Judges urged to check background of couples before solemnizing marriage

With the “marriage scam” controversy brewing heavily, Regional Trial Court Executive Judge Fortunato de Gracia has called on his fellow judges to exercise utmost discretion in checking the background of the couples whose marriage they will solemnize.

De Gracia said that because the Family Code allows the couple to present an affidavit of five-year cohabitation instead of a marriage license from the Office of the Civil Registrar, it is better if the judge would also seek for further proof of such cohabitation.

De Gracia said he has made it a policy that before he solemnizes a marriage, he would request the couple to present a birth certificate of their children to show that they have indeed lived together as husband and wife for the past five years. This also holds true with RTC Judge Gabriel Ingles who has implemented the policy in his own court.

However, if the couple has not sired children, Ingles said he would request for a certificate from the barangay captain that would attest to the couple’s cohabitation.

In line with this, De Gracia also agrees with the sentiment of the Integrated Bar of the Philippines-Cebu City Chapter president Briccio Joseph Boholst that it is about time to restudy the Family Code.

“It is too brief…it lacks expansion,” De Gracia said.

Boholst had said the Supreme Court may need to look into the provision of the code that exempts the requirement of a marriage license for a civil wedding - something that many seemed to have abused in having their marriage solemnized by the court.

Normally, a couple needs to acquire a marriage license from the Office of the Civil Registrar to prove that both the man and woman are legally qualified to get married. Among the documents required during application include a birth certificate to prove that the person applying is of legal age to marry. In the case of foreigners, a certificate of legal capacity to marry should be obtained from their respective embassies.

Under the law, the civil registrar can issue a marriage license 10 days after application and only when a marriage license is present can the court solemnize a marriage.

A memorandum, De Gracia issued earlier, now requires marriage applicants to personally file their applications with the Office of the Clerk of Court at the Palace of Justice. This, he said, would eliminate possibilities of couples seeking the assistance of so-called “fixers”.

He also ordered the Clerk of Court to take charge of all applications for civil marriage and see to it that all documents are complete. The Clerk of Court has also been directed to issue a corresponding receipt to the P300 filing fee to prevent the possibility of overcharging and for each marriage to be issued a corresponding control number. 

Investigation of the Supreme Court on the “marriage scam” has resulted to the preventive suspension of four judges of the Municipal Trial Court in Cities and the filing of administrative charges against them. – Joeberth M. Ocao/MEEV