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ADMINISTRATIVE ORDER NO.

1
SERIES OF 2007
IRR Governing the Registration of the
Authority to Solemnize Marriage with the Civil Registrar General
of Bishops, Heads/Founders of Religious Ministers,
Tribal Heads/Leaders/ Chieftains, Community Elders,
and Other Designated Authorities.
Rule 1: General Provisions
• The NSO through the Civil Registrar General (CRG) is the
authority having technical control and supervision on the
civil registration in the Philippines.
• The Administrator of the NSO, concurrently the CRG, is
vested with authority to issue rules & regulations in carrying
out the provisions of Act 3753.
• Prior to the enactment of Civil Registry Law on February 27,
1931, the system of civil registration was purely a local
government affair.
Rule 1: General Provisions
• When C.A. 591 was enacted on August 19, 1940, the civil
registration function of the National Library was transferred
to the Bureau of the Census and Statistics (now NSO).

• On August 3, 1988, with the enactment of the EO No. 209


otherwise known as the Family Code of the Philippines, the
function of registering the authority of priests or ministers of
any church and religious sect to solemnize marriage is vested
upon the Office of the Civil Registrar General [Art. 7 (2)].
Rule 2: Concepts and Definitions
• Civil Registrar General (CRG)
The head of the PSA which is the national agency
mandated to carry out and administer the
provisions of Act No. 3753 and other laws on civil
registration.
Rule 2: Concepts and Definitions
• Solemnizing Officer (SO)

An Officer vested within the authority to solemnize or


officiate the marriage of a man and a woman in
accordance with law or with the rites, practices, and
ceremonies as prescribed or granted by their
religion/religious sect or tribe or ethnic aggrupation.
These include:
a. Any incumbent member of the judiciary within the
courts jurisdiction, as provided in the Family Code of the
Philippines.

b. Any priest, rabbi, imam, or minister of any church of


religious sect duly authorized by his church or religious
sect and registered with the CRG, acting within the limits
of the written authority granted him by his church or
religious sect and provided that at least one of the
contracting parties belongs to the solemnizing officer.
c. Any ship captain or airplane chief only
in cases of marriage in articulo mortis;
d. Any military commander of a unit to
which a chaplain is assigned, in the absence
of the latter, during a military operation,
likewise in cases of marriage in articulo
mortis;
e. Any consul-general, f. City or Municipal
consul or vice-consul, in Mayors within their area
cases of marriage between of jurisdiction under RA
Filipino citizens abroad; 7160 otherwise known as
the Local Government of
City Mayor
the Philippines.
As provided in Article 18, Section 1,
Chapter II Book Two of PD 1083
g. Proper wali (guardian in marriage) of a woman
to be wedded;

h. Any person who is competent under Muslim Law


upon authority of the proper wali; or

i. Judge of the Shari’a District Court or any person designated by the


judge, should the proper wali refuse without justifiable reason, to
authorize the solemnization.
As provided by the OCRG AO No. 3 s. of 2004, otherwise
known as “Rules and Regulations Governing Registration of
Acts and Events Concerning the Civil Status of Indigenous
Peoples”, marriages between members of ethnic cultural
communities or indigenous peoples may be solemnized by:
j. Community elders;

k. Tribal leaders or authorities and traditional socio


political structures certified by National Commission on
Indigenous Peoples (NCIP) or
As provided by the OCRG AO No. 3 s. of 2004, otherwise
known as “Rules and Regulations Governing Registration of
Acts and Events Concerning the Civil Status of Indigenous
Peoples”, marriages between members of ethnic cultural
communities or indigenous peoples may be solemnized by:
l. Authorities duly acclaimed and respected in the tribal
communities who perform and solemnize marriage in
accordance with the customs and practices of the
community.
Rule 2: Concepts and Definitions
• City/Municipal Civil Registrar (C/MCR)

The head of the department/office in the


Local Government Unit mandated by the
law to carry out civil registration functions.

• PSA Regional Director (RD)

Head of the PSA Regional Office (RO)


who assists the CRG in the implementation
of civil registration in the region of
jurisdiction.
Rule 2: Concepts and Definitions
• PSA Provincial Statistics Officer (PSO)

Head of the PSA Provincial Office (PO)


who assists the CRG in the implementation
of civil registration in the province of
jurisdiction.
Rule 2: Concepts and Definitions
• OMA of the Muslim Affairs (OMA)

An office created under the Office of the


President with a mandate to preserve and
develop the culture, traditions, institutions and
well-being of Muslim Filipinos, in conformity
with the country’s laws and in consonance with
national unity and development. (EO no. 122-A)
Office of Muslim Affairs
Rule 2: Concepts and Definitions
• National Commission on
Indigenous Peoples (NCIP)
An office created under the Office of
the President, which is primarily
responsible for the formulation and
implementation of policies, plans and
National
NationalCommission
Commission on
on Indigenous
programs to recognize, protect and Peoples
Peoples (NCIP)
(NCIP)
Indigenous

promote the rights of Ethnic/Indigenous


Cultural Communities/Indigenous Peoples.
Rule 2: Concepts and Definitions
• Marriage

