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All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ F. Marriage, General Principles (Family Code, Art. 1) ▸ 2. Effects of Absence, Defect or Irregularity - Family Code, Art. 4

Question

F. Marriage, General Principles - Effects of Absence, Defect or Irregularity (Family Code, Art. 4)

Marie and John, both Filipino citizens, have been in a romantic relationship for several years. They decided to get married and prepared all the necessary documents for the marriage license. However, due to an unforeseen circumstance, the solemnizing officer was unable to attend their planned wedding ceremony. Determined to legalize their union, Marie and John proceeded with the ceremony without the presence of a solemnizing officer.

Based on the given scenario, answer the following questions:

  1. What is the general rule regarding the validity of a marriage in the absence of a solemnizing officer as stated in the Family Code? Cite the specific provision.
  2. In this particular scenario, can Marie and John's marriage be considered valid despite the absence of a solemnizing officer? Explain your answer with reference to the law.
  3. What are the potential consequences or effects of a marriage that is void due to the absence of a solemnizing officer?


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Bar Review Question: F. Marriage, General Principles - Effects of Absence, Defect or Irregularity (Family Code, Art. 4)