Attorneys of the Philippines Legal News

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Making it Official: Understanding the Legal Procedures for Getting Married in the Philippines

Marriage is an important event that marks the beginning of a new chapter in life for couples. In the Philippines, getting married is not just a religious or romantic ceremony but also a legal process that requires couples to follow certain procedures. Understanding these procedures is crucial to ensure that the marriage is legally valid and recognized by the government. In this blog, we will discuss the legal procedures for getting married in the Philippines, including obtaining a marriage license, the waiting period, the wedding ceremony, and the registration of the marriage.

Obtaining a marriage license

Before couples can tie the knot in the Philippines, they must first obtain a marriage license from the local civil registrar. The couple needs to appear in person and bring the following documents:

  • Original copies of their birth certificates
  • Valid identification cards
  • Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA) The couple should also be prepared to pay a fee for the marriage license.

The process of obtaining a marriage license involves filling out an application form, submitting the required documents, and attending a pre-marriage counseling or seminar. Once the application is processed, the couple will receive their marriage license, which is valid for 120 days.

Legal Age to Get Married in the Philippines

In the Philippines, the legal age to get married is 18 years old. This is in accordance with the Family Code of the Philippines, which states that a person must be of legal age to enter into a valid marriage.

However, there are some exceptions to this rule. The law allows individuals who are 18 years old but below 21 years old to get married with the consent of their parents or legal guardians. The consent must be given in writing and must be obtained prior to the marriage ceremony.

Meanwhile, individuals who are 21 years old and above do not need to seek the consent of their parents or legal guardians to get married. They are considered of legal age and can enter into a valid marriage without any restrictions.

It is important to note that getting married before reaching the legal age or without the proper consent can result in a voidable marriage. This means that the marriage can be annulled by either party, or by their legal representatives, within a certain period of time.

Furthermore, marrying a minor who is below 18 years old, even with the consent of their parents or legal guardians, is considered a criminal offense in the Philippines. The law prohibits child marriage and imposes penalties on those who violate the law.

Waiting period

After obtaining the marriage license, there is a mandatory 10-day waiting period before the wedding ceremony can take place. During this time, the local civil registrar will post a notice of the upcoming marriage in a public place, inviting anyone who has a legal objection to the union to come forward. The waiting period is meant to allow sufficient time for any objections to be raised and addressed.

Getting married

Once the 10-day waiting period has elapsed, the couple can schedule their wedding with the civil registrar or judge who will solemnize the marriage. The ceremony can take place in the civil registrar's office or in a location of the couple's choice, as long as it is within the jurisdiction of the registrar or judge. The couple needs to have two witnesses present during the ceremony who will also sign the marriage certificate.

Registering the marriage

After the wedding ceremony, the marriage certificate will be signed by the couple, witnesses, and the solemnizing officer. The couple must then register their marriage with the local civil registrar within 30 days from the date of the wedding ceremony. The couple should bring the original copy of the marriage certificate and pay the necessary registration fee. Failure to register the marriage within the required timeframe may result in penalties and difficulties in obtaining legal documents in the future.

Additional requirements and procedures for foreigners

If either of the couple is a foreigner, there may be additional requirements and procedures to follow. Foreigners need to obtain a Certificate of Legal Capacity to Contract Marriage from their respective embassies or consulates in the Philippines. They may also need to undergo additional steps, such as translation of documents or obtaining clearance from their home country's embassy.


Getting married is a significant event that requires careful planning and preparation. It is important for couples to understand the legal procedures for getting married in the Philippines to ensure that their marriage is legally valid and recognized by the government. By obtaining a marriage license, observing the waiting period, having a solemnizing officer, and registering the marriage, couples can make their union official and enjoy the rights and benefits of a legally recognized marriage. For foreigners, seeking legal advice or consulting with the Philippine embassy or consulate can help navigate the additional requirements and procedures.

Navigating the Process of Correcting Your PSA Birth Certificate While Living Outside the Philippines

Having accurate information on your birth certificate is crucial for a variety of purposes, such as getting a passport, enrolling in school, or applying for a job. However, if there are errors on your PSA birth certificate, correcting them can be a challenging and time-consuming process, especially if you are living outside the Philippines. In this guide, we'll walk you through the steps to correct your PSA birth certificate while living abroad.