A special contract of permanent


union between a man and a woman
entered into in accordance with law
for the establishment of conjugal
and family life (Article 1, EO 209
otherwise known as the Family
Code of the Philippines).
Rule 2: Concepts and Definitions
• Essential Requisites of Marriage
refers to the substance of the marriage
that affect its intrinsic validity.
The essential requisites of marriage are:
1. Legal capacityaof male and a female
the contracting parties
who must be a male and a female; and

2. Their consent freely given in the presence


of the SO. (Article 2, EO 209 otherwise
known as the Code of the Philippines)
Rule 2: Concepts and Definitions
• Formal Requisites of Marriage
refers to the form of the marriage that affect its extrinsic
validity.
The formal requisites of marriage are:
1. The authority of the Solemnizing Officer;
2. A valid marriage license except in cases of marriage exempt from
marriage license requirement;
Rule 2: Concepts and Definitions
The formal requisites of marriage are:
3. A marriage ceremony which takes place with the appearance of
the contracting parties before the Solemnizing Officer and their
personal declaration that they take each other as husband and wife
in the presence of not less that two witnesses of legal age
(Art. 3, EO 209 otherwise known as the Family Code of the
Philippines).
Rule 2: Concepts and Definitions
• Marriage License

Is an official document issued by the


C/MCR that gives authority to be married to
each another in accordance with law.
(Manual on Civil Registration, 1983)
• Certificate of Marriage

The prescribed form used for the


declaration of facts and circumstances
regarding the marriage of two persons for
purposes of registration. (Manual on Civil
Registration, 1983)
Rule 2: Concepts and Definitions
• Certificate of Registration of Authority to
Solemnize Marriage (CRASM)

• A certificate issued to a SO certifying the


registration of his authority to solemnize
marriage after complying with the
requirements. This certificate indicates
that the SO is authorized to solemnize
marriages under his territorial jurisdiction
within the period specified.
Rule 2: Concepts and Definitions
• Certificate of Registration of Authority to
Solemnize Marriage (CRASM)

• The CRASM shall be valid for a period of 3


years and shall expire on the 31st day of
December of every 3rd year and shall be
renewable within the last quarter of the
expiration year. The effectivity date of
the authority to solemnize marriage shall
be indicated in the CRASM.
Rule 2: Concepts and Definitions
• Register of Solemnizing Officer

The registry book which contains the


information pertaining to the registration of SOs
• Territorial Jurisdiction

A well-defined but delimited area or place where


a SO can validly officiate a marriage. The area or
place may be the whole Philippines, or only part
thereof, such as a region, province, congressional
district, or a diocese.
Rule 2: Concepts and Definitions
• Place of Solemnization of Marriage

Place where marriage is solemnized


publicly such as in a church, chapel, temple,
mosque, judge’s sala or chamber, mayor’s
office, office of the Consul-General, consul or
vice-consul, and not elsewhere unless with
prior written request from the contracting
parties and with prior written approval from
SO, which fact must be declared in a public
instrument. (Art. 8, EO 209 otherwise known
as the Family Code)
Rule 2: Concepts and Definitions
• For Muslim marriages, it may be solemnized in
any mosque, at the Office of the Shari’a judge, at
the Office of the District or Circuit Registrar,
residence of the bride or her wali, or any other
suitable place agreed upon by the parties. (Art.
19, Section 1, Chaper Two Book Two of PD 1083)
• For Tribal Marriages, it is any suitable place
agreed upon by the parties provided it is in
accordance with their customs, traditions and
practices.
Rule 2: Concepts and Definitions
• Church/Chapel/Temple/Mosque

Any building, either of strong or light materials


or combination of strong or light materials, which
is permanent in character, and is opened during
convenient hours of the day, and used actually and
exclusively for holding religious gatherings, rites
and services, including solemnization of marriage,
and such building must be under the possession
and control of the religion or religious sect of
which the applicant is a member.
Rule 2: Concepts and Definitions
• Religious Sect

A group of persons or organization professing


a common faith and set of beliefs, and governed
or guided by a common religious doctrine or
creed.

• Religion

A personal set or institutionalized system of


religions, attitudes, beliefs and practices.
Rule 2: Concepts and Definitions
• Religious Services

Gatherings periodically done in a fixed place for


the exercise of religious worship and manifestation
of the member’s faith.
• Religion/Religious Sect Deemed Operating in the
Philippines
A religion or religious sect is deemed operating in
the Philippines when a great number of Filipinos
profess it, and this fact appears clearly in the latest
census records of the Philippines.
Rule 2: Concepts and Definitions
• Religion/Religious Sect Deemed Operating in
the Philippines
In the absence of census records, or in case
of doubt, the founder or head of the religion
or religious sect shall declare in a public
instrument the following facts:

a.Brief history of the religion or religious sect;


