What To Philippine Residents Need To Do To Register A Marriage Conducted Not In The Philippines

Republic of the Philippines
Office OF THE CIVIL REGISTRAR General
National Statistics Office
Manila

Administrative Social club NO. i, Series OF 2005

Pursuant to Section ii of Act No. 3753, otherwise known as the Ceremonious Registry Police of the Philippines, which took effect on 27 Feb 1931, in conjunction with Section 3, Executive Order No. 157 (E.O. 157), Establishing a Civil Registration System for Muslim Filipinos, and Chapters 1 and 2, Title VI, Volume II of Presidential Decree No. 1083 (P.D. 1083), also known as the Lawmaking of Muslim Personal Laws of the Philippines, which took effect on iv Feb 1977, the following rules and regulations are hereby promulgated for the information, guidance and compliance of all concerned.

PRELIMINARY Statement

Authoritative Order No. 2, Series of 1993 (AO No. 2, S. 1993) is hereby revised to provide a more responsive civil registration organisation for Muslim Filipinos whether residing here or abroad.

The head of the National Statistics Office is the Ceremonious Registrar General (CRG). The City/Municipal Civil Registrar (C/MCR) is in charge of recording birth, matrimony, decease and other registrable acts and events occurring among the Muslims in cities and municipalities and is appointed past the Mayor in accordance with the Local Government Code of 1991 and/or the ARMM Local Government Lawmaking. For Muslim marriage, divorce, revocation of divorce and conversion to Islam, recording thereof is the responsibility of the Clerk of Court of the Shari'a Circuit Court hereinafter referred to every bit Excursion Registrar (Article 83, P. D. 1083). All judicial decrees and legal instruments concerning civil status of Muslim Filipinos issued by the Shari'a Court shall be registered in accord with AO No. ane, South. 1993 and this Club.

Dominion 1. Civil Registration Arrangement for Muslim Filipinos

Executive Order No. 157 issued on Feb fifteen, 1994 by the President of the Commonwealth of the Philippines established the Civil Registration Arrangement for Muslim Filipinos.

Rule ii. Definition of Terms:

As used in these rules:

Muslim is a person who testifies to the oneness of GOD and the Prophethood of Muhammad (Peace Be Upon Him) and professes Islam.
Muslim Personal Police force includes all laws relating to personal condition, marriage and divorce, matrimonial and family relations, succession and inheritance and property relations between spouses as provided for in the Muslim Code (P.D. 1083).
Muslim Laws refer to all the ordinances and resolutions governing Muslims as found principally in theQur'an and theHadith.
Adameans customary law.
Circuit Registrar is the Clerk of theShari'a Circuit Court acting in the performance of their part under Title VI, Book Two of P.D. 1083 and this Club.
District Registrar is the Clerk of the Courtroom of theShari'a District Court acting in the performance of their role under Championship Vi, Volume Two of P.D. 1083 and this Social club.
Iddais the flow of waiting prescribed for a woman whose wedlock has been dissolved by expiry or by divorce the completion of which shall enable her to contract a new marriage.
Talaq is the repudiation of the wife by the husband.
Tafwidis the exercise by the married woman of the delegated right to repudiate.
Waliis the guardian in marriage.
Muslim Lawmakingrefers to Presidential Decree No. 1083 (P.D. 1083).

Rule 3. Registrable Acts and Events Apropos Civil Status of Muslim Filipinos

The post-obit acts and events concerning civil status of Muslim Filipinos shall be recorded in the advisable civil registry book:

Acts and events enumerated under Dominion 7 of AO No. 1, S. 1993 insofar as they are applicative to Muslim Filipinos; and
Muslim marriages, divorces, revocation of divorces, conversion to Islam, and other registrable documents.

Rule iv. Registry Volume

The Circuit Registrar shall keep and preserve in his office the following registry books:

Annals of Muslim Marriages;
Register of Muslim Divorces;
Register of Revocation of Muslim Divorces;
Register of Conversion to Islam;
Annals of Legal Instruments; and
Register of Court Decrees/Orders

Dominion v. Civil Registration Forms

Documents presented before the C/MCR for registration of vital events of Muslim Filipinos are the following:
- Accomplished Certificate of Alive Birth and attachment
- Achieved Document of Decease and attachment
- Achieved Certificate of Marriage with attachment if the marriage was performed in accord with P.D. 1083 and there is no Shari'a Court in the identify where the marriage was solemnized.
Documents presented before the Commune/Excursion Registrar are the post-obit:
- Accomplished Certificate of Wedlock and attachment
- Accomplished Certificate of Divorce
- Accomplished Document of Revocation of Divorce
- Achieved Certificate of Conversion to Islam

Rule six. Applicability

This Gild shall apply in all cities and municipalities in the Philippines where acts and events concerning civil status of Muslim may occur. Nevertheless, in cases where the deed or event occur in a foreign country, the aforementioned shall be governed past Rule 10 of AO No. 1, S. 1993, and other applicable laws taking into consideration the behavior, customs and practices of Muslims thereat. In addition, the duty of the C/MCR or the Circuit Registrar insofar every bit civil registration is concerned may exist performed by the authorized official of the Philippine Foreign Service Establishment.

