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

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Marriage, General Principles - Effects of Absence, Defect or Irregularity

Mr. Juan dela Cruz and Ms. Maria Santos, both residents of Metro Manila, decided to get married. They prepared all the necessary documents and complied with all the requirements set forth by law. The wedding ceremony was conducted by a registered solemnizing officer and witnessed by their closest friends and family members.

However, upon review of the marriage contract, they discovered that the marriage license was missing the signature of the local civil registrar. Worried about the validity of their marriage, they seek legal advice.

1. What is the effect of the absence or defect in the signature of the local civil registrar on the marriage of Mr. Juan dela Cruz and Ms. Maria Santos? Cite the relevant provision of the Family Code.

2. Discuss the implications if Mr. Juan dela Cruz and Ms. Maria Santos fail to correct the defect in the marriage license.

3. Can Mr. Juan dela Cruz and Ms. Maria Santos still be considered married despite the irregularity in the marriage license? Explain the legal basis for your answer.

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