Rule 2: Concepts and Definitions
b.That said religion or religious sect is duly
incorporated for the administration of its
temporalities;
c.That the religion or religious sect has at least one
church, temple or chapel which is used actually and
exclusively for religious rites and worship in the
Philippines wherein these churches, temples or
chapels are respectively situated, and the name of
the priests, rabbis, imams or religious ministers
assigned to each; and
Rule 2: Concepts and Definitions
d.That the religion or religious sect has a
congregation of not less than two hundred
bonafide active members who must all be
residents of the Philippines and who attend
the religious gatherings and services which
said religion or religious sect holds
periodically in its own church, temple or
chapel.
Rule 2: Concepts and Definitions
Religion/Religious Sect in Good Repute
 When it holds religious services or gatherings
periodically in a fixed place devoted actually
and exclusively for religious rites and worship,
complies with the requirements of the
marriage law and of these regulations, and
that there is nothing in its teachings, principles
and practices that is contrary to law, moral,
good custom and public policy.
Rule 2: Concepts and Definitions
Religion/Religious Sect in Good Repute
 Appears in the latest census records of the Philippines, as
being professed by a great number of Filipinos, shall be
presumed to be in good repute.
Rule 2: Concepts and Definitions
Religion/Religious Sect in Good Repute
 When the religion or religious sect does not
appear in the latest census records of the
Philippines, or in case of doubt, the question of its
being in good repute may be proven by means of
a certification of the Mayor having jurisdiction
over the place where its church, temple or chapel
is situated, affirming the facts and circumstances
referred to in the first paragraph.
Rule 3: Duties of the CRG
a. Keeps and maintains b. Issues instructions to c. Conducts a thorough
the national database of the RDs and PSOs with investigation for all cases
solemnizing officers; reference to the of violations related to
implementation of this this Order;
Order;
d. Enforces and monitors e. Consolidates the f. Enforces penalty
the implementation of monthly reports/data files provisions as prescribed
the Rules and Regulations submitted by the RDs; by law;
of this Order;
g. Prescribes fees for h. Renders decision to
registration of SOs. appealed cases.
Rule 4: Duties and Responsibilities
of the SO
PSA
1. Registers his authority to solemnize
marriage at the PSA if applicable;

2. Displays in a conspicuous place,


inside his/her office his/her CRASM;

3. Ensures that the requirements for


the solemnization of marriage under
the law are complied with;
Rule 4: Duties and Responsibilities
of the SO
4. Performs religious services except those SOs who
solemnize marriage inherent to their functions,
customs and traditions as provided by law;
5. Solemnizes marriages within the
territorial jurisdiction;

6. Ensures the accuracy and


completeness of entries in the
Certificate of Marriage;
Rule 4: Duties and Responsibilities
of the SO
7. Submits the Certificate of
Marriage to C/MCR for registration
within the reglementary period;
8. Files, keeps and preserves
Filing
Cabinet Certificate of Marriage;
Other
Requirements

9. Complies with other requirements


as may be prescribed by the CRG.
Rule 5: Duties of the PSA Regional
Director (RD)
a. Accepts, reviews and evaluates applications
for registration of authority to solemnize
marriage from the PSOs;
b. Records data pertaining to SOs;
c. Signs and issues the Certificate of Registration
of Authority to Solemnize Marriage (CRASM);
including the certified copies and other
certifications such as extension of authority.
Rule 5: Duties of the PSA Regional
Director (RD)
d. Cancels issued CRASMs as the case maybe on
valid grounds;
e. Investigates applications which cannot be
acted upon by the PSOs when necessary;
f. Recommends to the CRG for resolution
applications which cannot be acted upon by the
RD;
Rule 5: Duties of the PSA Regional
Director (RD)
g. Files, keeps and preserves records of SOs;
h. Submits reports/updated data files to CRG on
the 10th day after the reference month;
i. Supervises and monitor the activities of all PSOs
under the jurisdiction relative to the
implementation of this Order;
Rule 5: Duties of the PSA Regional
Director (RD)
j. Implements security measures to preserve
the integrity of the CRASM;
k. Performs other functions related to the
implementation of this Order.
Rule 6: Duties of the PSA Provincial
Statistics Officer (PSO)
a. Ensures the availability of application
forms (OCRG-SO Form No. 1);
b. Accepts duly accomplished application
forms together with the supporting
documents as enumerated under Sec. 7.4
of Rule 7;
The OCRG-SO Form 1 (application for SOs) shall
be free of charge. It may be reproduced at the PO.
Rule 6: Duties of the PSA Provincial
Statistics Officer (PSO)
c. Checks the completeness and
correctness of entries;
d. Evaluates the application and
supporting documents;
Rule 6: Duties of the PSA Provincial
Statistics Officer (PSO)
e. In case of doubt, conducts investigation with respect
to the following:
1. Whether the applicant for registration is
performing other religious rites and services and
not merely solemnizing marriage.
2. Whether or not the religious sect to which the
applicant is a member, has a church, temple or
chapel in the province where the religious rites and
services are periodically conducted.
Rule 6: Duties of the PSA Provincial
Statistics Officer (PSO)
3. Whether or not the religion or religious sect to
which the applicant is a member, has a
congregation of at least 200 bonafide active
member.
f. Endorses application forms and all other required
documents to the Office of the Regional Director;
g. Submits reports of investigations conducted;
Rule 6: Duties of the PSA Provincial
Statistics Officer (PSO)
h. Accepts, payments on prescribed fees Payments collected for the day
shall be deposited daily in the
and issues corresponding official receipts; bank
i. Submits monthly financial report to the
Accounting Division;
In addition to the release of
j. Releases CRASM to the concerned SOs;
CRASM, the PO may also
issue certified true copies of
CRASM & certifications
based on his/her file copy.
Rule 6: Duties of the PSA Provincial
Statistics Officer (PSO)
k. Performs other functions related to the
implementation of this Order.
Pursuant to Memorandum dated September Other duties and
19, 2006, the PO shall submit OCRG responsibilities of PO includes
monitoring form (D-SOIS Form 1) which acting as trainors/resource
contain the List of SOs Who Have Filed speakers, attended hearings &
Applications for Registration & Summary of coordination concerning SOs.
the Applications Filed to OCRG.
Rule 7: Registration Procedures
Founder
• Who Shall Apply Tribal of the
Head/ religion/
The following shall apply for the religious
Chieftain
registration of authority to solemnize sect
marriage:
Head of Other
the
religious
religion/
Bishop Priest Imam religious
ministers/
sect pastors
Rule 7: Registration Procedures
• Where to Apply
All SOs enumerated under Rule 7.1 shall secure
and file their application forms for registration
from the PSA Provincial Office of the province
where the church, temple or chapel is situated.
Rule 7: Registration Procedures
• When to Apply
Applications for registration of authority to
solemnize marriage maybe filed anytime of the
year. SOs whose registration shall expire on the
31st of December of any current year may submit
their applications on or before the 31st December
but not earlier that the 1st of October of that
current year.
Rule 7: Registration Procedures
• Requirements for Registration
The SOs whose religion or religious sect are deemed
operating in the Philippines and in good repute are required
to register their authority to solemnize marriage with the
CRG under Article 3 of the Family Code shall comply with the
following:
a. Accomplished application form.
(OCRG-SO Form No 1) in triplicate copies, subscribed
and sworn to before a person authorized to
administer oath with affixed documentary stamp;
Rule 7: Registration Procedures
• Requirements for Registration

