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Wednesday, April 24, 2024

Yap moves to raise validity of authorization to solemnize marriage from 3 to 5 years

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Rep. Eric Go Yap of ACT-CIS Party-list has filed a bill seeking to increase the validity of the authorization to solemnize marriage of priests, ministers, or rabbis from three to five years.

House Bill No. 9897 also aims to amend Republic Act No. 6514, otherwise known as “An Act for the Authorization to Solemnize Marriage Issued to Priests, or Ministers or Rabbis shall be valid for a period of Three Years, the same to Expire in the Thirty-First Day of December of Every Third Year, Amending for the Purpose Article 95 of the Civil Code of the Philippines and For Other Purposes.”

Yap’s bill further seeks to require priests, ministers, or rabbis to undergo annual seminars throughout the duration of their authorization to solemnize marriage.

Article 7 (2) of the Family Code of the Philippines states that any priest, rabbi, imam, or minister “of any church or religious sect duly authorized by his church or religious sect and duly registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect," may solemnize marriage.

Yap said that under his proposed bill, Section 1 of Republic Act No. 6514 would be amended to read as follows:

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“Section 1. Article 95 of Republic Act Numbered Three Hundred and eighty-six is hereby amended to read as follows:

"Art 95. The public official in charge of registration of priests, ministers or rabbis with the approval of the proper head of department, is hereby authorized to prepare the necessary forms and to promulgate rules and regulations for the purpose of enforcing the provisions of this Title: provided, that the authorization to solemnize marriages shall be valid for a period of FIVE years, shall expire on the thirty-first day of December of every FIFTH year, and shall be renewable within the said month of December: provided, further, that the authorizations to solemnize marriage issued prior to and valid on the date of the approval of this amendatory Act shall continue to be valid until the thirty-first day of December of the year when this amendatory Act takes effect. Any regulation to the contrary notwithstanding: provided, finally, that the words "my authority to solemnize marriage expires on December 31, 20.." shall be indicated in all marriage contracts just below the title of the person so authorized to solemnize marriages,” Yap said.

Priests or ministers, or rabbis belonging to one diocese religious order or congregation, or sect, may apply for authorization, through their bishop, head of religious order or congregation chief of ministers, or duly authorized representative.

The public official who is in charge of registration may also, by regulation, fix and collect fees for the authorization to solemnize marriage.

In case any provision or any part thereof is declared unconstitutional, the other provisions not so declared and affected shall remain in force and in effect.

Any law, presidential decree or issuance, executive order, letter of instruction, rule, or regulation inconsistent or contrary to the provisions of this Act is hereby repealed or modified accordingly, Yap added.

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