Practice question
Two adults knowingly have no marriage license and satisfy no license exemption. They nevertheless believe that any missing formality is saved because they trust the solemnizing officer’s authority. They invoke Article 35(2) to cure the license’s absence. Which is correct?
- The authority exception cures every absent requisite
- Any belief makes a missing license legally exist
- Only the wedding guests may decide
- Every license-free ceremony is valid
- Article 35(2) addresses lack of officer authority, not the separate absence of a required license; the stipulated absence remains fatal
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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