III. MARRIAGE C. REQUISITES OF MARRIAGE 2. FORMAL REQUIREMENTS AUTHORITY OF SOLEMNIZING OFFICER Art. 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 any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect; (3) Any ship captain or airplane chief only in the case mentioned in Article 31; (4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32; (5) Any consul-general, consul or viceconsul in the case provided in Article 10. (56a)

2. it must be head of crew not just any pilot 3. only to his passengers/crew members ⇒ MILITARY COMMANDERS 1. only at the point of death (articulo mortis) 2. within zones of military operations 3. anyone within his zone whether military or civilian ⇒ CONSULS-GENERAL, CONSULS, VICECONSULS 1. assigned in some foreign post 2. they are the ones in-charge because they take care of matters affecting Filipino citizens 3. ambassadors not allowed because they’re concerned with relationship bet. countries Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. (75a) ⇒ Consul is the solemnizing officer & local civil registrar at the same time ⇒ Contracting parties need not be permanent residents or immigrants. They can be there why your child’s in doubt. ⇒ Philippine laws apply thus must comply with FC requisites Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (74a) Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (74a) EFFECT OF ABSENCE OF AUTHORITY Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

⇒ PRIEST: one especially consecrated to
service of divinity & considered as a medium through whom worship, prayer, sacrifice & other services is to be offered to the being worshipped. (ex. Baal, Jehovah, Buddhist priest) MINISTER: all clergymen of any denomination and faith IMAM: Islam priest/minister

⇒ ⇒ RABBI: Jewish priest

⇒ REQUIREMENTS FOR PRIEST/MINISTER: 1. registered in the Office of the Civil Registrar 2. authorized in writing by his Church/sect to solemnize marriage 3. act within the limits of his authority 4. both/one of the parties to marriage must belong to his church or sect ⇒ SHIP CAPTAINS, AIRPLANE CHIEFS 1. only at the point of death (articulo mortis)

A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45. An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n) ⇒ ABSENCE: agreed to get married while under hypnotic spell; lack of consent; void from the start ⇒ DEFECT: gives consent freely & voluntarily but misled to believe something; voidable ⇒ Exception for solemnizing officer: even if unauthorized if parties or one of them believe in good faith that he had such authority, valid. ⇒ IRREGULARITY: not posting notice in place required by law, etc.; valid but subject to criminal/civil liabilities Art. 35. The following marriages shall be void from the beginning: (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; ⇒ Absence of a formal requisite Art. 3. The formal requisites of marriage are: (1) Authority of the solemnizing officer; ⇒ Essential to validity of marriage ⇒ Total absence renders marriage void ⇒ Civil Code removed exception on couples who believed in good faith that an officer is authorized to conduct marriage saying that good faith cannot confer power or validity to an officer or marriage. ⇒ But since there is no intention to defeat the purpose of law, then it should be valid. Family Code included the exception. And marriages held invalid by old law due to this exception can be validated since retroactivity will benefit them and it will serve the interest of public policy.

NAVARRO VS. DOMAGTOY Dapa, Surigao del Norte Municipal Mayor Rodolfo G. Navarro filed charges against Municipal Circuit Trial Court Judge Hernando Domagtoy for gross misconduct and inefficiency 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. He presumed that Tagadan’s first wife was already dead because Tagadan has not seen her for seven years. Presumption was made without the requisite summary proceeding. Second instance was when he performed marriage ceremony between Sumaylo & del Rosario in Dapa, which is outside his jurisdiction. ISSUE: WON judge acted with gross misconduct in these instances? HELD: Yes. Suspended for six months. RATIO: 1. First marriage is bigamous. Presumption of death for purposes of marriage needs a summary proceeding (Art. 41 FC). Affidavits saying that Tagadan’s wife has not been heard of for almost seven years are not sufficient proof. 2. Second marriage is beyond judge’s jurisdiction. Marriage can only be held outside a judge’s chamber or courtroom if: (a) at the point of death (b) in remote places (c) request of both parties in writing & sworn statement (Art. 8 FC). Sumaylo & del Rosario were not under any of these conditions. Only appellate and SC justices have jurisdiction over entire country. Judges with specific jurisdictions can only officiate within those areas. ARAÑES VS. OCCIANO Mercedita Arañes filed charges against Judge Salvador Occiano of the Municipal Circuit Trial Court of Batalan, Camarines Sur with Gross Ignorance of Law. Occiano solemnized Arañes’ marriage without the requisite marriage license in latter’s house which is outside judge’s jurisdiction. Arañes was not able to claim her right to inherit his deceased husband’s property and she was deprived of receiving her husband’s pension. Occiano avers that the ceremony took place in Arañes’ house because the groom had a difficulty walking & he couldn’t stand traveling. Judge was aware that there was no marriage license but due to the pleas of the couple and everything was prepared already

and the visitors were there, he agreed to solemnize the marriage. He reminded them that marriage won’t be valid without the license. They promised to give it within the day but they never did. Arañes desisted but Court still decided the case. ISSUE: WON the marriage is valid? HELD: No. Judge fined P5,000.00. RATIO: 1. Judges can only solemnize marriage within their territorial jurisdiction. (see Navarro v. Domagtoy #2) 2. Marriage license is a requisite for marriage and without it, marriage is void. It is the marriage license that gives the solemnizing officer the authority to solemnize a marriage. And since there was no license, Occiano didn’t have the authority to officiate the ceremony.

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