b. Three copies of colored ID pictures (2x2) with white


background taken not more than a month ago from
the date of application. Pictures should not be
computer generated to preserve its quality. In cases
the person is using glasses, it should be removed to
Juan Dela Cruz
have a clear image of the person. The back of the ID
picture should contain the signature of the
applicant;
Rule 7: Registration Procedures
• Requirements for Registration
c. A machine copy of appointment as
priest, head, founder, bishop, pastor and
minister of the religion or religious sect;
d. Proper endorsement/ designation/
recommendation from the head of the religion or
religious sect to mention: the full name, nationality,
complete address, location of the church, temple or
mosque where the applicant regularly perform rites
and indicate the extent of his territorial jurisdiction;
Rule 7: Registration Procedures
• Requirements for Registration

e. Proof of attendance in an orientation


seminar conducted by PSA for SOs;
f. Certified
True Copy of Certificate of Live Birth;
g. I-Card issued by the Bureau of
Immigration (BI), in case the applicant is a
citizen of a foreign country;
Rule 7: Registration Procedures
• Requirements for Registration

h. Certified True Copy of Certificate of Ordination issued by


his/her respective church;
i. Payment of registration fee;
j. Certificate of Registration,
Articles of Incorporations and by-laws, and updated
General Information Sheet (G.I.S.) certified by the Head of
the religion or religious sect.
Rule 7: Registration Procedures
• For Heads/Bishops/Presidents/ Founders, the following are
required in addition to above requirements:

a. Endorsement or recommendation from the Board of


Trustees/Directors or Church Council.
b. In case there are no Board of Trustees/Directors, the
head/ bishop/ president/founder of the
religion/religious sect shall submit a sworn statement
duly notarized.
Rule 7: Registration Procedures
• For Heads/Bishops/Presidents/ Founders, the following are
required in addition to above requirements:
c. Sworn statement containing
brief history of the religion/religious sect and the list of 200
bonafide active members stating therein their complete
address and signed by the members.
d. A certified Certificate of Registration, Articles of
Incorporation and by-laws, and updated General
Information Sheet (GIS) issued by the Security Exchange
Commission (SEC).
Rule 7: Registration Procedures
• For Imams
a. Accomplished application form (OCRG-SO Form
No. 1) in triplicate copies, subscribed and sworn to
before a person authorized to administer oath with
affixed documentary stamp;
Rule 7: Registration Procedures
• For Imams
b. Three copies of colored ID pictures (2x2) with white
background taken not more than a month ago from
the date of application. Pictures should not be
computer generated to preserve its quality. In cases
the person is using glasses, it should be removed to
have a clear image of the person. The back of the ID
picture should contain the signature of the applicant.
Rule 7: Registration Procedures
• For Imams
c. Proof of attendance in an orientation seminar
conducted by PSA for SOs;
d. Certified True Copy of COLB;
e. I-Card issued by the Commission on Immigration
and Deportation (CID), in case the applicant is a
citizen of foreign country;
f. Payment of registration fee;
g. Certificate from the OMA that the applicant is
authorized to solemnize marriage.
Rule 7: Registration Procedures
• For Tribal Heads/ Chieftains
a. Accomplished application from (OCRG-SO Form
No. 1) in triplicate copies, subscribed and sworn to
before a person authorized to administer oath with
affixed documentary stamp;
Rule 7: Registration Procedures
• For Tribal Heads/ Chieftains
b. Three copies of colored ID pictures (2x2) with white
background taken not more than a month ago from
the date of application. Pictures should not be
computer generated to preserve its quality. In cases
the person is using glasses, it should be removed to
have a clear image of the person. The back of the ID
picture should contain the signature of the applicant.
Rule 7: Registration Procedures
• For Tribal Heads/ Chieftains
c. Proof of attendance in an orientation seminar
conducted by PSA for SOs;
d. Certified True Copy of COLB;
e. Certification from the National Commission on
Indigenous People (NCIP) that the applicant is
authorized to solemnize marriage.
f. Payment of registration fee;
Rule 7: Registration Procedures
• Fees. Pursuant to EO No. 197 issued by President Joseph
Ejercito Estrada on January 13, 2000 and implemented on
April 4, 2000, the SO shall pay the following fees:
Rule 8: Grounds for Cancellation of
CRASM
• The CRG through the RD shall cancel the CRASMs
issued to SOs based on the following grounds:

1. When the request for cancellation of authority to


solemnize marriage is made by the bishop or head
of the religion or religious sect of which the SO is a
member;
2. When the request for cancellation of authority to
solemnize marriage is made by the SO himself;
Rule 8: Grounds for Cancellation of
CRASM
3. When before the expiry date of his authorization, the
SO ceases to be a member of the religion or religious
sect which the represented at the time of
registration;
4. When the SO has been convicted by final judgment
of any crime;
5. When the SO retires from his function as a priest or
religious minister, or dies, or becomes permanently
incapacitated to discharge the function of his office;
Rule 8: Grounds for Cancellation of
CRASM
6. When the SO willfully violates the provisions of the
existing laws as when he officiates marriage where no one
of the contracting parties is a member of his religion or
religious sect;
7. When the SO officiates marriage outside his territorial
jurisdiction;
8. When the SO fails or refuses to exhibit his authority to
solemnize marriage when it is demanded from him by the
contracting parties, their parents or guardian;
Rule 8: Grounds for Cancellation of
CRASM
9. When the SO officiates marriage where the
contracting parties do not have a valid marriage
license when such license is required and such fact
is known to him;
10. When the SO officiates marriage with expired
marriage license;
11. When the SO fails or refuses to indicate on the
marriage certificate his registry number and the
expiry date of his authority to solemnize marriage;
Rule 8: Grounds for Cancellation of
CRASM
12. In case of foreigner, when his visa/I-Card expires
before the expiry date of his authority to solemnize
marriage;
13. When the SO allows proxy marriages which is a
kind of marriage arrangement where the one of the
parties to a marriage is represented merely by
someone else who may be a delegate or a friend of one
of the contracting parties;
Rule 8: Grounds for Cancellation of
CRASM
• The CRG through the RD shall cancel the CRASMs issued
to SOs based on the following grounds:

14. When the SO is represented by a proxy SO or


somebody else who performs the marriage for and in his
behalf;
Rule 8: Grounds for Cancellation of
CRASM
• The CRG through the RD shall cancel the CRASMs
issued to SOs based on the following grounds:

15. When the SO is physically incapacitated where his


performance to solemnize marriage is substantially
affected such as blindness, etc;
16. When the SO does other acts in contravention with
law.(eg. Solemnizing marriage for persons who are
less than 18y/o or same sex marriage, etc.).
Rule 9: Penalty Provisions
Act 3613
• Section 39. Illegal Solemnization of Marriage. Any priest or minister
solemnizing marriage without being authorized by the CRG or who, upon
solemnizing marriage, refuses to exhibit his authorization in force when
called upon to do so by the parties or parents, grandparents, guardians, or
persons having charge; and any bishop or officer, priest, or minister of any
church, religion or sect the regulations and practices whereof require
publications previous to the solemnization of a marriage in accordance with
Sec. 10, who authorizes the immediate solemnization of a marriage that is
subsequently declared illegal; or any officer, priest or minister solemnizing
marriage in violation of the provisions of this Act, shall be punished by the
imprisonment for not less than one month nor more than Php 2,000.00.
Rule 9: Penalty Provisions
• Section 40. Marriage in improper places. Any officer, minister
or priest solemnizing marriage in a place other than those
authorized by this Act, shall be punishable by a fine of not less
than Php 25.00 nor more than Php 300.00, or by
imprisonment for not more than one month, or both, in the
discretion of the court.
Rule 9: Penalty Provisions
• Section 41. Failure to deliver marriage certificate. Any
officer, minister or priest failing deliver to either of the
contracting parties one of the copies of the marriage contract
or to forward the other copy to the authorities within the
period fixed by law for said purpose, shall be punished by
imprisonment for not more than month or by a fine of not
more than Php 300.00, or both in the discretion of the court.
Rule 9: Penalty Provisions
• Section 42. Affidavit on marriage in articulo mortis. Any
officer, priest or minister who, having solemnized marriage in
articulo mortis, or any other marriage of an exceptional
character, shall fail to comply with the provisions of Chapter II
of this Act, shall be punished by imprisonment for not less
than one month nor more than two years, or by a fine of not
less than Php 300.00 nor more than Php 2,000.00, or both in
the discretion of the court.
Rule 9: Penalty Provisions
• Section 43. Unlawful signboards. Any person who, not being
authorized to solemnize marriage, shall publicly advertise
himself, by means of signs or placards placed on his residence
or office or through the newspapers, as authorized to
solemnize marriage, shall be punished by imprisonment for
not less than one month nor more two years, or by a fine of
not less than fifty pesos not more than two thousand pesos,
or both, in the discretion.
Rule 9: Penalty Provisions
• Section 44. General penal clause. Any violation of any
provision of this Act not specifically penalized, or of the
regulations to be promulgated by the proper authorities, shall
be punished by a fine of not more than Php 200.00 or by
imprisonment for not more than one month, or both, in the
discretion of the court.
Rule 9: Penalty Provisions
• Section 45. Disqualification of priests and ministers. Any
priest or minister of the gospel of any denomination, church,
sect or religion convicted or any of the provisions of this Act
or of any crime involving moral turpitude, shall, in addition to
the penalties incurred in each case, be disqualified to
solemnize marriage for a period of not less than six months
nor more than six years at the discretion of the court.
Rule 9: Penalty Provisions
Revised Penal Code
• Article 352. Performance of illegal marriage ceremony
Priests or ministers of any religious denomination or sect, or
civil authorities who shall perform or authorize any illegal
marriage ceremony shall be punished in accordance with the
provisions of the Marriage Law.
Rule 10: Retroactive Clause