Why Correcting Your PSA Birth Certificate is Important

Errors on your PSA birth certificate can cause problems down the line, such as delays in processing your documents or difficulties in proving your identity. It's important to have accurate information on your birth certificate, including your full name, birth date, and place of birth.

Common Types of Errors in PSA Birth Certificates

There are three common types of errors that are often encountered when correcting PSA birth certificates:

  • Supplemental Report: This type of correction is used when there is a missing or incomplete information on the original birth certificate. The requirements for this type of correction depend on the information that needs to be added or corrected.
  • Change of First Name: This type of correction is used when you want to change your first name, whether due to a misspelling, a preferred nickname, or a gender transition. The requirements for this type of correction include a judicial order or administrative petition.
  • Correction of Clerical Error: This type of correction is used when there is a clerical error, such as a misspelled name or a wrong birth date. The requirements for this type of correction depend on the specific error and may include supporting documents or affidavits.

Different Processes for Correcting PSA Birth Certificates

It's important to note that different registrars and consulates may recommend different correction processes, leading to conflicting advice. To ensure that you are following the correct process, it's essential to coordinate with various government agencies, especially if your birth was reported in the Philippines but you are filing in a consulate. For example, you may need to call the local civil registrar where your birth was reported to ensure that their requirements are met.

Additionally, some processes may take longer than others, depending on the consulate or embassy. Some Philippine consulates may wait for several petitions or requests to be pooled before sending them to Manila, leading to delays. One way to speed up the process is to pay for a private courier to send your documents from one country to another. However, be aware that collecting documents may require authentication by the DFA.

What Documents Are Required for Filing a Petition for Correction at the Consulate?

If you're filing a Petition for Correction at the consulate, you'll need to prepare and submit several important documents, including:

  1. Your PSA (formerly NSO) birth certificate: This serves as the primary document that needs correction, so make sure to secure an updated and authenticated copy from the PSA.

  2. Your Petition: This is a formal request for the correction of the error on your birth certificate. Be sure to provide accurate and complete information in your petition, as any errors or omissions can cause delays or even rejection of your application.

  3. Supporting documents: You need to provide at least two public or private documents that show the correct information, such as your baptismal certificate, school records, marriage certificate, government-issued IDs, bank documents, and land titles. It's best to provide more than the required documents, prioritize those from reputable institutions, and check with the PSA for their specific requirements.

  4. Additional requirements for Change of First Name: If you're changing your first name, you may need to provide more documentary proof, such as a certification from your employer, NBI, and PNP to prove that you have no pending cases against you. You'll also need to submit an Affidavit of Publication and a copy of the newspaper clipping.

  5. Authentication by the DFA: If you're submitting Philippine documents abroad, they likely need to be authenticated by the Department of Foreign Affairs (DFA) before being accepted by the consulate. This ensures that the documents are genuine and have legal effect in another country.

Note that there may be processing fees involved, which vary depending on the consulate and the services you need. Make sure to coordinate with the consulate and inquire about their payment options and procedures.

By preparing and submitting the required documents accurately and completely, you can increase your chances of having your Petition for Correction approved and ensuring that your birth certificate reflects accurate and updated information.

Steps to Correct Your PSA Birth Certificate from Abroad

Here are the steps to correct your PSA birth certificate from abroad:

  1. Gather Required Documents: Check with the Philippine Embassy or Consulate in your area for the list of required documents. These may include your original birth certificate, valid IDs, and supporting documents or affidavits.

  2. Contact the Philippine Embassy or Consulate: Make an appointment with the Philippine Embassy or Consulate and bring all the required documents with you. The staff will assist you in preparing your application and may advise you on the specific requirements for your case.

  3. Prepare Your Application: Fill out the application form and attach all the required documents. Double-check for accuracy and completeness.

  4. Submit Your Application and Pay the Fees: Submit your application and pay the corresponding fees. The staff will give you a receipt or tracking number that you can use to check the status of your application.

