that DSWD accredits marriage counselors, distinguishing the certificate of marriage counseling from family planning certificate
• P.D. 965 - 1976: Decree requiring applicants for a marriage license to receive instructions on family planning and responsible parenthood
• OCRG-NSO-DSWD JC No. 1-89 - 1989 IRR of EO 209, Article 16: DSWD accredits marriage counselors; LCR can issue a Marriage License in the absence of an accredited PMC
• Marriage Counseling Service Manual - 1992 uses the Marriage Expectation Inventory for the accreditation of marriage counselors
• DILG-DOH-DSWD-POPCOM JMC No. 1 s2002 - 2002: Organization of an inter-agency PMC Team; DSWD accredits Pre-Marriage Counselors
• POPCOM JMC No. 1 S2002 - 2007: Revised Guidelines in the Accreditation of Marriage Counselors, covering all trained social workers and professionals providing marriage counseling services must be a bachelors degree holder
• A.O. 14 s2009 Omnibus Guidelines in the Accreditation of Marriage Counselors (MCs) - 2009: Covers all trained social workers and professionals providing marriage counseling services, focusing on Pre-Marriage Counselor and Full-Fledged Marriage Counselor must be a bachelors degree holder or at least finishes 2 years course
• Marriage counseling services require a bachelor's degree holder or someone who has finished at least a 2-year course/diploma
• Accreditation focuses on Pre-Marriage Counselor and Full-Fledged Marriage Counselor
• Guidelines in the Accreditation of Marriage Counselors (MCs) were set in 2002 by A.O. No.193
• Accreditation covers Social Workers and other professionals providing marriage counseling, except those authorized to solemnize marriage
• Republic Act 9048 amended provisions of the Civil Code regarding name and surname changes without judicial authority
• Republic Act 10172 authorizes the correction of clerical or typographical errors in the civil register without a judicial order
• RA 9858 provides for the legitimation of children born to parents below marrying age, amending the Family Code of the Philippines
• Article 177 of the Family Code allows for the legitimation of children conceived and born outside of wedlock under specific conditions
• R.A.10173 - DATA PRIVACY ACT OF 2012 protects individual personal information and communication systems in the government and private sector
• PSA Memorandum Circular 2019-15 amends guidelines on the issuance of Civil Registry Documents (CRDs)/ Certifications including authentication
• Article 1 of the Family Code defines marriage as a special contract of permanent union between a man and a woman for the establishment of conjugal and family life
• Void marriages for reasons of public policy include those between blood relatives up to the 4th civil degree, step-parents and step-children, parents-in-law and children-in-law, the adopter and the adopted, the surviving spouse of the adopter and the adopted, adopted children of the same adopter, and parties where one, with the intention to marry the other, killed that other person's spouse or his or her own spouse
• Legal impediments affecting the legal capacity to contract marriage include those listed in Art. 7 of the Family Code
• Legal impediments affecting the capacity to contract marriage:

  • Spouse or his or her own spouse (Art. 38, Family Code)
• Persons authorized to solemnize marriages under Art. 7 of the Family Code:

  1. Incumbent members of the judiciary within the court's jurisdiction

  2. Priests, rabbis, imams, or ministers of any church or religious sect duly authorized by their church or religious sect

  3. Ship captains or airplane chiefs (only in marriages in articulo mortis)

  4. Military commanders during a military operation (only in marriages in articulo mortis)

  5. Consul-generals, consuls, or vice-consuls (only for marriages abroad between Filipinos)

  6. Mayors (pursuant to the Local Government Code)
• Under Art. 9 of the Family Code, a marriage license shall be issued by the local civil registrar where either contracting party resides
• Marriages that are void from the beginning under Art. 35 of the Family Code:

  • Those contracted by any party below eighteen years of age
  • Those solemnized by any person not legally authorized to perform marriages
  • Those bigamous or polygamous marriages not falling under Article 41
  • Those subsequent marriages that are void under Article 53
• Types of marriages under the Family Code:

  • Marriage in articulo mortis (Article 27)
  • Marriage in a remote place (Article 28)
  • Marriage among members of ethnic cultural communities (Article 33)
  • Marriage between a man and a woman who lived together as husband and wife for a period of at least 5 years without legal impediment (Article 34)