A.

Non-registration of the Judicial Decree of Separation of Property

1) What is the effect of the judicial decree of dissolution of conjugal

partnership?

Under Art. 138,1 after dissolution of the conjugal partnership, the provisions on
complete separation of property shall apply.

2) What are the applicable articles for the dissolution of conjugal

partnership regime?

Art. 76, in relation to Arts. 136, 137, 138, 139 and Art. 77.2

3) What is the effect of non-compliance with Art. 139 of the Family Code
(i.e. non-registration of the judicial decree of separation of
properties)?

Under Art. 77 of the Family Code, marriage settlements and any modifications
thereof shall be in writing and they shall not prejudice third persons unless they
are registered in the local civil registry.3

Hence, non-registration means that it cannot affect third persons.

4) Can it still be registered?

Yes.

But it is considered as “Delayed Registration” under Rule 12 in connection with

Title Seven, Rule 50 of the Implementing Rules and Regulations (IRR) of Act No.
3753 and Other Laws on Civil Registration.4

Rule 12. Delayed Registration. - A report of vital event made

beyond the reglementary period is considered delayed.

xxx

Title Seven - REGISTRATION OF COURT DECREE/ORDER

1 The Family Code of the Philippines [FAMILY CODE], E.O. No. 209, Art. 138 (1987).
2 FAMILY CODE, arts. 76-77, 136-139.
3 Alicia V. Sempio-Diy, Handbook on the Family Code of the Philippines 139 (2013 ed.).
4 Administrative Order No. 1, series of 1993.
 Rule 50. In case of a court decree/order concerning the
status of a person, it shall be the duty of the clerk of court
to advise the successful petitioner to have the decree/order
registered in the civil registrar's office where the court is
functioning, within ten (10) days after the decree/ order has
become final.

For it to be registered, it must comply with the Rules5 and payment of applicable fees
provided therein.6

Procedure:
1) Application for Delayed Registration
2) Posting of Notice to the Public
3) Evaluation of Documents/Investigation by the Civil Registrar
4) Recording of the Delayed Registration
5) Civil Registrar files a complaint before the Prosecutor’s office for the delayed
registration.
Note: This may be the payment of fees under Section 17, R.A.37537 for violating
the timely registration of court order/judicial decree.

5 Rule 13. Posting of the Pending Application. - (1) A notice to the public on the pending application for delayed
registration shall be posted in the bulletin board of the city/municipality for a period of not less than ten (10) days. (47a)

(2) If after ten (10) days, no one opposes the registration, the civil registrar shall evaluate the veracity of the statements
made in the required documents submitted.

(3) If after proper evaluation of all documents presented and investigation of the allegations contained therein, the civil
registrar is convinced that the event really occurred within the jurisdiction of the civil registry office, and finding out that
said event was not registered, he shall register the delayed report thereof.

(4) The Civil Registrar, in all cases of delayed registration of birth, death and marriage, shall conduct an investigation
whenever an opposition is filed against its registration by taking the testimonies of the parties concerned and witnesses
in the form of questions and answers. After investigation, the civil registrar shall forward his findings and
recommendations to the Office of the Civil Registrar-General for appropriate action.

(5) The Civil Registrar-General may, after review and proper evaluation, deny or authorize the registration.

Rule 14. Recording of Delayed Registration. - In every case of delayed registration of birth, death, marriage and other
registrable documents, the entry in the civil registry book and the registry number transcribed on the certificate of vital
event shall be in red ink. The remarks "Delayed Registration" shall be written on the upper right hand margin of the
certificate and the "Remarks" portion of the registry book.

Rule 15. Duty to File a Complaint with the Prosecutor's Office. - In every case of delayed registration, the civil registrar
shall file a complaint with the city provincial prosecutor's office for appropriate action under section 17 of Act No. 3753.
The action filed in court by the prosecutor against the party for failure to register shall not suspend or stop the
registration, neither should it be a ground for refusal by the civil registrar to register the delayed report of birth, death or
marriage or any registrable document.

6 Id., Rules 12-15.

7 Law on Registry of Civil Status, Act No. 3753, Sec.17 (1930).