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unauthorized solemnizing officer

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1 unauthorized solemnizing officer on Sun Jan 11, 2015 7:58 pm

Murray Locham

Arresto Menor
We got married 2003. I just found out recently that the Solemnizing Officer who officiated our wedding is not registered or Authorized with the religious group which stated on our Marriage Certificate. However, he was registered to another religious group but the validity of his license was only for 1999-2001. And he used fake religious group name and registry number that is stated on our certificate of marriage . Our Marriage License was issued right away in the office of the solemnizing officer, the same date we got married even I didn't attend any necessary seminars which is a requirement upon application for a marriage license. Our wedding was held at one of the rooms in Manila City Hall but in our certificate of marriage issued by NSO, it is stated that we got married and was registered at the city of San Juan Metro, Manila.
My questions are:
1. Is my marriage still valid?
2. Was their any fraud involved with the Local Civil Registry Office and
Solemnizing Officer?
3. Can I file a petition of Nullity or void with my marriage?

Thank you very much...

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2 Re: unauthorized solemnizing officer on Mon Jan 12, 2015 10:42 am

karl rove

Reclusion Perpetua
Murray Locham:

As you alleged, there are serious flaws the way your marriage was solemnized.

One of the essential requisites for a valid marriage is the authority of the solemnizing officer. In the absence thereof, the marriage is rendered void ab iniito unless one of the parties believes in good faith that at the time of the marriage the solemnizing officer is cloth with such an authority. Good faith is a matter and question of fact, which must be proven in an appropriate proceeding.

It is different if the solemnizing officer has an expired authority to solemized, which could be proven through a certification issued by the National Statistics office as they maintain a roster of persons authorized to solemnize marriage considering that these personalities need to register to police their ranks.

In any event, if at the time of the marriage, that authority expired, I beleive that such a defect can't be ratified by convalidation, hence, the marriage is void from the very beginning.

A petition for declaration of nullity is the proper remedial action.

Hope I was able to answer your query.

Atty Karl Rove

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