Rule 7. Registration of Births

Registration of births of Muslim Filipinos shall be governed past pertinent provisions of AO No. ane, S. 1993 and supplemented by the following specific rules:

Regardless of the period of intra-uterine life of the fetus when born alive, however briefly, the birth of the kid shall be recorded in the Annals of Births as a live birth.
The starting time name of the father or the surname of either the father or the female parent may be used as the kid's last name subject to Islamic or Muslim Law or Ada (customary laws).
Upon receipt of the Certificate of Live Nascence or COLB (Municipal Grade 102, revised Jan 1993), the C/MCR shall examine Particular No. 15 (Faith of the Begetter). In case the entry therein is "Islam", the C/MCR shall achieve Municipal Form 102 and crave the informant to give the post-obit data in the Attachment: Proper noun of child, date of birth in theHijrah calendar and its equivalent in Gregorian calendar and the indigenous affiliation of parents.
Municipal Grade No. 102 and the attachment shall exist permanently kept together and shall institute the record of nativity.

Rule 8. Registration of Deaths

Registration of deaths of Muslim Filipinos shall exist governed by the pertinent provisions of AO No. i, Southward. 1993 and supplemented by the following specific rules:

In accordance with the Islamic law and jurisprudence, the dead torso shall be cached as soon as possible even without the certificate of expiry; provided that the death shall be reported by the person who performed the burying rites (or past the nearest kin) inside twoscore-eight (48) hours later on the date of burying to the local wellness authority who shall certify the cause of decease. In the absence of the health officer or his authorized representative, the death shall be reported to the Mayor or any member of the Sangguniang Panlungsod/Bayan, or the Municipal Secretarial assistant every bit the case may be, who shall certify as to the possible cause of death.
Upon receipt of the Certificate of Death (Municipal Class 103, revised January 1993), the C/MCR shall examine Item No. 3 (Religion). In case the entry therein is "Islam", the C/MCR shall require the informant to accomplish or to requite the following information in order to accomplish Municipal Course 103 Attachment: name of the deceased including Haj proper noun if any, date of birth, proper name of the person who performed the burial rites and the proper noun of the surviving spouse(s).
Municipal Form No. 103 and the attachment shall exist permanently kept together and shall constitute the tape of death.

Rule 9. Registration of Marriages

Registration of marriages among Muslim Filipinos shall be governed past the following rules:

Marriage (Nikha) among Muslim Filipinos is not only a civil contract merely a social establishment. Its nature, consequences and incidents are governed by P.D. 1083 and theShari'a, and are not discipline to stipulations, except that the marriage settlements may, to a sure extent, fix the property relations of the spouses (Article 14, P.D. No. 1083).
Marriage among Muslim Filipinos performed under their customs, traditions, rites and practices shall be reported inside thirty (30) days later the date of marriage past the officiating person, or in his default, past the parties to the marriage for registration, to the Excursion Registrar of the city or municipality where theShari'a Circuit Court exists. Where in that location is noShari'a Circuit Court, marriages amongst Muslim Filipinos shall be registered at the Local Civil Registry Office (LCRO) where the marriage was historic with the notation that the marriage is in accordance with P.D. 1083 both in the Certificate of Wedlock and the Marriage Annals.
The person officiating the marriage shall betoken in the Certificate of Marriage (Municipal Course 97, revised January 1993) that said marriage was solemnized in accordance with P.D. No. 1083, and fill up the attachment to the Certificate of Marriage with the following information: amount ofmahr(dowry); first or subsequent spousal relationship;tafwid, if granted and such other stipulations. The Document of Marriage and the attachment shall be permanently kept together and shall establish the record of spousal relationship.
The Certificate of Matrimony shall exist prepared in five (5) copies and shall be distributed by the Excursion Registrar, or by the C/MCR, as the example may be, every bit follows: first re-create to the contracting parties; 2d re-create to the Civil Registrar General (CRG); third re-create to the Excursion Registrar/C/MCR; the 4th re-create to the District Registrar if marriage was registered at theShari'a Court; and the fifth copy to the solemnizing officeholder.
Other matters related to registration of marriages amid Muslim Filipinos non covered by this Rule shall be governed by the pertinent provisions of Administrative Gild No. 1, Series of 1993.