  5. Wait for the Confirmation and Delivery of Your Corrected Birth Certificate: The processing time may vary depending on the consulate or embassy. Once your application is approved, you will receive a confirmation and your corrected birth certificate will be delivered to you.

Tips for a Smooth PSA Birth

Correcting your PSA birth certificate while living outside the Philippines can be a complicated and lengthy process. Here are some tips to help you navigate the process more smoothly:

  • Coordinate with the right government agencies: Different government agencies may have different requirements and procedures for correcting PSA birth certificates. Make sure to contact the appropriate agencies and follow their instructions carefully.
  • Be patient: The processing time for correcting PSA birth certificates can take months or even years. Be prepared to wait and follow up with the appropriate agencies regularly.
  • Use a private courier: If possible, consider using a private courier to send your documents from one country to another. This can help speed up the process and ensure that your documents are delivered securely.
  • Double-check for accuracy and completeness: Make sure to carefully review all the required documents and information before submitting your application. Any errors or missing information can cause delays or even rejection of your application.


In conclusion, navigating the process of correcting your PSA Birth Certificate while living outside the Philippines can be tricky. However, with a bit of guidance and research, you can get through it relatively easily. By understanding all the necessary steps and requirements, collecting the documents needed in advance, applying for the correction through proper channels, and following up on your request regularly - you'll have your corrected birth certificate in no time.

So don't let the intimidating paperwork scare you away from achieving this important milestone – stay informed and take it step-by-step to make sure that this process goes as smoothly as possible!

Birth Certificate Clerical Errors: What Steps to Take?

The birth certificate is an official document issued in the Philippines and serves as a person's legal record of their date and place of birth. It is an important source of personal data, especially for government-related transactions such as voting, passport application, work permit application, and many more.

When mistakes are made on a birth certificate, it can have far-reaching consequences that can disrupt every aspect of a person's life. Clerical errors include misspelling names, incorrect or missing information about parent’s names and addresses, or wrong dates and places of birth. These errors can render the document invalid leaving people with difficulties to prove their true identity and often prevents them from continuing with certain processes like the ones mentioned above.

In this article, I will discuss different clerkship errors that can appear on birth documents, as well as what steps you should take to resolve them.

Clerical Errors

Clerical errors on a birth certificate can range from typographical mistakes to spelling errors to inaccurate other information. If a vital record is not accurate, it can lead to complications and problems down the road. Luckily, there are steps you can take to correct any clerical errors on your birth certificate. Let's take a look at some of the common birth certificate clerical errors.

Errors in First Name: If the first name that appears on your birth certificate is incorrect, it will need to be corrected. Depending on where you live, this process may vary. Generally speaking, you will need to gather documents and complete a few forms. Below are some errors in first name that can be corrected.

  1. Blurred
  2. Wrong Spelling
  3. No First Name
  4. First Name used is different from the first name entered in the birth certificate
  5. First name is "Baby boy", baby girl", "Baby", "Boy", and "Girl"

Errors in Last Name: You will need to seek a legal remedy if there is an error in your last name on the birth certificate. It is important to know that the correction process may require time and money, so it's best to start as soon as possible. Let's take a look at some last name errors that can be corrected.

  1. Blurred
  2. Wrong Spelling
  3. No Last Name
  4. Illegitimate Child

Errors in Middle Name: Errors in middle names are particularly common on birth certificates. In some cases, the incorrect name can actually last a lifetime if the mistake goes unnoticed. Fortunately, correcting clerical errors in middle names can be done. The list below are some of the errors in middle name that you can have corrected.

  1. Blurred
  2. Wrong Spelling
  3. No Middle Name
  • Different from the middle name entered in the birth certificate
  • Middle names of the child and the mother in the birth certificate are wrong
  • Interchanged middle and last name
  • Compound middle names like Dela Cruz, Quintos Deles, Villa Roman
  • Middle Initial is entered in the birth certificate instead of the full middle name

Who can File a Petition for Birth Certificate Clerical Errors?

