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Act No. 3412 Section 2

Act No. 3412 Section 2

Section 2

SEC. 2. Section five of General Orders, Numbered Sixty-eight, is hereby amended to read as follows: "SEC. V. Marriage may be solemnized by a judge of any court inferior to the Supreme Court, justice of the peace, or priest or minister of the gospel of any denomination or religion, provided the latter are duly registered in the Philippine Library and Museum, as provided in this section. Every priest or minister of the gospel authorized by his church, sect, or religion to solemnize marriage shall send to the Philippine Library and Museum, together with a copy of his appointment or authorization, a sworn statement setting forth his full name and domicile, and that he is authorized by his church, sect, or religion to solemnize marriage. The Director of the Philippine Library and Museum, upon receiving such sworn statement containing the information required, and after satisfying himself that the church, sect, or religion of the applicant operates in the Philippine Islands and is in good repute, shall record the name of such priest or minister in a suitable register and issue to him a certificate of registration which such priest or minister shall be obliged to exhibit to contracting parties demanding the same or to their parents, grandparents, guardians, or persons in charge. No priest or minister not registered as hereinbefore provided may solemnize marriage. "Except when either of the contracting parties is at the point of death, no marriage shall be solemnized in the Philippine Islands without a license first being issued by the municipal secretary of the municipality where the woman has her habitual residence, or by the clerk of the municipal court in the City of Manila. Said officials shall issue the proper license if each of the contracting parties swears separately to an application in writing setting forth that such party has the necessary qualifications for contracting marriage in conformity with this Act. Such application shall in so far as possible contain the following data: "1. Full name of the contracting party ................................ "2. Place of birth .............................................................. "3. Age ...........; date of birth ........................................... "4. Single, widow or widower, or divorced? .................. "5. If divorced, how and when the previous marriage was dissolved ............................................................................... "6. Present residence ...................................................... "7. Degree of relationship of contracting parties ............ "8. Full name and birthplace of father ............................. "9. Residence and occupation of father ........................... "10. Full name and birthplace of mother ......................... "11. Residence of mother ............................................... "12. Full name and residence of guardian or person having charge (if the contracting party has neither father nor mother and is under the age of twenty years if a male or eighteen years if a female) .................................................. "The municipal secretary or clerk of the municipal court of the City of Manila, as the case may be, upon receiving such application, shall require the exhibition of the original baptismal or birth certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. If either of the contracting parties is unable to produce his baptismal or birth certificate or a certified copy of either because of the destruction or loss of the original, such party may furnish in lieu thereof an instrument drawn up before a justice of the peace or notary public and containing the sworn declaration of two witnesses of lawful age, of either sex, setting forth the full name, profession, and residence of such contracting party and of his or her parents, if known, and the place and date of birth of such party. The parents or nearest of kin of the contracting parties shall be preferred as witnesses, and in their default persons well known in the province or the locality for their honesty and good repute. "The municipal secretary or clerk of the municipal court of Manila, as the case may be, shall post during ten days in a conspicuous place in the building where he has his office, a notice setting forth the full names and domiciles of the applicants for marriage licenses, their respective ages, and the names of their parents if living or of their guardians if otherwise. At the expiration of this term, a license shall issue: Provided, however, That in case any such applicant states in writing and under oath that the rules and practices of the church, sect, or religion under which such applicant desires to contract marriage require banns or publications prior to the solemnization of the marriage, it shall not be necessary for the municipal secretary to make the publication required in this paragraph, and in this case the license shall issue immediately after the filing of the application and shall state the church, sect, or religion in which the marriage is to be solemnized. "A license shall not issue if the male is less than twenty years or the female less than eighteen years of age, unless the father or in his default the mother, guardian, or person having charge of the infant consents thereto in writing, or if the applicants are related to each other within the degrees specified in section two of this General Order. In case the father, mother, guardian, or person having charge of the infant does not appear to give such consent, the municipal secretary or clerk of the municipal court of Manila shall accept a certificate of consent signed before two witnesses by such father or mother, guardian, or person having charge of the infant and acknowledged under oath before an officer authorized to administer oaths. "Said form shall be more or less as follows: "THE GOVERNMENT OF THE PHILIPPINE ISLANDS "PROVINCE OF ............................................................... "MUNICIPALITY OF .................................................... "TO ANY PERSON AUTHORIZED TO SOLEMNIZE MARRIAGE: "You are hereby authorized to solemnize the marriage of ................................... and ................................. in accordance with the rites and ceremonies of your church, sect, or religion and the laws of the Philippine Islands. "Herewith are copies of the applications of the contracting parties and of the consent of the ................................... of ................................... and of the ..................................... of ............................ . " ................................................, ................................................, 19 ........ . " ................................................................................................ " " Municipal Secretary (or Clerk of the Municipal Court of Manila) "The municipal secretary or clerk of the municipal court of Manila, as the case may be, shall charge two pesos for each license so issued and the fee so collected shall accrue to the school funds of the municipality concerned. The license shall be good for no more than sixty days from the date on which issued and shall be deemed cancelled at the expiration of said period if the interested parties have not made use of it. "Any priest or minister solemnizing marriage without being registered in the Philippine Library and Museum or who, upon solemnizing marriage, refuses to exhibit his registration certificate when called upon to do so by the parties or parents, grandparents, guardians, or persons having charge; and any officer, priest, or minister solemnizing marriage in violation of the provisions of this section; and any municipal secretary or clerk of court unlawfully issuing a marriage license or maliciously refusing to issue a license to persons entitled thereto, shall be punished by imprisonment for not less than six months nor more than five years or a fine of not less than two hundred pesos nor more than five thousand. "Any municipal secretary or clerk of the municipal court in of Manila who directly or indirectly attempts to influence any contracting party to marry or refrain from marrying in any church, sect, or religion, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by imprisonment for not more than four months and a fine of not more than four hundred pesos."

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Other provisions in Act No. 3412

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of July 4, 2026

CitationAct No. 3412 Section 2 (LawPlayer, data as of July 4, 2026)

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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