Dear PAO,

Three years ago, we availed of a full package civil wedding which includes a wedding officiant provided by the coordinator. The coordinator informed us that our wedding officiant is a certain judge whom she personally knows. However, I have recently discovered that a different person officiated our marriage despite the fact that the name and signature of the supposed judge appears on our marriage certificate. Is our marriage null and void?

Francisco

Dear Francisco,

No, your marriage is not necessarily void. It may fall under the exception provided under Article 35(2) of the Family Code.

Marriage is defined under Article 1 of the same Code as a special contract of permanent union. Consequently, marriage is deemed valid as long as all the essential and formal requisites are fulfilled.

One of the formal requisites for a valid marriage enumerated in Article 3 of the Family Code is the legal authority of the solemnizing officer. However, its Article 4 states that:

“The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

Article 35 (2) of the Family Code provides as a general rule that marriages solemnized by any person not legally authorized to perform marriages are void from the beginning. However, the same provision states that as an exception, marriages solemnized by a person who is not authorized by law to perform marriages are valid provided either or both of the parties believed in good faith that the solemnizing officer had the legal authority to do so. The authority of the officer or clergyman shown to have performed a marriage ceremony will be presumed in the absence of any showing to the contrary. (Alcantara vs. Alcantara, G.R. No. 167746, August 28, 2007, Ponente: Associate Justice Minita Chico-Nazario).

In Maliwat-Melad vs. Reyes Melad and Republic of the Philippines, G.R. No. 267998, April 23, 2025, Ponente: Associate Justice Mario V. Lopez, the Supreme Court held that the good faith of the parties in believing that the person was a Judge rendered the marriage valid pursuant to Article 35 (2) of the New Civil Code.

Therefore, your marriage would still be valid if you and your wife believed at the time of your wedding ceremony that the person officiating your marriage had the legal authority to solemnize your marriage. Your narration of facts established that both you and your spouse had no personal knowledge that the person who officiated your wedding is not the supposed judge that the wedding coordinator has stated. This absence of fault on your end and belief in good faith that the wedding officiant has the authority to solemnize your marriage brings your situation under the ambit of the exception provided in Article 35 (2) of the Family Code.

We hope that we were able to answer your query. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]