Having a mistake on your birth certificate can have serious drawbacks and is not something that should be taken lightly. Fortunately, if you find yourself in this situation, there are steps you can take to get it corrected.

In order to file a petition for birth certificate typographical errors, you must be the person whose name appears on the birth certificate. If you are unable to deal with the situation independently, assistance can be sought from others. The following persons can file a petition for correction in your birth certificate.

  • Owner of the record
  • Owners spouse
  • Children
  • Parents
  • Biological Parents
  • Brothers
  • Sisters
  • Grandparents
  • Legal Guardian
  • Other person duly authorized by law or by the owner of the document sought to be corrected;
  • If owner of the record is a minor or physically or mentally incapacitated, petition may be filed by his spouse, or any of his children, parents, brothers; sisters; grandparents, guardians, or persons duly authorized by law.

Where Should you File your Birth Certificate Correction Request

  • If born in the Philippines

    • The petition shall be filed with the local civil registry office of the city or municipality where the birth is registered.
    • When the petitioner had already migrated to another place within the Philippines and it would not be practical for such party to appear in person with the civil registrar of the place of birth, the petition may be filed with the civil registry office where he/she is currently residing
  • If born abroad

    • If born abroad, with the Philippine Consulate where the birth was reported.

Important Documents to Collect When Addressing Clerical Mistakes on Your Birth Certificate

Here's a checklist of requirements that you must prepare when addressing typographic mistakes on your birth certificate.

  1. Certified machine copy of the birth record containing the entry to be corrected;
  2. Not less than two (2) private or public documents upon which the correction shall be based like baptismal certificate, voters affidavit, employment record, GSIS record or SSS record, medical record, business record, drivers license, insurance, land titles, certificate of land transfer, bank passbook, NBI clearance or Police clearance, civil registry records of ascendants;
  3. Notice/Certificate of Posting;
  4. Payment of one thousand Pesos (P1,000.00) as filing fee. For petitions filed abroad a fee of $50.00 or equivalent value in local currency shall be collected;
  5. Other documents which may be required by the concerned civil registrar.

Tips for a Smooth Correction Process

It is an oversight to think that a birth certificate is issued without suggesting any clerical errors. As such, mistakes can happen and when they do, it's important to know how to fix them. Here are three tips to help you through the correction process.

Verify information before submitting documents

It's essential that you double-check the information on your application before submitting any documents for corrections. Moreover, make sure you fill out the forms completely and accurately when requesting corrections from the issuing office.

Follow instructions carefully

Once you have submitted your documentation, ensure that you understand what action needs to take place next in order for corrections to be made successfully–and then follow every instruction carefully, including responding in a timely manner and obtaining or providing required documents or signatures as indicated by local officials or government agencies involved in the correction of entries.

Be patient and persistent

It is likely that fixing a birth certificate may require much paperwork and time–so focus on being patient and persistent throughout the process so that your efforts do not go unrecognized or overlooked by those working on your correction file at the office. Additionally, try following up with the local civil registry office each week after submitting corrected documents as doing so will help remind them of your commitment to correcting clerical errors as quickly as possible

Final Thoughts

In conclusion, clerical errors on birth certificates, whether its a minor error or substantial errors, can be a stressful and complex issue to navigate. But if you stay organized and follow the necessary steps, your chances of getting them fixed is much better. Be sure to fill out forms correctly, keep copies of documents, and contact the right people who are in charge of making changes. With a little patience and work, you should be able to get your birth certificate corrected soon. Wishing you the best with all your records-related needs!

Correcting Wrong Entries In Birth Certificates

Your birth certificate is an essential document you present as proof of identity. Whether it is about misspelled name, incorrect gender or wrong birth date, you need to correct these errors. These errors can be corrected without going to court. This is prescribed by Republic Act No. 10172. 


Rule 1.  Authority to Correct Clerical or Typographical Error

The duly appointed C/MCR in accordance with the provisions of the existing laws, including the Consul General, are hereby authorized to correct clerical or typographical errors in the day and month (date of birth) or sex of a person in the civil register for birth.    