Rule 10. Registration of Divorces

Registration of divorces among Muslim Filipinos shall be governed past the following rules:

Divorce is the formal dissolution of the spousal relationship bond in accordance with P.D. 1083 to be granted only after the exhaustion of all possible means of reconciliation between the spouses. It may be effected by the following:
Repudiation of the wife by the hubby ( talaq );
- Vow of continence past the married man (ila);
- Injurious absorption of the wife by the husband (zihar);
- Acts of imprecation (li'an);
- Redemption by the married woman (khul);
- Exercise past the wife of the delegated right to repudiate (tafwid); or
- Judicial prescript (faskh) (P.D. 1083).
A divorce pronounced by the husband or by the wife in case oftafwid and such other forms of divorce shall not become irrevocable until the expiration of the prescribed "idda". The first and 2d divorce (talaq) are revocable during the "idda" and the third is irrevocable. If the spouses fail to reconcile during the "idda" they tin only reconcile through a new contract of marriage. In example of the tertiary divorce, they cannot anymore reconcile to each other unless the wife is married by an intervening husband and the latter divorces her and after the expiration of the "idda," the onetime married man may remarry her.
Whatsoever Muslim husband who has pronounced atalaq shall, without delay, file with the Clerk of Court of theShari'a Excursion Court of the place where his family resides or domiciles, or in the most attainableShari'a Court, a written notice of such fact and the circumstances attendant thereto, after having served a copy thereof to the wife concerned. The discover filed shall be conclusive bear witness thattalaq has been pronounced and shall constitute the Document of Divorce. In example the divorce is through a court prescript, the corresponding conclusion shall constitute the Document of Divorce.
All Certificates of Divorce or Court Decrees shall be registered in theShari'a Excursion Courtroom. TheShari'a Circuit Court or LCRO where the marriage was registered shall be furnished a copy of the Certificate of Divorce or Court Decree for note in the Certificate of Marriage and the Marriage Annals. 5 (5) copies of the Certificate of Divorce or Court Decree shall be submitted for registration inside xxx (30) days after the date of divorce by the interested party.
The Circuit Registrar shall distribute the 5 (5) copies of the Certificate of Divorce or courtroom decree of divorce as follows: commencement copy to the husband; second copy to the wife; third copy to the OCRG; the quaternary copy to the District Registrar; and the fifth copy for his file.

Rule xi. Registration of Revocation of Divorces

Registration of revocation of divorces amidst Muslim Filipinos shall be governed by the following rules:

Within seven (7) days afterwards the revocation of a divorce by reconciliation (ruju), the hubby shall, with the wife's written consent, file a sworn statement thereof in five (5) copies with the Circuit Registrar of the city or municipality where the Document of Divorce or court prescript of divorce was previously registered. The fact of revocation of divorce shall be annotated in the Certificate of Divorce or court decree of divorce and the Wedlock Annals. Such revocation shall as well be forwarded to the Excursion Registrar or C/MCR of the place where the marriage was registered for proper annotation in the Certificate of Matrimony and Matrimony Register.
The five (five) copies of the sworn statement of the revocation of divorce, after registration, shall be distributed by the Circuit Registrar equally follows: first re-create to the husband; 2d copy to the married woman; 3rd copy to the OCRG; 4th copy to the Clerk of the Shari'a District Court; and the fifth copy for his file.

Rule 12. Registration of Conversion to Islam

Registration of a person's conversion to Islam isprima facie proof that he professes the Islamic religion and thus becomes a Muslim. It shall be governed by the following rules:

A person who desires to encompass Islamic religion shall accomplish the Certificate of Conversion to Islam by providing the following information: his or her full proper name, sex, civil condition, date of birth and age, place of birth, occupation, residence, citizenship, parents and their respective religions. The document shall be attested to past at to the lowest degree two witnesses who must be Muslim Filipinos. In case the catechumen is a modest, the consent of the parents, or the guardian is necessary.
In addition, the Convert shall submit a certification that he/she has undergone an orientation on basic principles and practices of Islam from any accredited Muslim arrangement past the Office on Muslim Affairs or from any recognized and competentUstadz orUlama. The Excursion Registrar shall require submission of such certification.
4 (4) copies of the Certificate of Conversion to Islam shall be submitted for registration within 30 (30) days after the appointment of its execution by the convert or his authorized representative to theShari'aCircuit Court where conversion occurred. In the city or municipality where there is no Shari'a Excursion Court, conversion to Islam shall be reported by the same person to the LCRO of the identify of conversion who shall forward the same to the Shari'a Circuit Court where the convert is domiciled under the procedures of out-of-town reporting.