• These rules shall have retroactive


effect insofar as it does not
prejudice or impair vested or
acquired rights in accordance
with the Civil Code and other
laws.
Rule 11: Separability Clause

•  If any portion or provision of these


rules is declared void or
unconstitutional, the remaining
provisions or provisions thereof
shall not be affected by such
declaration.
Rule 12: Repealing Clause

• All circulars, memoranda, rules


and regulations or issued by the
CRG or parts thereof inconsistent
with the provisions of these rules
are hereby repealed or modified
accordingly.
Rule 13: Date of Effectivity

• These rules shall take effect fifteen days after its


publication in the Official Gazette.
• Done in the City of Manila, Philippines this 16th day
of February, 2007.

(Sgd.) CARMELITA N. ERICTA


Civil Registrar General
CANCELLATION OF CRASM
General Procedure in the Cancellation of CRASM

• All circulars, memoranda,


rules and regulations or issued
by the CRG or parts thereof
inconsistent with the
provisions of these rules are
hereby repealed or modified
accordingly.
General Procedure in the Cancellation of CRASM

1. Before a CRASM is cancelled, a fact-finding investigation


shall be conducted by the RO to establish the specific
ground as basis for the cancellation.
2. The cancellation shall be issued in the form of a “letter”
addressed to the concerned SO & signed by the RD.
3. The letter of cancellation of CRASM shall state the ground/s
for the cancellation.
General Procedure in the Cancellation of CRASM

4.A copy of the letter canceling the CRASM shall also be sent
to the head of the religious sect where the SO belongs, the
PO where the SO filed his application and the OCRG.
5.Copies of the letter to the SO & his bishop or head shall be
sent thru registered mail.
6.“CRASM CANCELLED effective (date)” shall be indicates in the
remarks portion of the concerned SO in the Registry of SOs &
SOIS database.
General Procedure in the Cancellation of CRASM
7.In case the ground for cancellation is any of the violations
enumerated, specifically those under Rules 8.6, 8.7, 8.8, 8.9,
8.10, 8.11, 8.13 & 8.14 of AO 1 s 2007, the RD shall forward a
copy of the fact –finding investigation report and all pertinent
documents to OCRG thru the CRD.
8.The Policy Advocacy Division (PAD) of CRD, shall be
responsible in filing the formal charge against any of SO
based on the investigation conducted by the RO.
9.Any appeal for re-consideration of any cancellation shall be
forwarded to the CRG for final decision.
General Procedure in the Cancellation of CRASM
A. Request for cancellation is made by the Bishop or head of
the religious sect
1.Check for the authenticity of the signature of the Bishop or
head of the religious sect from the records on file in the office.
If in doubt, verify with the concerned Bishop or head.
2.Check if the letter-request of the Bishop or head indicates
that the SO was given a copy. If not, the RO/PO shall inform
the SO about the request of his/her Bishop or Head for the
cancellation of his/her CRASM.
General Procedure in the Cancellation of CRASM
A. Request for cancellation is made by the Bishop or head of
the religious sect
3. Issue the cancellation, copy furnish the bishop or head of the
SO.
4. In case the request for cancellation is not granted, inform
the Bishop or head of the religious sect why the request
cannot be granted.
For example, if the SO disagrees with the cancellation
because there is an existing issue on the leadership
meaning, there is question on who is the proper person who
is regarded as the head & is authorized to issue any
cancellation, inform the bishop that the request for
cancellation is not granted.
General Procedure in the Cancellation of CRASM
B. Request for cancellation is made by the SO himself

