Documente Academic
Documente Profesional
Documente Cultură
By
Renan E. Ramos
I.
B.
C.
D.
Presumption of validity
A judgment of a court of justice is presumed valid and
enforceable, where the record discloses that all steps
necessary to confer jurisdiction have been taken, and that
Paper presented by Atty. Renan E. Ramos, Assistant Solicitor General, during the 6th National Workshop
on Civil Registration held at the SMX Convention Center, Mall of Asia Complex, Pasay City on August 79, 2012.
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Void judgments.
A judgment issued by a court which does not have
jurisdiction over the parties or the subject matter of the
case and does not comply with the requirements of law is
a void judgment.
Effect of a void judgment
A void judgment is in legal effect no judgment. By it no
rights are divested. From it no rights can be obtained.
Being worthless in itself, all proceedings founded upon it
are equally worthless. It neither binds nor bar any one. All
acts performed under it and claims flowing out of it are
void.4
F.
Finality of judgments
Only final and executory judgments are capable of
enforcement or execution. A judgment becomes final upon
the lapse of the reglementary period for filing an appeal.
Foreign Judgments.
Presumption of validity
A judgment or final order by a tribunal of a foreign country
enjoys the presumption of validity, because a court,
whether of the Philippines or elsewhere, enjoys the
presumption that it was acting in the lawful exercise of
Proof of foreign judgments The requisites for the admissibility of a copy of a foreign
official document are:
(i) it must be attested by the officer having legal
custody of the records or by his deputy, and
(ii) it must be accompanied by a certificate of the
Philippine Diplomatic or consular representative to the
foreign country certifying that such attesting officer has the
custody of the document.
The latter requirement is not a mere technicality but is
intended to justify the giving of full faith and credit to the
genuiness of a document in a foreign country.11
Proof of foreign judgment
A claim for the enforcement of a foreign judgment can be
brought only before the regular courts and not in an
administrative agency.
A foreign decision purporting to be the written record of an
act of an official body or tribunal of a foreign country is,
therefore, a public writing under [Sec. 19(a), Rule 132]
and must be proved in accordance with Secs. [24 and 25]
of the same rule. (Pacific Asia Overseas Shipping v. NLRC,
G.R. No. 76595, May 6, 1988)
Pertinent rules
Section 24. Proof of official record.
The record of public documents referred to in
paragraph (a) of Section 19, when admissible
for any purpose, may be evidenced by an
official publication thereof or by a copy attested
by the officer having the legal custody of the
record, or by his deputy, and accompanied, if
the record is not kept in the Philippines, with a
certificate that such officer has the custody. If
the office in which the record is kept is in
foreign country, the certificate may be made by
11
H.
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Decree of Reconciliation.22
(i)
If the spouses had reconciled, a joint manifestation
under oath, duly signed by the spouses, may be filed in the
same proceeding for legal separation;
(ii)
If the reconciliation occurred while the proceeding for
legal separation is pending, the court shall immediately
issue an order terminating the proceeding;
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(iii)
If the reconciliation occurred after the rendition of the
judgment granting the petition for legal separation but
before the issuance of the decree, the spouses shall
express in their manifestation whether or not they agree to
revive the former regime of their property relations or
choose a new regime;
(iv) The court shall immediately issue a decree of
reconciliation declaring that the legal separation proceeding
is set aside and specifying the regime of property relations
under which the spouses shall be covered.
(v)
If the spouses reconciled after the issuance of the
decree, the court, upon proper motion, shall issue a decree
of reconciliation declaring therein that the decree is set
aside but the separation of property and any forfeiture of
the share of the guilty spouse already effected subsists,
unless the spouses have agreed to revive their former
regime of property relations or adopt a new regime.
(vi)
The decree of reconciliation shall be recorded in the
Civil Registries where the marriage and the Decree had
been registered.
5.
Decree of Reconciliation.
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1.
If the court renders a decision granting the petition, it
shall declare therein that the decree of absolute nullity or
decree of annulment shall be issued by the court only after
compliance with Articles 50 and 51 of the Family Code as
implemented under the Rule on Liquidation, Partition and
Distribution of Properties.24
2.
The decision becomes final upon the expiration of
fifteen days from notice to the parties. Entry of judgment
shall be made if no motion for reconsideration or new trial,
or appeal is filed by any of the parties, the public
prosecutor, or the Solicitor General.25
3.
Upon the finality of the decision, the court shall
forthwith issue the corresponding decree if the parties have
no properties.26
4.
The entry of judgment shall be registered in the Civil
Registry where the marriage was recorded and in the Civil
Registry where the Family Court granting the petition for
declaration of absolute nullity or annulment of marriage is
located.27
5.
