REpUBLIC OF THE PHILIPPINES

PHILIPPINE STATISTICS AUTHORITY

PSA-ONS-15-340

;MEMORANDUM CIRCULAR 2015-17

TO ALL SHARI' A CLERK OF COURT/CIRCUIT REGISTRAR/CITY/MUNICIPAL CIVIL REGISTRARS (C/MCRs)

SUBJECT: Memorandum Circular Amending MC 2015-02datedFebruary 5, 2015 (Marriages Solemnized Under Civil Codeor Family Code and Dissolved Through Divorce AfterConversion to Islam by One of the Spouses)

This Memorandum Circular amends MC 2015-02 dated February 5, 2015 forpurposes of annotation of Divorce Order/Decree on the Certificate of Marriage.

Article 178 of P.D. 1083 reads:

Effect of conversion to Islam on marriage - The conversion ofnon-Muslim spouses to Islam shall have the legal effect of ratifyingtheir marriage as if the same had been performed in accordance withthe provision of this Code or Muslim law, provided that there is nolegal impediment to the marriage under Muslim law.

Thus, the above-cited provision will apply in the following cases:

1. Non-Muslim spouses who were married under civil law but both convertedto Islam; and

2. A Muslim and a non-Muslim who were married under civil law, but later thenon-Muslim spouse converted to Islam religion.

The following documents shall be submitted for annotation on the certificate ofmarriage:

A. Certified true copy of:

1. Certificate of Conversion to Islam of the spouse/s;

3rd Floor, CVEA Bldg., Philippine Statistics Authority, East Avenue, Quezon City 1101P.O. Box 779, Manila, Philippines. Telephone: (632) 462-6600 loco 805/822

2. Affidavit of Muslim spouses that their marriage was ratified under Islamreligion;

3. Decision of Recognition of Divorce by the Shari'a Court;4. Certificate of Finality of Recognition of Divorce;5. Certificate of Divorce;6. Unannotated and annotated Marriage Certificate; and

B. Original copy of:

1. Certificate of Registration executed by the concerned Clerk of Court/CircuitRegistrar; and

2. Certificate of Authenticity executed by the concerned Clerk of Court/CircuitRegistrar.

The annotation on the Certificate of Marriage shall be as follows:

Pursuant to the Recognition of Divorce Decree dated (date ofdecision) rendered by (name of the Judge) of the (name of court), themarriage between (name of the spouses) is hereby declared asdissolved/divorced.

In case both parties are non-Muslims and only one of them converted toIslam, Article 13, par. 2 of P.D. 1083 will apply, viz:

Article 13. Application ...

(2) In case of marriage between a Muslim and a non-Muslim,solemnized not in accordance with Muslim law or this Code, the CivilCode of the Philippines shall apply.

In this case, no annotation shall be done on the Certificate of Marriage.

For your guidance .

. ~~~.~LlSA GRACE S. BERSALES, Ph.D.National Statistician and Civil Registrar General

October 9,2015

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