25/09/2024
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๐๐จ๐ง๐๐ข๐ฅ๐๐ง๐ฌ ๐ข๐ ๐ง๐๐ ๐ฆ๐ข๐๐๐ ๐ก๐๐ญ๐๐ก๐ ๐ข๐๐๐๐๐๐ฅ
Article 7 of the Family Code provides that the Marriage may be solemnized by:
(๐ญ) ๐๐ป๐ ๐ถ๐ป๐ฐ๐๐บ๐ฏ๐ฒ๐ป๐ ๐บ๐ฒ๐บ๐ฏ๐ฒ๐ฟ ๐ผ๐ณ ๐๐ต๐ฒ ๐ท๐๐ฑ๐ถ๐ฐ๐ถ๐ฎ๐ฟ๐ ๐๐ถ๐๐ต๐ถ๐ป ๐๐ต๐ฒ ๐ฐ๐ผ๐๐ฟ๐โ๐ ๐ท๐๐ฟ๐ถ๐๐ฑ๐ถ๐ฐ๐๐ถ๐ผ๐ป;
The Justices of the Supreme Court, the Court of Appeals, the Sandiganbayan can solemnize marriages all over the Philippines because their jurisdiction covers the whole country, regardless of the venue, as long as the requisites of the Family Code are complied with.
The Judge of the Regional Trial Court and Municipal or Metropolitan Trial Court judges can only solemnize marriages within their territorial jurisdiction.
In the case of Navarro vs. Dumagtoy, the court ruled that โwhere a judge solemnizes a marriage outside his courtโs jurisdiction, there is a resultant irregularity in the formal requisite laid down in Article 3, which while it may not affect the validity of the marriage, may subject the officiating official to administrative liability.โ
The reason that, such solemnization is only a formal requisite. A defect in a formal requisite of marriage does not go into the validity of the marriage. But it affects the three-fold responsibility of the solemnizing officer, like criminal, civil and administrative responsibility.
Moreover, article 7 par. 1 of the Family Code emphasized that judges, must be incumbent and not retired judges.
(๐ฎ) ๐๐ป๐ ๐ฝ๐ฟ๐ถ๐ฒ๐๐, ๐ฟ๐ฎ๐ฏ๐ฏ๐ถ, ๐ถ๐บ๐ฎ๐บ, ๐ผ๐ฟ ๐บ๐ถ๐ป๐ถ๐๐๐ฒ๐ฟ ๐ผ๐ณ ๐ฎ๐ป๐ ๐ฐ๐ต๐๐ฟ๐ฐ๐ต ๐ผ๐ฟ ๐ฟ๐ฒ๐น๐ถ๐ด๐ถ๐ผ๐๐ ๐๐ฒ๐ฐ๐ ๐ฑ๐๐น๐ ๐ฎ๐๐๐ต๐ผ๐ฟ๐ถ๐๐ฒ๐ฑ ๐ฏ๐ ๐ต๐ถ๐ ๐ฐ๐ต๐๐ฟ๐ฐ๐ต ๐ผ๐ฟ ๐ฟ๐ฒ๐น๐ถ๐ด๐ถ๐ผ๐๐ ๐๐ฒ๐ฐ๐ ๐ฎ๐ป๐ฑ ๐ฟ๐ฒ๐ด๐ถ๐๐๐ฒ๐ฟ๐ฒ๐ฑ ๐๐ถ๐๐ต ๐๐ต๐ฒ ๐ฐ๐ถ๐๐ถ๐น ๐ฟ๐ฒ๐ด๐ถ๐๐๐ฟ๐ฎ๐ฟ ๐ด๐ฒ๐ป๐ฒ๐ฟ๐ฎ๐น, ๐ฎ๐ฐ๐๐ถ๐ป๐ด ๐๐ถ๐๐ต๐ถ๐ป ๐๐ต๐ฒ ๐น๐ถ๐บ๐ถ๐๐ ๐ผ๐ณ ๐๐ต๐ฒ ๐๐ฟ๐ถ๐๐๐ฒ๐ป ๐ฎ๐๐๐ต๐ผ๐ฟ๐ถ๐๐ ๐ด๐ฟ๐ฎ๐ป๐๐ฒ๐ฑ ๐ต๐ถ๐บ ๐ฏ๐ ๐ต๐ถ๐ ๐ฐ๐ต๐๐ฟ๐ฐ๐ต ๐ผ๐ฟ ๐ฟ๐ฒ๐น๐ถ๐ด๐ถ๐ผ๐๐ ๐๐ฒ๐ฐ๐ ๐ฎ๐ป๐ฑ ๐ฝ๐ฟ๐ผ๐๐ถ๐ฑ๐ฒ๐ฑ ๐๐ต๐ฎ๐ ๐ฎ๐ ๐น๐ฒ๐ฎ๐๐ ๐ผ๐ป๐ฒ ๐ผ๐ณ ๐๐ต๐ฒ ๐ฐ๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐๐ถ๐ป๐ด ๐ฝ๐ฎ๐ฟ๐๐ถ๐ฒ๐ ๐ฏ๐ฒ๐น๐ผ๐ป๐ด๐ ๐๐ผ ๐๐ต๐ฒ ๐๐ผ๐น๐ฒ๐บ๐ป๐ถ๐๐ถ๐ป๐ด ๐ผ๐ณ๐ณ๐ถ๐ฐ๐ฒ๐ฟโ๐ ๐ฐ๐ต๐๐ฟ๐ฐ๐ต ๐ผ๐ฟ ๐ฟ๐ฒ๐น๐ถ๐ด๐ถ๐ผ๐๐ ๐๐ฒ๐ฐ๐;
A priest who is commissioned and allowed by his local ordinance to marry the faithful is authorized to do so only within the area or diocese or place allowed by his Bishop.
