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Legality of marriage by Judge

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1 Legality of marriage by Judge on Sat Apr 28, 2012 4:16 pm


Arresto Menor
I am enquiring on behalf of a Filipina friend of mine who belives that her marriage might not be legal and is looking for annulment.

Briefly, she is from Manila and was married in in 1993 in Manila by a Judge from a province. The Judge was a relative of the husband and recorded the marriage as taking place in his office in the province even though it took place in Manila.
First does a Judge from a province have duristiction in Manila and second is it legal to record the marriage as such. We believe that the Judge is now deceased.

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2 Re: Legality of marriage by Judge on Sat Apr 28, 2012 5:07 pm


Arresto Menor
does the judge have jurisdiction? No, because they are only granted jurisdiction in the place where they are presiding.

Family code states, "Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court's jurisdiction..."

The judge was not authorized to solemnize the marriage outside his jurisdiction hence:

Art. 35. The following marriages shall be void from the beginning:
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;"

If you look at the provision, there is a defense in favor of the Validity of the marriage...Your friend may have to tackle this during trial...Your friend may have a problem with this, knowing that the marriage was solemnized outside the judge's jurisdiction and she didn't do anything about it for 19 years is not good for her case.

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3 Re: Legality of marriage by Judge on Tue May 01, 2012 8:26 am


Arresto Menor
hello po!..itatanong ko lang po sana 2ngkol po sa setwasyon namin ng mga anak ko!...kc po ung husband ko po kasal po sa unag nyang asawa po! anak po sila isa pero po ung babae po ang unang ngluko... sumama po xa sa ibang lalaki.ung anak po nila ng asawa ko kapatid po ng babae ang ng aalaga.. bali po iniwan nya po dun ung anak nya tapos po ung babae ng asawa n po ng iba my anak n po na dalawa sa kinakasama nya po ngaun... kc po kinasuhan nya po ung asawa ko .. at balak din po sana namin magpakasal para mabigyan ng apelyedo ung mga ank nmin po.. at maging legal kming mag asawa... may visa pa po kya ung kasal nilang mag asawa

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4 Re: Legality of marriage by Judge on Fri May 04, 2012 10:27 pm


virgo, yes their marriage is still valid. your children can carry your partner's name if he file an authority to use surname of the father at the local civil registrar. do not get married because you will be committing bigamy.

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