Q. Dear Atty. Rogelio “Rogie” Wong. I just wish to get your opinion if any of the following below are grounds to void a marriage. Irregular information found in the marriage certificate is as follows:
1. Date of marriage was wrong. What was written was 2 weeks later that the actual date of ceremony.
2. Time of marriage is empty.
3. Solemnizing officer who signed the marriage contract not only was a different person but also not present during the ceremony. Let say the original solemnizing officer was Mayor Pedro who was the municipal mayor of the city but the marriage certificate was signed by Mr. Pablo and his title was also written as municipal mayor in the marriage contract.
Basically we, both parties signed the marriage in front of Mayor Pedro but Mr. Pablo whom I never seen, and never meet in my entire life signed as the solemnizing officer and as municipal mayor.
4. At the back portion of the marriage which is the “Oath of the Solemnizing officer” were all empty and no signature at all. All 4 irregularities were found in the marriage contract.
I did some research on Formal requisites of marriage which states that:
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.
Does this mean that above irregularity #3 just that alone can be deemed that marriage was void?
Another thing that I just recently found out that the actual person/solemnizing officer “The Mayor Pedro” who conducted the ceremony was not even the effective mayor at that moment when the wedding ceremony took place. Say like the marriage was conducted Jan 28 of 2005 but the actual Solemnizing officer who pretended as a Mayor was sworn to office as Mayor on February 1 of 2005.
Would this mean that Mayor Pedro was not even authorized to conduct a wedding ceremony at the date of marriage? And arranged Mr. Pablo, whom I never meet but who is legal to conduct a marriage to sign our marriage contract?
We are leaving far apart from each other for more than 8 years and just recently communicated for mutual agreement to file a divorce. but before getting into a divorce,
1. Was that marriage INVALID or VOID in the first place?
2. If it is VOID, how can I have it void, how long will it take to void a marriage and how much financial involvement?
3. Would it be faster and cost effective to just file a divorce case?
I hope you can provide me with legal input so I can understand my legal stand point before starting a divorce process. Salamat Po. TRS.
ANS: Dear Ms. TRS, the main issue of this marriage vis-à-vis the facts you have presented is one that is tainted with irregularity in the formal requisites of marriage under Art. 4 of the Family Code, more particularly, the authority of the solemnizing officer who conducted the wedding ceremony.
Under the law, irregularities in the formalities of marriage, more particularly, the issue of authority of the solemnizing officer, does not make the marriage invalid ipso facto . (Art.4).
As a general rule under Article 35 the marriage shall be void from the beginning if the solemnizing officer has no authority to do and perform such act, and this fact is known to one or both of the contracting parties.
However, where one or both of the contacting parties believed in good faith at the time of the wedding ceremony that the person solemnizing the marriage has the authority to do so, pursuant to Art.35(2) of the Family Code, then the marriage is still valid . And the party who is responsible for the irregularity shall be civilly, criminally and administratively liable thereto.
It should be noted that mere defects in the formal and essential requisites of marriage does not make it void. As such the marriage under could only be voidable. Meaning valid until annulled.
What makes the marriage void on the ground of formal and essential requisites is the absence of any of the formal and essential requisites of marriage as provided for in the Family Code.
Notwithstanding, and where evidence warrants, as for instance as in the case of Mr. Pablo, who officiated the wedding and had no authority to do whatsoever, the marriage could be void and not just voidable, as in this case, there is a clear absence of the formal requisites and not just a defect. “if a person seeks to impugn the validity of a marriage on the ground that the person who solemnized it was not really authorized, such lack of authority must the proved by the person petitioning.” ( De Cardenas v. Cardenas, et al. L-8218,Dec.15,1955, cited in Civil Code of the Philippines, annotated Vol. 1, by Edgardo Paras, 1994 Edition, page.354).
Moreover, there should be a clear distinction between a void and voidable marriages as the remedies appropriate thereto are different. Such that an action for annulment of marriage is applicable only to voidable marriage, whereas an action for declaration of nullity of marriage is applicable only to void marriages.
You mentioned about divorce in contrast to the declaration of nullity of your marriage and/or its annulment , as your remedy. Divorce, could be more practical , expeditious , less expensive, and legally viable, provided that you are now a Canadian citizen . Otherwise this remedy is not proper for you.
As you claimed that you have been separated from your husband for the past eight (8) years, such a de-facto separation constitute a ground for divorce, assuming again that you are already a Canadian Citizen, this remedy could be for you .
Once you get your divorce, your next step is to file a petition for the recognition of foreign judgment in the Family Court of the Philippines, asking the court to recognize the Divorce judgment from other jurisdiction and thereafter to order the Civil Registrar of the Philippines, to declare your marriage in the Philippines, as extinguished by virtue of the Divorce decree or Judgment in the country of your nationality.
With the foregoing, this corner looks forward that your queries are addressed accordingly.
Thank your for writing and best regards.
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