Practice question
Adults with legal capacity, a valid license and a proper ceremony marry before a person who lacks legal authority to solemnize. One party genuinely believes in good faith that the officer is legally authorized. No other defect exists. Does the officer’s lack of authority necessarily make this marriage void?
- Yes, Article 35(2) contains no exception
- Yes, good faith must exist in every witness
- Yes, only a later license can matter
- No, Article 35(2) expressly preserves the marriage where either or both parties had the required good-faith belief
- No, because authority is never a formal requisite
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173 — Family Code, Articles 2–5, 35(2), 35(3) and 45
- https://lawphil.net/judjuris/juri2025/apr2025/gr_267998_2025.html — Maliwat-Melad v. Melad, G.R. No. 267998, April 23, 2025, main opinion
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