Article 7 of the FAMILY CODE

Question 1

What is Article 7 of the FAMILY CODE?

Answer 1

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 him 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 cases 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; or
5. Any consul-general, consul, or vice-consul in the case provided in Article 10

Question 2

Can a judge from MAKATI solemnize a wedding in MANDALUYONG?

Answer 2

NO.

JUDGES can only solemnize within jurisdiction

If Makati judge solemnizes a marriage in Mandaluyong, it is VOID!

• Unless couple thought it was allowed in good faith

_{<strong><strong>**Collection of fee is immoral</strong></strong>}

Question 3

What are the requirements of a PRIEST, RABBI, IMAM, MINISTER OF CHURCH from a religious sect to be able to SOLEMNIZE a marriage?

Answer 3

MUST be consecrated to the service of a divinity; considered medium of worship

Requirements to be able to solemnize a marriage:

1. Duly authorized by his or her church
2. Act within limits of written authority granted
3. Registered with civil registrar general
4. One of the parties belongs to such religion

Question 4

When can a SHIP CAPTAIN AND AIRPLANE CHIEF solemnize a wedding?

Answer 4

For ship captain to authorize,

• Marriage must be in articulo mortis
• Marriage between passengers or crew members
• Ship must be at sea or plane in flight

*if captain dies, assistant pilot CANNOT assume solemnization because no law states so.

Question 5

What are the REQUIREMENTS for a Military Commander to SOLEMNIZE a Marriage?

Answer 5

1. Commander of a unit
2. Commissioned officer
3. Chaplain assigned to each unit and such chaplain is absent at time of marriage
4. Articulo mortis
5. Parties must be within zone of military operation

*2nd lieutenant, ensign and above

*UNIT – battalion under present table of org and not a mere company; parties don’t have to belong to commander’s unit

*military operation = no civil authorities around

Question 6

When can the CONSUL-GENERAL, CONSUL, VICE CONSUL solemnize a Marriage?

Answer 6

CONSUL-GENERAL, CONSUL, VICE CONSUL.

Only these people are authorized. Consul agents ARE NOT

*can only solemnize abroad if parties are BOTH Filipino

if otherwise, VOID

if host country accepts such then OK!!!

*no authority WITHIN the actual PHILIPPINES

*follow Philippine laws

Question 7

Can the MAYOR of a Municipality solemnize a Marriage?

Answer 7

YES.

• The MAYOR is now empowered due to Local Gov’t Code. If absent, vice-mayor or highest sangguniang bayan.
• Except for power of employee management w/c only possible if mayor is absent for more than 30 days
• If couple marries and believes IN GOOD FAITH that authority was allowed to solemnize them then the marriage is valid even if authority seems to be false.

Took effect JANUARY 1, 1992