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Marriages solemnized by Alice Guo valid
By J.Lo
Justice Undersecretary Nicholas Ty on Tuesday, September 17, said marriages officiated by dismissed Bamban, Tarlac mayor Alice Guo are still valid, citing doctrine of operative fact.
Doctrine of operative fact means that even if law is declared invalid, effects it had while it was in force still remain.
Solicitor General Menardo Guevarra agrees with Justice department’s view that marriages solemnized by Guo will remain valid, despite her holding mayoral position unlawfully.
Guevarra also emphasized that only court can make final determination of marriage’s validity if it is challenged.
Under Family Code, one of the requisites for valid marriage is authority of the solemnizing officer.
If authority is lacking, as noted in Article 4 of Family Code, marriage could be rendered void.
However, its validity can only be determined by court.
Art. 4. absence of any of the essential or formal requisites shall render marriage void ab initio, except as stated in Article 35 (2).
Defect in any of the essential requisites shall not affect validity of marriage but party or parties responsible for irregularity shall be civilly, criminally and administratively liable.
Guo has been dismissed by Office of the Ombudsman due to her alleged involvement in unlawful activities related to Philippine offshore gaming operators.
Quo warranto petition challenging validity of her mayoralty has been filed in Manila court.
If successful, this petition could prevent her from holding any future government positions.
Marriages can be solemnized not only by priests or religious leaders but also by qualified government officials.
As former mayor of Bamban, Tarlac, Guo had authority to officiate marriages.
This power is vested in mayors and vice mayors, including those acting as mayors, by Local Government Code, stipulates that they have authority to solemnize marriages within their jurisdictions.
According to Section 7 of Family Code, following individuals are authorized to solemnize marriages:
(1) Any incumbent member of judiciary within the court’s jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with civil registrar general, acting within limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10.
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