Dear PAO,

I have an estranged husband. A common friend of ours told me that he remarried again. I also discovered that the one who solemnized his second marriage was our pastor. That same pastor knew his prior marriage to me because he solemnized our marriage, but he still solemnized my husband’s second marriage to a different woman. Is there a liability for solemnizing an illegal marriage ceremony?

Amanda

Dear Amanda,

Please be informed of Article 352 of the Revised Penal Code (RPC), which states that:

“Article 352. Performance of illegal marriage ceremony. – Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law.”

Relatedly, in the case of Rene Ronulo vs. People of the Philippines, GR 182438, July 2, 2014, the Supreme Court, through Associate Justice Arturo Brion, held that:

“Article 352 of the RPC, 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. In the present case, the petitioner admitted that he has authority to solemnize a marriage. Hence, the only issue to be resolved is whether the alleged “blessing” by the petitioner is tantamount to the performance of an “illegal marriage ceremony” which is punishable under Article 352 of the RPC, as amended.”

As provided by the RPC, priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law. The above case law also mentioned the elements of the crime under Article 352, which are as follows:

(1) authority of the solemnizing officer; and

(2) his performance of an illegal marriage ceremony.

In your given situation, the aforesaid pastor may be held liable for the performance of an illegal marriage ceremony under Article 352 of the RPC, if it is proven that the pastor has authority to solemnize a marriage and he performed an illegal marriage ceremony between your estranged husband and another woman.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

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]