A Decree Requiring Applicant For Marriage License To Receive Instructions On Family Planning And Responsible Parenthood

Case Overview and Summary

Summary of Presidential Decree No. 965

Establishment of Office of Family Planning
- An Office of Family Planning shall be created in every city and municipality, headed by the city or municipal health officer. (Section 1)
- The office shall be assisted by the city or rural health nurse, members of the city or rural health unit, personnel from government agencies involved in the family planning program, and accredited private entities or individuals engaged in family planning activities. (Section 1)

Duties of the Office of Family Planning
- The Office of Family Planning shall give instructions and information on family planning and responsible parenthood to applicants for marriage license and other interested persons, in the form of personal instruction and/or handbook, pamphlets or brochures. (Section 2)
- The instructions and information shall be consistent with the policies of the Commission on Population. (Section 2)

Requirement for Marriage License
- Applicants for marriage license shall receive instructions and information on family planning and responsible parenthood from the Family Planning Office, either through personal instruction or brochures, pamphlets, or handbooks. (Section 3)
- No marriage license shall be issued by the Local Civil Registrar unless the applicants present a certificate from the Office of Family Planning stating that they have received the required instructions and information. (Section 3)
- If the instructions and information are not given within the required period for issuance of the marriage license, the Office of Family Planning shall issue a certification to the Civil Registrar, who shall withhold the issuance of the marriage license for two weeks to allow the applicants to receive the instructions and information. (Section 3)
- After the two-week period, if no instructions have been given, the Civil Registrar may issue the marriage license. (Section 3)

Assistance and Implementation
- Agencies of the National Government charged with the implementation of the Family Planning program shall render assistance to the family planning offices. (Section 4)
- The Commission on Population shall issue rules and regulations to implement the provisions of this Decree. (Section 6)

Penalties
- Any member of the Office of Family Planning who fails or refuses without just cause to give the instructions and certificate shall be subject to appropriate administrative or criminal charges. (Section 5)
- Any local Civil Registrar who issues the marriage license without the requisite certification from the Office of Family Planning shall be subject to appropriate administrative or criminal charges. (Section 5)
- Any person who obtains the certificate fraudulently shall be subject to appropriate administrative or criminal charges. (Section 5)

Repeal and Effectivity
- All laws and ordinances inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. (Section 7)
- This Decree shall take effect immediately. (Section 8)