1.Check for the authenticity of the signature of the SO from


records on file in the office; if in doubt, verify with SO.
2.Issue the cancellation. Copy furnish the bishop or head of the
SO.
Conduct of Fact-Finding Investigation
The conduct of an investigation before a CRASM is
cancelled is necessary to establish the specific ground/s
for the cancellation & ensure the authenticity of
documents or reports received as basis for action. Thus,
the conduct of the investigation shall be fact-finding in
nature.
The preparation of the fact-finding investigation report
shall be the responsibility of the RO in coordination with
the PO & in consultation with PAD.
Conduct of Fact-Finding Investigation
The fact-finding investigation report should be sufficient
for the filing of a formal charge, if warranted.
To serve as evidence, an outline of the investigation & list
of required documents.
Conduct of Fact-Finding Investigation
The steps to be followed in the conduct of the fact-finding
investigation prior to the issuance of the cancellation of CRASM
are as follows:
A. Complaint or report of Violation in Received
1.If a written complaint is received, request that the complaint be
made under oath.
Conduct of Fact-Finding Investigation
2. If a verbal report is received regarding the violation committed,
check if the violation made can be verified against civil registry
documents received by the office or the LCRO. If so, the RO, in
coordination with the PO shall re responsible in preparing the
report on the violation. (PSA personnel should be allowed to secure
photocopies of documents at the LCRO to be used as evidence)
Conduct of Fact-Finding Investigation
3.Inform the concerned SO & his Bishop or head of religious sect
on the complaint or report of violation for their comment.
Request that the response of the SO & the Bishop of head be
made under oath.
4.If the SO admits the violation, issue the cancellation & proceed
to Filing Charge Against SO.
Conduct of Fact-Finding Investigation
5.If the SO denied the violation, compile all possible supporting
evidence/documents & prepare the fact-finding investigation
report.
6.Submit fact-finding investigation report together with the
supporting evidence/documents to the OCRG thru the PAD.
Filing of Formal Charge Against SO
• For any violation made by a SO, it shall be the duty of the Legal
Services Division (LSD) to file a formal charge based on the fact-
finding report submitted by the RD:
• The LSD shall:

1.Study & review the fact-finding investigation report. If


insufficient, coordinate with the concerned RD for the
completion of the report.
2.Prepare a formal charge sheet.
Filing of Formal Charge Against SO
3. Submit fact-finding investigation report & formal charge sheet
to the CRG for approval in the filing of the charge.
4. File formal charge at the appropriate Prosecutor’s Office.
5. Send advisory to all field offices on the filing of formal charge
against the applicant SO. Applications of SOs with pending court
case shall not be acted upon until settlement of the case.
Pro-forma
Letter for
Request for
Field Visit
Pro-forma
Letter for the
Cancellation
of CRASM
Fact-Finding Report
D-SOIS Form 1 (PO)

Bishop
ISSUES AND PROBLEMS
ENCOUNTERED
ISSUES/PROBLEMS ACTIONS TAKEN
ENCOUNTERED

A. AFs not Properly and Completely Accomplished

1. ADDRESS
*Incomplete Residential
Address
*Place of Assignment is Strict verification/
blank evaluation by the SO Clerk
prior to acceptance and
*Inconsistent with letter of payment
appointment
ISSUES/PROBLEMS
ACTIONS TAKEN
ENCOUNTERED

2. SO Applicant use Electronic Electronic/ Facsimile


Signature signature is not accepted

3. Problem on the ID Pictures


submitted, such as:

*with eyeglasses, Advised the SO to submit


not latest, no signature, the required ID pictures
(taken not more than a
etc.
month ago)
ISSUES/PROBLEMS ACTIONS TAKEN
ENCOUNTERED
4. Documentary Stamp Tax (DTS)
Required DTS to be
*No DTS attached submittedby the SO
applicant
*Not attached at the lower Required DTS to be
left portion (back) of the submitted by the SO
document applicant

Advised the SO to have the


5. AF not Notarized AF notarized first
ISSUES/PROBLEMS ACTIONS TAKEN
ENCOUNTERED
6.Not stated

Advised SO to state the


*Position/ title/ territorial position/ title/territorial
jurisdiction
jurisdiction

Required the SO applicant


7. First copy in the AF is filled-up to fill-up completely the
out of the 3 copies
application forms
ISSUES/PROBLEMS
ACTIONS TAKEN
ENCOUNTERED
B. Problems with COLB
1. COLB is inconsistent with the
entry in the AF Issued advisory letter;

Advised SO to apply for a


petition under RA 9048/10172,
if applicable
If with discrepancy on the
2. CTC issued by the LCRO is not entries, advised SO to
the latest issuance apply for a petition under
RA 9048/10172, if applicable
ISSUES/PROBLEMS
ENCOUNTERED ACTIONS TAKEN

If with discrepancy on the


3. Negative Certification is entries, advised SO to
submitted apply for a petition under
RA 9048/10172, if applicable

4. Female SO is married, hence,


surname is different from the Required the SO to submit
Marriage Contract
COLB
ISSUES/PROBLEMS
ENCOUNTERED ACTIONS TAKEN