Rule 2.  Definition of Terms

As used in these rules, the following terms shall mean:

2.1.  Clerical or typographical error - Refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register on the entry of day and month in the date of birth or the sex of the person, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, that no correction must involve the change of nationality, age (refers to the correction on the year of birth), or legitimacy status of the petitioner/document owner.

2.2. Sex – Refers to the biological and physiological characteristics that define men and women.

2.3. Day and Month of Birth – Refers to the entry in the month and/or day of birth of the petitioner/document owner which is sought to be corrected. 

2.4. Accredited Government Physician – Refers to a licensed doctor of medicine who is registered with the Professional Regulations Commission (PRC) and is  employed in any government hospitals, health institutions, or public health offices.

2.5. Medical Certification – Refers to the certification issued by the accredited government physician attesting to the fact that the petitioner/document owner has not undergone sex change or sex transplant.

Rule 3. Who may file the petition.

3.1. For correction of entry on the day and/or month in the date of birth:

Any person of legal age, having direct and personal interest in the correction of a clerical or typographical error in the day and/or month in the date of birth of a person in the civil register for birth, may file the petition.

A person is considered to have direct and personal interest when he is the owner of the record, or the owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected; Provided; however, that when a person is a minor or physically or mentally incapacitated, the petition may be filed on his/her behalf by his/her spouse, or any of his/her children, parents, brothers; sisters; grandparents, guardians, or persons duly authorized by law.

3.2. For correction of a clerical or typographical error in sex 

The petitioner affected by such error shall personally file the petition with the civil registry office where the birth certificate is registered.

Rule 4.  Where to file the petition

4.1. For correction of clerical and typographical error in the entry of the day and/or month in the date of birth.

The verified petition may be filed with the C/MCR of the city or municipality or the Philippine Consulate, as the case may be, where the birth record containing the day and/or month in the date of birth to be corrected is registered. 

When the petitioner has migrated to another place within the Philippines and it is not practical for such party, in terms of transportation expenses, time and effort to appear before the C/MCR of the place of birth, the petition may be filed with the C/MCR of the place where the petitioner is residing or domiciled. 

Any person whose birth record was reported abroad and presently residing in the Philippines, the petition may be filed with the C/MCR of the place of residence following the procedures of migrant petition.

Any person whose birth record was registered in the Philippines, or in any Philippine Consulate, but who is presently residing or domiciled in a foreign country, may file the petition with the nearest Philippine Consulate.

4.2. For correction of clerical and typographical error in the entry of sex

The verified petition shall be filed, in person, with the C/MCR of the city or municipality or the Philippine Consulate, as the case may be, where the record containing the entry of sex in the birth certificate to be corrected is registered.

Rule 5.  Processing of the petition

Insofar as applicable, Rule 5 of Administrative Order No. 1, Series of 2001, shall be observed. 

Rule 6.  Form and content of the petition

Insofar as applicable, Rule 8 of Administrative Order No. 1, Series of 2001 shall be observed. In addition, as supporting documents to the petition, the following shall be submitted:

6.1. Earliest school record or earliest school documents;

6.2. Medical records;

6.3. Baptismal certificate and other documents issued by religious authorities;

6.4. A clearance or a certification that the owner of the document has no pending administrative, civil or criminal case, or no criminal record, which shall be obtained from the following:

6.4.1. Employer, if employed;

6.4.2. National Bureau of Investigation; and

6.4.3. Philippine National Police. 

6.5. The petition for the correction of sex and day and/or month in the date of birth shall include the affidavit of publication from the publisher and a copy of the newspaper clipping; and

6.6. In case of correction of sex, the petition shall be supported with a medical certification issued by an accredited government physician that the petitioner has not undergone sex change or sex transplant.

What Are The Rights Of An Illegitimate Child?

Being a parent is a huge responsibility, but parental responsibilities can be stressful if you are a single parent. You need to fulfil the roles of a mother and a father and make sure that your child’s basic needs are met. Child custody and support may be one of the intense issues for couples who choose to go on separate ways. If fighting for the custody of the child is burdensome to separated couples, just imagine the ordeal of single parents. What exactly are the rights of a child of an unwed mother? As stipulated in Republic Act No. 9225, children conceived or born outside a valid marriage still has the right to establish filiation and their rights as to their inheritance and surname. For the illegitimate children to establish relationship with their biological parent, they need to have the same evidence as the legitimate children.