Issuance of Decree of Declaration of Absolute Nullity
or Annulment of Marriage.28
(i) The court shall issue the Decree after: (a) Registration
of the entry of judgment granting the petition for declaration
of nullity or annulment of marriage in the Civil Registry
where the marriage was celebrated and in the Civil Registry
of the place where the Family Court is located; (b)
Registration of the approved partition and distribution of the
properties of the spouses, in the proper Register of Deeds
where the real properties are located; and (c) The delivery
of the children's presumptive legitimes in cash, property, or
sound securities.
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27
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(b)
The court shall quote in the Decree the dispositive
portion of the judgment entered and attach to the Decree
the approved deed of partition. Except in the case of
children under Articles 36 and 53 of the Family Code, the
court shall order the Local Civil Registrar to issue an
amended birth certificate indicating the new civil status of
the children affected.
6.
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32
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1.
In case of a court decree/order concerning the status
of a person, it shall be the duty of the clerk of the court
which issued the decree to ascertain whether the same has
been registered, and if this has not been done, to send a
copy of said decree to the civil registry of the city or
municipality where the court is functioning, or advise the
successful petitioner to have the decree/order registered in
the civil registrar's office where the court is functioning,
within ten (10) days after the decree/order has become
final.33
Correction of Entries.
1.
No entry in the civil register shall be changed or
corrected, without judicial order.34 The entry appearing in
the register shall remain and the corrected entry shall be
indicated in the remarks column of the register.35 When the
interested party requests a copy of his/her record, a
certified true copy or a certified transcription bearing the
annotation, "Correction of Entry" giving reference to the
entry number in the Register of Court Decrees shall be
issued. The certified transcription to be issued shall bear
the correction as ordered by the court.36
2.
Q:
Is a judgment voiding a marriage and
rendered by the regional trial court under Rule 108 of the
Rules of Court valid and proper? Rule 108, Section 1 of
the Rules of Court provides that Any person interested in
any act, event, order or decree concerning the civil status
of persons which has been recorded in the civil register,
may file a verified petition for the cancellation or correction
of any entry relating thereto, x x x.37
A:
On its face, the Rule would appear to authorize the
cancellation of any entry regarding "marriages" in the civil
registry for any reason by the mere filing of a verified
33
34
35
36
37
Section 409, Civil Code; Rule 50, NSO A.O. No. 1-93; Rule 58, OCRG A.O. No. 1, s. 1983.
Rule 58 (1), A.O. No. 1, s. 1993, citing Article 412, Civil Code.
Rule 58 (3), A.O. No. 1, s. 1993.
Rule 58 (4), A.O. No. 1, s. 1993.
Leonor v. CA, G.R. No. 112587 (1996).
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II.
A.
Steps Involved
38
Ibid.
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1. Filing of an application
Where a marriage license is required, each of the contracting
parties shall file separately a sworn application for such license
with the proper local civil registrar which shall specify the
following: (a) full name of the contracting party; (b) place of birth;
(c) age and date of birth; (d) civil status; (e) if previously married,
how, when and where the previous marriage was dissolved or
annulled; (f) present residence and citizenship; (g) degree of
relationship of the contracting parties; (h) full name, residence
and citizenship of the father; (i) full name, residence and
citizenship of the mother; and (j) full name, residence and
citizenship of the guardian or person having charge, in case the
contracting party has neither father nor mother and is under the
age of twenty-one years.41
2. Entry in the Registry Book
The local civil registrar concerned shall enter all applications for
marriage licenses filed with him in a registry book strictly in the
order in which the same are received. He shall record in said
book the names of the applicants, the date on which the marriage
license was issued, and such other data as may be necessary.42
3. Presentation of Birth Certificate
Upon receiving such application, the civil registrar shall require
the presentation of the original birth certificates or, in default
hereof, the baptismal certificates of the contracting parties or
copies of such documents duly attested by the persons having
custody of the originals. These certificates or certified copies of
the documents need to be sworn to and shall be exempt from the
documentary stamp tax. The signature and official title of the
person issuing the certificate shall be sufficient proof of its
authenticity.43
If either of the contracting parties is unable to produce his birth or
baptismal certificate or a certified copy of either because of the
41
42
43
Rule 47 (1), A.O. No. 1, s. 1993, citing Article 11, Family Code.
Rule 47 (2), A.O. No. 1, s. 1993, citing Article 25, Family Code.
Rule 48, A.O. No. 1, s. 1993, citing Article 12 par. 2, Family Code.
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Rule 48 (3), A.O. No. 1, s. 1993, citing Article 14, Family Code.
Rule 48 (4), A.O. No. 1, s. 1993, citing Article 15, Family Code.
Rule 48 (5), A.O. No. 1, s. 1993, citing Article 16 paragraph 1, Family Code.
Ibid, citing Article 16 paragraph 2, Family Code.
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51
52
53
54
Rule 48 (6), A.O. No. 1, s. 1993, citing Article 17, Family Code.
Rule 48 (7), A.O. No. 1, s. 1993, citing Article 18, Family Code.
Rule 48 (8), A.O. No. 1, s. 1993, citing Article 21 paragraph 1, Family Code.
