2020-21 The Law Pertaining to Private, Personal, and Commercial Relations, Q4

Two college sweethearts were married inside a Roman Catholic church in the Philippines with a Supreme Court Justice serving as solemnizing officer. A few years following the ceremony, one of the two filed an action for the declaration of nullity of marriage on the ground that the marriage was void ab initio because it was solemnized inside a Roman Catholic church by a Supreme Court Justice, and not by a Roman Catholic priest. Is the position legally tenable? Explain briefly.

Quick check

Under Article 7 of the Family Code, what is the territorial jurisdiction of a Supreme Court Justice as a solemnizing officer?

Under Article 3 of the Family Code, what is the legal effect of solemnizing a marriage outside the judge's official chambers?

What are the essential requisites of marriage under Article 2 of the Family Code?

Why does a Supreme Court Justice have authority to solemnize a marriage inside a Roman Catholic church?

Why was the action for declaration of nullity of marriage in the present case legally untenable?

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1. Authority to Solemnize
Under Article 7 of the Family Code, incumbent members of the judiciary, including Justices of the Supreme Court, possess legal authority to solemnize marriages within their territorial jurisdiction. For Supreme Court Justices, their territorial jurisdiction encompasses the entire Philippine archipelago. As long as a Supreme Court Justice acts as the solemnizing officer, the essential requisite of authority of the solemnizing officer under Article 2 of the Family Code is fully satisfied, regardless of the religious affiliation or preference of the contracting parties.

2. Venue Irregularities
Under Article 8 of the Family Code, marriages shall be solemnized publicly in the chambers of the judge or in open court, unless contracted in articulo mortis, in remote places, or upon written request of both parties. Celebrating a marriage in an improper venue, such as inside a church rather than judicial chambers, constitutes a mere irregularity in the formal requisites under Article 3. A formal irregularity does not invalidate the marriage, though it may subject the solemnizing officer or parties to administrative or legal liability.

3. Essential Requisites
Under Articles 2 and 3 of the Family Code, the essential requisites of marriage are legal capacity of the contracting parties and consent freely given in the presence of the solemnizing officer. The formal requisites are a valid marriage license, authority of the solemnizing officer, and a marriage ceremony. The absence of an essential or formal requisite renders the marriage void ab initio, but a mere defect or irregularity in a formal requisite, such as venue, leaves the validity of the marriage completely intact.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026