Proving filiation of legitimate and illegitimate children:

•    Record of birth, which appears in the civil register or a final judgment;

•    Legitimate filiation admission in a public document or any private handwritten instrument, which is signed by the parent concerned.

If the evidence cannot be presented, filiation can be proved by:

•    The continuous and open possession of the status of a legitimate child; or

•    Other means approved by the Rules of Court and special laws.

Laws supporting the right of illegitimate children are also outlined in Republic Act No. 386:


Recognition of Natural Children

Article 276. A natural child may be recognized by the father and mother jointly, or by only one of them. (129)

Article 277. In case the recognition is made by only one of the parents, it shall be presumed that the child is natural, if the parent recognizing it had legal capacity to contract marriage at the time of the conception. (130)

Article 278. Recognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing. (131a)

Article 279. A minor who may not contract marriage without parental consent cannot acknowledge a natural child, unless the parent or guardian approves the acknowledgment or unless the recognition is made in a will. (n)

Article 280. When the father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he or she state any circumstance whereby the other parent may be identified. (132a)

Article 281. A child who is of age cannot be recognized without his consent.
When the recognition of a minor does not take place in a record of birth or in a will, judicial approval shall be necessary.
A minor can in any case impugn the recognition within four years following the attainment of his majority. (133a)

Article 282. A recognized natural child has the right:

(1) To bear the surname of the parent recognizing him;

(2) To receive support from such parent, in conformity with article 291;

(3) To receive, in a proper case, the hereditary portion which is determined in this Code. (134)

Article 283. In any of the following cases, the father is obliged to recognize the child as his natural child:

(1) In cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception;

(2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family;

(3) When the child was conceived during the time when the mother cohabited with the supposed father;

(4) When the child has in his favor any evidence or proof that the defendant is his father. (n)

Article 284. The mother is obliged to recognize her natural child:

(1) In any of the cases referred to in the preceding article, as between the child and the mother;

(2) When the birth and the identity of the child are clearly proved. (136a)

Article 285. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases:

(1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority;

(2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child.

In this case, the action must be commenced within four years from the finding of the document. (137a)

Article 286. The recognition made in favor of a child who does not possess all the conditions stated in article 269, or in which the requirements of the law have not been fulfilled, may be impugned by those who are prejudiced by such recognition. (137)


Other Illegitimate Children

Article 287. Illegitimate children other than natural in accordance with article 269 and other than natural children by legal fiction are entitled to support and such successional rights as are granted in this Code. (n)

Article 288. Minor children mentioned in the preceding article are under the parental authority of the mother. (n)

Article 289. Investigation of the paternity or maternity of children mentioned in the two preceding articles is permitted under the circumstances specified in articles 283 and 284. (n)"

Fake Annulment In The Philippines

Since divorce is not yet legalized in the Philippines, annulment is the only option for couples who want to go separate ways. However, annulment is a long, tedious and expensive process. This is why there are couples who choose to stay married even when they are no longer living under one roof. However, some anomalies have recently surfaced revealing bogus court decisions. The Philippine Statistics Authority (PSA) considered this issue a cause for alarm.

The PSA is responsible for changing the status of the petitioner once a court decision has been made. Once the civil registry files have been updated, an annotated marriage certificate will be issued and the details of the proceedings can be found on the right-hand side of the document. The annotated marriage certificate is used for processing various documents including a fiancée visa or a passport.

Among 100 documents that have been verified, only five of them are considered correct. Aurelia Alido, a registration officer of PSA court urges the courts to ensure that all decisions are authentic. It should bear the civil case number and registered in court dockets. The judge should be the one to issue the decision according to Alido. If the annotated marriage certificate does not have the judge’s signature, it only means that the case does not exist. When applying for a fiancée visa, the embassies also verify the applications with the PSA and the process involves checking the civil registry documents’ transaction code.

