Dear Atty. Angela,

Five years ago, my husband and I got married before a religious minister who solemnized our wedding. A year ago, I am no longer in good terms with my husband and I wanted to make our separation official. Upon investigation, I learned that the minister who officiated our wedding was not a legitimate officiating minister and only used the identity of the real one we thought celebrated our marriage. With this, I want to have our marriage declared void. Will my case proceed with this legal basis?

Donna

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Dear Donna,

Under Articles 3 and 4 of the Family Code, one of the formal requirements of a valid marriage is the authority of the solemnizing officer. Article 7 lists those authorized to officiate. Article 35(2) states that a marriage is void if the officiant lacks authority — unless one or both parties believe in good faith that the officiant is authorized.

In the case of Eloisa Maliwat-Melad v. Amancio Reyes Melad and Republic of the Philippines, G.R. No. 267998 (23 April 2025), the Supreme Court (SC) found that here, the wife failed to prove that the officiant lacked authority. The marriage certificate showed that the named Judge was then an incumbent judge within the jurisdiction and had legal authority to officiate the marriage under the Family Code.

While the wife later alleged that the solemnizing officer was not the judge, the SC found that she presented no evidence to identify the real judge. Aside from bare allegations, she failed to submit other documentary or testimonial proof to support her claim.

The Court emphasized that the legal presumption in favor of the marriage contract stating the solemnizing officer’s authority must be respected in the absence of clear and convincing evidence to the contrary.

Similarly in your case, there is showing that you believed at the time of the marriage ceremony that the officiant was an incumbent religious minister and never questioned his authority. It was only now that you are raising this doubt in his capacity to officiate. Thus, as the SC held, your marriage falls under the exception in Article 35(2) of the Family Code and would remain valid.

Atty. Angela Antonio