September 17, 2024 | 6:56pm
MANILA, Philippines — Marriages solemnized by dismissed Bamban, Tarlac mayor Alice Guo will remain valid, legal agencies of the government said.
In an ambush interview with Justice Undersecretary Nicholas Ty on Tuesday, September 17, he said that marriages officiated by Guo are still valid, citing the doctrine of operative fact.
The doctrine of operative fact means that even if a law is declared invalid, the effects it had while it was in force still remain.
In a message to Philstar.com, Solicitor General Menardo Guevarra said he agrees with the Justice department’s view that marriages solemnized by Guo will remain valid, despite her holding the mayoral position unlawfully.
Guevarra also emphasized that only a court can make a final determination of a marriage’s validity if it is challenged.
Under the Family Code, one of the requisites for a valid marriage is the authority of the solemnizing officer.
If the authority is lacking, as noted in Article 4 of the Family Code, the marriage could be rendered void.
However, its validity can only be determined by a court.
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
Guo has been dismissed by the Office of the Ombudsman due to her alleged involvement in unlawful activities related to Philippine offshore gaming operators.
A quo warranto petition challenging the validity of her mayoralty has been filed in a Manila court.
If successful, this petition could prevent her from holding any future government positions.
Who can solemnize marriages
Marriages can be solemnized not only by priests or religious leaders but also by qualified government officials.
As the former mayor of Bamban, Tarlac, Guo had the authority to officiate marriages.
This power is vested in mayors and vice mayors, including those acting as mayors, by the Local Government Code, which stipulates that they have the authority to solemnize marriages within their jurisdictions.
According to Section 7 of the Family Code, the following individuals are authorized to solemnize marriages:
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 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 the case 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;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10.
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