In instance the convert is not domiciled within the territorial jurisdiction of the five (five)Shari'a judicial districts, the registration shall be at the nearestShari'a Circuit Court. In such instance, the convert, in add-on to the requirements under Rule 12 (one) and (2), certify nether adjuration that he has not registered such conversion before whatever Excursion Registrar. The same shall be annexed to the Certificate of Conversion and simultaneously filed therewith.
The four (4) copies of the Certificate of Conversion shall be distributed, after registration, by the Circuit Registrar as follows: offset copy to the catechumen; 2nd copy to the CRG; third copy to the District Registrar, and the fourth copy for his file.

Rule xiii. Revocation of Conversion to Islam

After registration past the Commune Registrar, the court society of revocation of conversion to Islam shall be forwarded to the Circuit Registrar where the conversion was registered for annotation.

The revocation shall be annotated to the Certificate of Conversion to Islam as follows:

"Conversion to Islam is hereby revoked pursuant to court gild issued by (state the name of the commune judge) of (country the name of the Shari'a Commune Court and location) in special proceedings number (land the example number) on (state the date of the social club)".

The Circuit Registrar shall endorse to the OCRG a certified true copy of the courtroom gild of the revocation of conversion to Islam which shall exist annexed to the annotated Certificate of Conversion.

Dominion fourteen. Miscellaneous and Transitory provisions

A Muslim foster child or those who have been nether guardianship may use the surname of the foster parent or guardian in accordance with Ada. The foster parent or guardian shall execute an affirmation (Shahada) declaring that the child is under their care.

TheShahada shall be submitted to the C/MCR of the place of birth of the foster child, as a supporting document for the annotation of the COLB. The apply of the foster parent's surname shall also be annotated in the remarks portions of the COLB, that the surname being used is pursuant to theShahada executed by the foster parent or guardian. The C/MCR upon verification of the authenticity of all the documents submitted shall endorse the request and its supporting documents including the filing fee in postal money guild or in any other way of payment addressed to the OCRG.
Any Muslim Filipino who has performedHaj (Muslim pilgrimage to Mecca, Kingdom of Saudi arabia) and has acquired new name by virtue thereof, may request for the corresponding note of his or her COLB. A Muslim Filipino who has acquired traditional title pursuant to Ada may also request for notation thereof in the COLB.

The asking for note in the COLB for the use of theHaj name shall be submitted to the C/MCR of his/her place of birth with the post-obit supporting documents: Certification from OMA that he/she has performedHaj; certification from pilgrimage authorities that the new name caused was conferred during the Haj; and certified truthful copy of his/her passport. The asking for annotation in the COLB for the recognition of traditional titles acquired pursuant to Ada shall exist attested by at to the lowest degree ii witnesses of the conferment. Forth with the request, a Certification from OMA that the title was conferred in accordance with Ada shall be submitted to the C/MCR of the place of birth of the person bestowed with the traditional championship.

The C/MCR upon examining and verifying the authenticity of all the documents submitted shall then endorse the asking and its supporting documents, including the filing fee in postal money order or in whatsoever other way of payment addressed to the OCRG.
A married Muslim Filipino woman may use the surname of her hubby or may retain her maiden name in all her public records and other documents.
Muslim marriages contracted anywhere in the Philippines before the effectivity of P.D. 1083 shall exist registered with LCRO of the identify where such marriage took place.
Subsequent marriages entered into by a Muslim Filipino man though there was previous existing marriage can be registered. The registration of subsequent marriages shall follow the registration procedure of prior marriages. In addition, such marriage and its corresponding registration shall be discipline to the provisions of P.D. 1083.
Insofar as applicable, the duties of the District and Circuit Registrar provided under P.D. 1083 shall form office of this Administrative Social club.

Rule 15. Penalisation- Any person constitute violating this Order shall exist liable nether the existing civil registry laws, P.D. 1083, civil service laws and other pertinent laws.

Rule 16. Repealing Clause- AO No. two, S. 1993 and all other rules and regulations, orders, memoranda or circulars issued by the Civil Registrar Full general which are inconsistent with these rules and regulations are hereby repealed or modified appropriately.

Rule 17. Separability Clause- If whatever provision of this Club is declared invalid or unconstitutional, the remaining provisions non affected thereby shall keep in full strength and effect.

Rule 18. Effectivity Clause - This Order shall accept effect fifteen (fifteen) days after its publication in a paper of general circulation in the Philippines.

Approved this20^th 24-hour interval of June 2005.

(Sgd.)CARMELITA North. ERICTA
Ceremonious Registrar Full general