S.A 2020/21 B.E CIVIL LAW | Question #4

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SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #4 



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Two college sweethearts were married inside a Roman Catholic church in the Philippines with a Supreme Court Justice serving as solemnizing officer.

A few years following the ceremony, one of the two filed an action for the declaration of nullity of marriage on the ground that the marriage was void ab initio because it was solemnized inside a Roman Catholic church by a Supreme Court Justice, and not by a Roman Catholic priest.

Is the position legally tenable? Explain briefly. 


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No, the position is not legally tenable. Under Art. 7 of the Family Code, a marriage may be solemnized by an incumbent member of the judiciary within the court’s jurisdiction. Since the jurisdiction of a Justice of the Supreme Court is over the entire country, there is no issue as to the authority of the SC Justice to perform the ceremony anywhere in the Philippines. The fact that the marriage was solemnized inside the Roman Catholic church and not in the chambers of the Supreme Court justice will not affect the validity of the marriage.

Code: S.A 2020/21 B.E CIVIL LAW | Question #4 


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