There are also cases when marriage certificates are being pulled out from civil registry files as though marriage never happened. Fixers continue to prey on potential victims who want to end an unsuccessful marriage. Since everything has gone digital, the files have already been stored in a database and deleting or pulling out marriage certificates is not going to nullify marriages.

People who are found guilty of faking court documents violate Article 171 and 172  of the Revised Penal Code:

Art. 171. Falsification by public officer, employee or notary or ecclesiastical minister. – The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:

4.  Making untruthful statements in narration of facts;

Art. 172. Falsification by private individual and use of falsified documents. – The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon:

1.      Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and

2.      Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article.

Strange Laws You Never Knew Existed: Part 11 Of 15 Observing 301-Day Rule Before Marrying Again

Marriage is more than just a contract as it also involves fulfilling the promise to stand by each other through thick or thin. However, there are situations which are beyond the married couples' control and one of which is death. The vows can be broken because of death. Widows have to undergo grieving process before gaining full acceptance of the loss. 

It can take years before a woman can be on the road to recovery. This is where remarrying another person comes in. Unfortunately, if a woman decides to remarry, there are still some rules to follow based on Article 351 of Republic Act 3815. 

“Any widow who shall marry within three hundred and one day from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, shall be punished by arresto mayor and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation.”

The reason for the implementation of this law is to “prevent confusion as to the paternity and filiation of the child,” but due to the advancements in technology, paternity testing is considered unnecessary as DNA test serves as a strong proof. 

A bill that repeals premature marriages has already been approved without further amendments by the committee on woman, family, relations and gender equality. The bill is already up for plenary deliberations. According to Senator Nancy Binay, who proposed the bill, the law is considered antiquated and an instrument to discriminating women. She added that there were series of proposals that aim to amend the anti-women provision specified in the Revised Penal Code, but none of them had been enacted into law. 

When Do Aliases Violate The Law?

Pseudonyms or also referred to as aliases can be a form of violation of Philippine law when a person uses it with malicious intent such as intentionally concealing your true name. Many officials have been indicted for various criminal charges and when brought to court, these aliases serve as a ticking time bomb. While the accused party is subject to a series of scrutiny, examining evidences as though prosecutors are peering at a specimen under a microscope, makes aliases visible to their keen eyes.

Bank accounts that have been kept in the dark, safe from the eyes of the Philippine justice are discovered in the process of presenting relevant evidences which can either acquit or convict a defendant in a criminal court. When do aliases become a clear violation of the law? According to Anti-Money Laundering Act (AMLA), which took effect in 2001, the use of fictitious bank accounts have been banned by Bangko Central's Circular No. 251.The Circular does not allow banks to open accounts using a fictitious name. Aside from opening a bank account using a different name, there are other instances that violate the Commonwealth Act No. 142 and other relevant laws on using aliases. 

The Commonwealth Act No. 142 (An Act To Regulate The Use Of Aliases), prohibits the use of aliases except for the following conditions:

  • The alias is used for literary, cinema, television or other entertainment purposes;
  • The alias is used solely for those purposes;
  • The use of alias is based on normally accepted practice.

For instance, if an actor uses an alias or pseudonym for cinema, he is not allowed to use the screen name for other purposes. If the actor is going to run for public office, the use of screen name is prohibited unless a competent court approves it. 

The law's main objective is to put a lid on Chinese's common practice of using aliases, which brings confusion especially in the business field. However, the use of alias is allowed when the name has been recorded in civil register and authorized by proper judicial proceedings. 

Under C.A. 142, the use of fictitious or different name that belongs to another person in a single instance  without consent or authorization will not be automatically penalized. 

Some of the relevant laws on aliases are the Civil Code of the Philippines (RA No. 386), the Tax Reform Act of 1997, Presidential Decree No. 1829, the Philippine Immigration Act of 1940, the Revised Penal Code (Act of 3815) and the Anti-Money Laundering Act of 2002. 

The law on the use of alias has a broad scope and the factors that deemed as a normally accepted practiced may not fall within the law's prohibition.