Marriages solemnized by the priest who does not have the authority is considered void, except when the parties or one of the parties believed in good faith that the priest had the authority to solemnize their marriage. Belief in good faith makes the marriage valid.
(๐ฏ) ๐๐ป๐ ๐๐ต๐ถ๐ฝ ๐ฐ๐ฎ๐ฝ๐๐ฎ๐ถ๐ป ๐ผ๐ฟ ๐ฎ๐ถ๐ฟ๐ฝ๐น๐ฎ๐ป๐ฒ ๐ฐ๐ต๐ถ๐ฒ๐ณ ๐ผ๐ป๐น๐ ๐ถ๐ป ๐๐ต๐ฒ ๐ฐ๐ฎ๐๐ฒ๐ ๐ผ๐ณ ๐บ๐ฎ๐ฟ๐ฟ๐ถ๐ฎ๐ด๐ฒ ๐ถ๐ป ๐ฎ๐ฟ๐๐ถ๐ฐ๐๐น๐ผ ๐บ๐ผ๐ฟ๐๐ถ๐ ๐ผ๐ฟ ๐ฎ๐ ๐๐ต๐ฒ ๐ฝ๐ผ๐ถ๐ป๐ ๐ผ๐ณ ๐ฑ๐ฒ๐ฎ๐๐ต;
A marriage in articulo mortis or at the point of death 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
The ship captain or the airplane chief is authorized to solemnize and marry only the passengers and crew members.
(๐ฐ) ๐๐ป๐ ๐บ๐ถ๐น๐ถ๐๐ฎ๐ฟ๐ ๐ฐ๐ผ๐บ๐บ๐ฎ๐ป๐ฑ๐ฒ๐ฟ ๐ผ๐ณ ๐ฎ ๐๐ป๐ถ๐ ๐๐ผ ๐๐ต๐ถ๐ฐ๐ต ๐ฎ ๐ฐ๐ต๐ฎ๐ฝ๐น๐ฎ๐ถ๐ป ๐ถ๐ ๐ฎ๐๐๐ถ๐ด๐ป๐ฒ๐ฑ, ๐ถ๐ป ๐๐ต๐ฒ ๐ฎ๐ฏ๐๐ฒ๐ป๐ฐ๐ฒ ๐ผ๐ณ ๐๐ต๐ฒ ๐น๐ฎ๐๐๐ฒ๐ฟ, ๐ฑ๐๐ฟ๐ถ๐ป๐ด ๐ฎ ๐บ๐ถ๐น๐ถ๐๐ฎ๐ฟ๐ ๐ผ๐ฝ๐ฒ๐ฟ๐ฎ๐๐ถ๐ผ๐ป, ๐น๐ถ๐ธ๐ฒ๐๐ถ๐๐ฒ ๐ผ๐ป๐น๐ ๐ถ๐ป ๐๐ต๐ฒ ๐ฐ๐ฎ๐๐ฒ๐ ๐บ๐ฎ๐ฟ๐ฟ๐ถ๐ฎ๐ด๐ฒ ๐ถ๐ป ๐ฎ๐ฟ๐๐ถ๐ฐ๐๐น๐ผ ๐บ๐ผ๐ฟ๐๐ถ๐ ๐ผ๐ฟ ๐ฎ๐ ๐๐ต๐ฒ ๐ฝ๐ผ๐ถ๐ป๐ ๐ผ๐ณ ๐ฑ๐ฒ๐ฎ๐๐ต; ๐ผ๐ฟ
A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis or at the point of death between persons within the zone of military operation, whether members of the armed forces or civilians.
(๐ฑ) ๐๐ป๐ ๐ฐ๐ผ๐ป๐๐๐น-๐ด๐ฒ๐ป๐ฒ๐ฟ๐ฎ๐น, ๐ฐ๐ผ๐ป๐๐๐น ๐ผ๐ฟ ๐๐ถ๐ฐ๐ฒ-๐ฐ๐ผ๐ป๐๐๐น ๐ถ๐ป ๐ฐ๐ฎ๐๐ฒ๐ ๐ผ๐ณ ๐บ๐ฎ๐ฟ๐ฟ๐ถ๐ฎ๐ด๐ฒ ๐ฏ๐ฒ๐๐๐ฒ๐ฒ๐ป ๐๐ถ๐น๐ถ๐ฝ๐ถ๐ป๐ผ ๐ฐ๐ถ๐๐ถ๐๐ฒ๐ป๐ ๐ฎ๐ฏ๐ฟ๐ผ๐ฎ๐ฑ.
Marriage 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.
Article 7 par. 5 of Family code clearly refers to marriages โabroad.โ Thus, a consul-general, consul, and vice-consul have no authority to solemnize a marriage within the territory of the Philippines.
๐๐ป ๐ฎ๐ฑ๐ฑ๐ถ๐๐ถ๐ผ๐ป, R.A. 7160 otherwise known as the Local Government Code of the Philippines provides that the City or Municipal Mayors is authorized to solemnize but within their area of jurisdiction.
Ambassadors and Governors cannot solemnize marriages anymore. They are excluded by the law (What the law does not include, it excludes).
๐๐ป๐ฑ ๐ณ๐ถ๐ป๐ฎ๐น๐น๐, the solemnizing officer may be held criminally liable under Article 352 of the Revised Penal Code, as amended, penalizes an authorized solemnizing officer who shall perform or authorize any illegal marriage ceremony. The elements of this crime are as follows: (1) Authority of the solemnizing officer; and (2) his performance of an illegal marriage ceremony.