C. Appointment and Endorsement/ Recommendation Letter

Advised to provide
1. Not in prescribed format necessary attachments as
required

2. Endorsing Officer/Head is not Endorsing Officer to renew


a registered SO or has not his CRASM first before SO’s
renewed his license CRASM can be processed
ISSUES/PROBLEMS
ENCOUNTERED ACTIONS TAKEN
3. No designation/appointment
letter (New endorsing/ Required the SO applicant
to submit the requirement
recommending officer)
4. Electronic/forged signature Not acceptable
5.Recommending Officer is not Required strict verification
the Head of the Church

6. Endorsing Officer is alsoa Verified from the applicant/


church where he is
memberof another religious sect affiliated
ISSUES/PROBLEMS
ACTIONS TAKEN
ENCOUNTERED
7.Different head of the sect from Verified from the applicant/
the previously recorded in the church where he is
SO database affiliated
Application must be
8.Not stated Territorial returned to the applicant
Jurisdiction for identification of his
territorial jurisdiction
9. SO is an imam but no SO is required to submit
endorsement from NCMF proper endorsement
ISSUES/PROBLEMS
ACTIONS TAKEN
ENCOUNTERED
Non-issuance of CRASM.
D. Expired I-card or no I-card
submitted for foreign applicants SO is advised to renew the
documents required.

E.SEC Registration

1. Not certified true copy by SEC Non-issuanceof CRASM

2. Religious sect continuously use


For strict verification as to
old name even with SEC the name of religious sect
Registration Amendments
ISSUES/PROBLEMS
ACTIONS TAKEN
ENCOUNTERED
Latest GIS is required to
3. No latest GIS report without
names and position of officers validate the members of
the Board of Trustees
4. Non-submission of the latest
Affidavit from SEC as Required the SO to submit
CorporationSole in lieu of the latest Affidavit from SEC
GIS
5. Registered sect used by the SO
is either an Association/ Required the SO to submit
Foundation/ Organization & not latest Affidavit from SEC
his local church
ISSUES/PROBLEMS
ACTIONS TAKEN
ENCOUNTERED
F.CRASM

Informed that renewal is


1. With existingvalid CRASM duringthe last quarter of
the expiration year

2. SO applicant with existing Advised to cancel existing


record & applying under a new
religious sect record first
ISSUES/PROBLEMS ACTIONS TAKEN
ENCOUNTERED
G. Religious Sect
Referred to PSA Legal Service
1. With on-going corporate dispute Division for legal advice and
appropriate action
2. New religious sect is not yet Verified name of religious
enrolled in the database sect and SEC registration
Advised to apply for a
CRASM first/submit
3. Endorsing Officer is not a
registered SO certification that Endorsing
Officer does not solemnize
marriage
ISSUES/PROBLEMS ACTIONS TAKEN
ENCOUNTERED
H. Problems with other Supporting Documents/ Attachment
1. Photocopy of old CRASM not Required to submit certified
attached (renewal) photocopyof his previous
CRASM
Mayor’s certificate must be
2. Mayor’s certification is only about the Religious
about the SO applicant Sect/Church (if still existing
and of good repute)

3. Certificate of Ordination is issued Required SO applicant to


by another Church/Religious Sect submit new Certificate of
Ordination
ISSUES/PROBLEMS ACTIONS TAKEN
ENCOUNTERED
H. Problems with other Supporting Documents/ Attachment
4. Same signature in the list of 200 Verifiedwith the religious sect
bonafide members
I. Online Processing (SOIS)
1. Change in religioussect but not in Requested and done by the
his AF System Administrator
Applicable in big religious
2. Sect Localityindicated in SOIS groups
3. SearchMode: Residence vs. Place
of Assignment Updated the system
ISSUES/PROBLEMS ACTIONS TAKEN
ENCOUNTERED
I. Online Processing (SOIS)
4. Interchanged Last Name and Database tobe cleaned and
First Name in the SO record information corrected
5. Non-inclusion of Registry Required additional field for
Status/no remarksoption “registry status”

6. Cases of duplicate recordof Registry No. is indicated in


the AF; need to update the
religious sect system

7. Error in encoding of entry/ies Edited entry/ies in the SOIS


ISSUES/PROBLEMS
ENCOUNTERED ACTIONS TAKEN
I. Online Processing (SOIS)
8. Cannot generate some cities/ Selected the place of
municipalities in the birthplace assignment;Need to update
option (Region IX) the system
9. Delay in the response of System Neededto update/enhance
Administrator using the the system
“shoutbox”
If possible, offline processing
10. Online processingof applicants bean option to avoid delay;
during peak period (Oct-Jan) Integrated electronic printing
of Monthly Register
ISSUES/PROBLEMS
ENCOUNTERED ACTIONS TAKEN
I. Online Processing (SOIS)
8. Cannot generate some cities/ Selected the place of
municipalities in the birthplace assignment;Need to update
option (Region IX) the system
9. Delay in the response of System Neededto update/enhance
Administrator using the the system
“shoutbox”
If possible, offline processing
10. Online processing of applicants bean option to avoid delay;
during peak period (Oct-Jan) Integrated electronic printing
of Monthly Register

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