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Marriage- Requisites - Essential and Formal

Marriage- Requisites - Essential and Formal

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Published by: Sui on Aug 10, 2008
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12/04/2012

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III. MARRIAGEC. REQUISITES OF MARRIAGE2. FORMAL REQUIREMENTSAUTHORITY OF SOLEMNIZING OFFICERArt. 7.
Marriage may be solemnized by:(1) Any
incumbent member of the judiciary
within the court's jurisdiction;(2) Any priest, rabbi, imam, or minister of anychurch or religious sect duly
authorized byhis church or religious sect andregistered with the civil registrargeneral
, acting within the limits of thewritten authority granted by his church orreligious sect and provided that
at least oneof the contracting parties belongs to thesolemnizing officer's church or religioussect
;(3) Any
ship captain or airplane chief 
onlyin the case mentioned in Article 31;(4) Any
military commander
of a unit towhich a
chaplain
is assigned, in the absenceof the latter, during a
military operation
,likewise only in the cases mentioned inArticle 32;(5) Any
consul-general, consul or vice-consul
in the case provided in Article 10.(56a)
PRIEST:
one especially consecrated toservice of divinity & considered as amedium through whom worship, prayer,sacrifice & other services is to be offeredto the being worshipped. (ex. Baal, Jehovah, Buddhist priest)
MINISTER:
all clergymen of anydenomination and faith
IMAM:
Islam priest/minister
RABBI:
Jewish priest
REQUIREMENTS FORPRIEST/MINISTER:
1.registered in the Office of the CivilRegistrar2.authorized in writing by hisChurch/sect to solemnize marriage3.act within the limits of his authority4.both/one of the parties to marriagemust belong to his church or sect
SHIP CAPTAINS, AIRPLANE CHIEFS
1.only at the point of death (articulomortis)2.it must be head of crew not just anypilot3.only to his passengers/crew members
MILITARY COMMANDERS
1.only at the point of death (articulomortis)2.within zones of military operations3.anyone within his zone whethermilitary or civilian
CONSULS-GENERAL, CONSULS, VICE-CONSULS
1.assigned in some foreign post2.they are the ones in-charge becausethey take care of matters affectingFilipino citizens3.ambassadors not allowed becausethey’re concerned with relationshipbet. countries
Art. 10.
Marriages between
Filipinocitizens abroad
may be solemnized by aconsul-general, consul or vice-consul of theRepublic of the Philippines. The issuance of the marriage license and the duties of the
local civil registrar and of thesolemnizing officer
with regard to thecelebration of marriage shall be performedby said consular official. (75a)
Consul is the solemnizing officer & localcivil registrar at the same time
Contracting parties need not bepermanent residents or immigrants. Theycan be there why your child’s in doubt.
Philippine laws apply thus must complywith FC requisites
Art. 31.
A marriage
in articulo mortisbetween passengers or crew members
may also be solemnized by a
ship captainor by an airplane pilot
not only while theship is
at sea
or the plane is
in flight
, butalso during
stopovers
at ports of call. (74a)
Art. 32.
A
military commander of a unit
,who is a commissioned officer, shall likewisehave authority to solemnize marriages in
articulo mortis
 
between persons withinthe zone of military operation, whethermembers of the armed forces orcivilians
. (74a)
EFFECT OF ABSENCE OF AUTHORITY Art. 4.
The
absence
of any of the essentialor formal requisites shall render the marriage
void ab initio
, except as stated in Article 35(2).
 
A
defect
in any of the essential requisitesshall render the marriage
voidable
asprovided in Article 45.An irregularity in the formal requisites shall
not affect the validity
of the marriage butthe party or parties responsible for theirregularity shall be
civilly, criminally andadministratively liable.
(n)
ABSENCE:
agreed to get married whileunder hypnotic spell; lack of consent; voidfrom the start
DEFECT:
gives consent freely &voluntarily but misled to believesomething; voidable
Exception for solemnizing officer: even if unauthorized if parties or one of thembelieve in good faith that he had suchauthority, valid.
IRREGULARITY:
not posting notice inplace required by law, etc.; valid butsubject to criminal/civil liabilities
Art. 35.
The following marriages shall be
void from the beginning
:(2) Those solemnized by any person
notlegally authorized to perform marriages
unless such marriages were contracted witheither or both parties
believing in goodfaith
that the solemnizing officer had thelegal authority to do so;
Absence of a formal requisite
Art. 3.
The
formal requisites
of marriageare:(1) Authority of the solemnizing officer;
Essential to validity of marriage
 Total absence renders marriage void
Civil Code removed exception on coupleswho believed in good faith that an officeris authorized to conduct marriage sayingthat good faith cannot confer power orvalidity to an officer or marriage.
But since there is no intention to defeatthe purpose of law, then it should bevalid. Family Code included the exception.And marriages held invalid by old law dueto this exception can be validated sinceretroactivity will benefit them and it willserve the interest of public policy.
NAVARRO VS. DOMAGTOY 
Dapa, Surigao del Norte Municipal MayorRodolfo G. Navarro filed charges againstMunicipal Circuit Trial Court Judge HernandoDomagtoy for gross misconduct andinefficiency in office and ignorance of the law.He solemnized the wedding of Tagadan &Borga despite knowing that Tagadan (groom)was merely separated from his wife. Hepresumed that Tagadan’s first wife wasalready dead because Tagadan has not seenher for seven years. Presumption was madewithout the requisite summary proceeding.Second instance was when he performedmarriage ceremony between Sumaylo & delRosario in Dapa, which is outside his jurisdiction.
ISSUE:
WON judge acted with grossmisconduct in these instances?
HELD:
 Yes. Suspended for six months.
RATIO:
1. First marriage is bigamous. Presumptionof death for purposes of marriage needs asummary proceeding (Art. 41 FC).Affidavits saying that Tagadan’s wife hasnot been heard of for almost seven yearsare not sufficient proof.2. Second marriage is beyond judge’s jurisdiction. Marriage can only be heldoutside a judge’s chamber or courtroomif: (a) at the point of death (b) in remoteplaces (c) request of both parties inwriting & sworn statement (Art. 8 FC).Sumaylo & del Rosario were not underany of these conditions. Only appellateand SC justices have jurisdiction overentire country. Judges with specific jurisdictions can only officiate withinthose areas.
ARAÑES VS. OCCIANO
Mercedita Arañes filed charges against JudgeSalvador Occiano of the Municipal Circuit TrialCourt of Batalan, Camarines Sur with GrossIgnorance of Law. Occiano solemnizedAresmarriage without the requisitemarriage license in latter’s house which isoutside judge’s jurisdiction. Arañes was notable to claim her right to inherit his deceasedhusband’s property and she was deprived of receiving her husband’s pension. Occianoavers that the ceremony took place inAreshouse because the groom had adifficulty walking & he couldn’t standtraveling. Judge was aware that there was nomarriage license but due to the pleas of thecouple and everything was prepared already

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