There are some practices of the Indigenous Peoples (IPs) of the Philippines which could be considered sophisticated in comparison to that of the practices and concerns of first world countries such as the United States. One of these practices is the consideration and acceptance of legal separation between married couples due to some unavoidable situations such as insanity on the part of a partner. The annulment of marriage among IPs is not only easy to perform upon accepted reasons, but also quite cheap.

Annulment of a marriage solemnized under Administrative Order No. 1 (AO1) is so expensive that couples who are no longer compatible with each other could not easily separate ways. However, annulment of marriages among the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) is much easier if only this information were disseminated to them. If the ICCs/IPs were informed about the ICCs/IPs Civil Registration System, they would have enjoyed their rights and privileges as IPs. Indigenous Peoples can be married in accordance to customary laws, rites, traditions and practices which is recognized by the Philippine Government as valid. This is under Administrative Order No. 3 (AO3), Series of 2004; culled from Rule VI, Section 8 of Republic Act 8371 (Indigenous Peoples Rights Act of 1997) where it is stated that marriages among ICCs/IPs shall be reported by the person authorized to solemnize marriage within thirty (30) days after the date of marriage.

The person authorized to solemnize marriage here refers to community elders, tribal leaders or authorities of traditional socio-political structures certified by the National Commission on Indigenous Peoples (NCIP). In other words, the persons authorized to perform such responsibility are individuals who are duly acclaimed and respected in the tribal communities and registered in accordance with the guidelines of the Office of the Civil Registrar General (OCRG) on Solemnizing Officers. They perform and solemnize marriages in accordance with the customs, traditions and practices of their community.

The registration of the marriage shall be at the City/Municipal Registrar's Office where the marriage should be performed. The City/Municipal Civil Registrar shall indicate on the remarks portion of the Certificate of Marriage (Municipal Form 97, Revised January1993) that the marriage was solemnized in accordance with ICCs/IPs customary laws of either party.

Annulment of marriages among IPs is less expensive because as stipulated in AO3, Series of 2004, IPs can annul marriages if the matrimony was performed in accordance with customary laws and practices.

Dissolution of marriages among IPs refers to the termination of marriage as declared in a ruling or decision of the council of elders or other tribunal/body authorized under the indigenous political structure of the ICC/IP - for causes sanctioned by established customary law or practice after exhausting all possible means of reconciliation between the couple. This is much cheaper compared to annulment of marriages under the Civil Registry Law. Annulment in this case, would have to undergo court proceedings. We all know how expensive court proceedings can be.

The annulment or dissolution of marriages of IPs shall be registered at the City/Municipal Civil Registry Office upon the issuance of a certification from the NCIP Provincial Office that the marriage was celebrated in accordance with customary laws and practices - and that the parties are members of a particular ICC or indigenous group. It should also be stipulated that the marriage dissolution was made in accordance with the customary laws and practices of the ICC/IP group concerned. The testimonies of community elders, solemnizing officers or authorities of traditional socio-political structures of specific ICC/IP group will serve as admissible evidences of the marriage dissolution. Such certifications/testimonies shall constitute the Certificate of Dissolution of Marriage (IP Form No.4).

Five copies of the Certificate of Dissolution of Marriage shall be submitted by the interested party within thirty days (30 days) after the date of the dissolution of marriage. The copies shall be submitted to the City/Municipal Civil Registrar (C/MCR) for registration in the city or municipality where the marriage was dissolved. For the purposes of this rule, the interested party may either be the husband, the wife or the immediate relatives.

After registration, the C/MCR shall then distribute the five copies of the Certificate of Dissolution of Marriage as follows: first copy to the husband, second copy to the wife, the third copy shall be given to the Civil Registrar General, the fourth copy will serve as a file copy and the fifth copy will be given to the NCIP.

The C/MCR of the city or municipality where the marriage was dissolved shall record the Certificate of Dissolution of Marriage for members of ICCs/IPs and shall forward a copy for proper annotation to the C/MCR where the marriage was registered.

If we compare the annulment of marriage between marriages performed under the Civil Registry Law or Act 3753 and the Administrative Order No. 3, S. 2004, the marriage conducted under AO 3 is less expensive. IPs need not hire lawyers who charge exorbitant professional fees. The IPs only concern is to feed the community leaders who will facilitate the dissolution of their marriage but this will not entail a huge amount of money, particularly in comparison to paying lawyers.

This is one of the benefits and privileges of Indigenous Peoples if only they were aware of it. The Indigenous Peoples Rights Act or the Republic Act 8371 took effect on December 1997.However, only few of the IPs were able to take advantage of this because information was not properly disseminated to them, and thus, many are not aware of this law.

So I challenge everyone, especially those concerned, to disseminate proper information and bestow these rights to our IP brothers and sisters - especially those in the hinterlands.

June 7, 2007

By: Vicky P. Pitlongay

Posted with permission from www.birthregistration.org.ph