Ibid, citing Article 21 paragraph 2, Family Code.
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Marriages Exempt from the License Requirement In marriages exempt from license requirement, the solemnizing
officer in accordance with Chapter 2 of the Family Code, shall
indicate in the space provided in the Certificate of Marriage any of
the following particular provisions of the Family Code under which
such marriage was performed. The civil registrar shall enter the
same in the remarks column of the marriage register:58
55 Rule 48 (9), A.O. No. 1, s. 1993, citing Article 19, Family Code.
56 Rule 48 (10), A.O. No. 1, s. 1993, citing Article 20, Family Code.
57 Rule 49, A.O. No. 1, s. 1993.
58
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a)
Article 27 in case either or both of
the contracting parties are at the point of death, the
marriage may be solemnized without requiring a
marriage license even if the ailing party
subsequently survives;
b)
Article 28 if the residence of either
party is so located that there is no means of
transportation to enable such party to appear
personally before the civil registrar, the marriage
may be solemnized without the marriage license;
c)
Article 33 marriages among
Muslims or among members of the ethnic cultural
communities may be performed validly without the
marriage license, provided that they are solemnized
in accordance with their customs, rites, or practices;
or
d)
Article 34 the marriage license is
not necessary for the marriage of a man and a
woman who have lived together as husband and
wife for at least five years and without any legal
impediment to marry each other.
59
Rule 45 (2), A.O. No. 1, s. 1993, citing Article 29, Family Code.
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B.
Registration of Marriage.
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68
69
70
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C.
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PENALTIES
1.
Any person who shall knowingly make false statements in
the forms furnished and shall present the same for entry in the
civil register, shall be punished by imprisonment for one to six
months or by a fine of PhP200 PhP500, or both, in the discretion
of the court.76
2.
Any person whose duty is to report any fact concerning the
civil status of persons and who knowingly fails to perform such
duty, and any person convicted of having violated any of the
provisions of Act 3753, shall be punished by a fine of PhP10 to
PhP200.77
3.
Any local civil registrar (now civil registrar) who fails
properly to perform his duties in accordance with the provisions of
this Act and of the regulation issued hereunder, shall be punished,
for the first offense, by an administrative fine in a sum equal to his
salary for not less than fifteen days nor more than three months,
and for a second or repeated offense, by removal from the
service.78
4.
Any municipal secretary or clerk of the Municipal Court of
Manila who issues a marriage license to a person entitled thereto
or fails to issue the same within twenty-four hours after the time
when, according to law, it was proper to issue the same, shall be
punished by imprisonment for not less than one month nor more
than two years, or by a fine of not less than two hundred pesos
nor more than two thousand pesos.79
5.
Any priest or minister solemnizing marriage without being
authorized by the Civil Registrar-General or who upon
solemnizing marriage refuses to exhibit his authorization in force
when called upon to do so by the parties or parents,
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76
77
78
79
Rule 63, A.O. No. 1, s. 1993, citing Article 42, Family Code.
Rule 69, A.O. No. 1, s. 1993.
Ibid.
Ibid.
Rule 70, A.O. No. 1, s. 1993.
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Ibid.
Ibid.
Ibid.
Ibid.
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DIVORCE DECREE
In cases of divorce and annulment of marriage, it shall be
the duty of the successful petitioner for divorce or annulment of
marriage to send a copy of the final decree of the court to that
local civil registrar of the municipality where the dissolved or
annulled marriage was solemnized.
In the marriage register there shall be entered (a) the full
name and address of each of the contracting parties, (b) their
ages, (c) the place and date of the solemnization of the marriage,
(d) the names and addresses of the witnesses, (e) the full name,
address, and relationship of the minor contracting party or parties
of the person or persons who gave their consent to the marriage,
and (f) the full name, title, and address of the person who
solemnized the marriage.
In cases of divorce or annulment of marriages, there shall
be recorded the names of the parties divorced or whose marriage
was annulled, the date of the decree of the court, and such other
details as the regulations to be issued may require.
The recognition of the foreign divorce decree may be made
84 Rule 71. Violation Of C.A. No. 625
85 Rule 72. Violation of the Family Code
86 SECTION 7, ACT NO. 375. Registration of marriages.
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PROBLEM AREAS
1.
Is there a need for a specific directive for the LCR to
cancel the marriage certificate in the decision nullifying a
marriage?
2.
Can the LCR register a decree nullifying a marriage when
the title of the case did not carry the III prefixed to the name of
one of the parties despite the fact that the names of the parties
were correctly indicated in the dispositive portion?
3.
What is the proper nomenclature of the court document
which would cause its registration, a certificate of finality or an
entry of judgment?
4.
Whether the divorce decree under Muslim Code (PD 1083)
granted to the spouses married under the civil law is valid.
87 Corpuz vs. Santo Tomas, G.R. No. 186571, August 11, 2010.
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