Art. 8. The
marriage shall be solemnized publicly in the chambers of the judge or in open
court, in the church, chapel or temple, or in the office of the consul general,
consul or vice consul, as the case may be, and not elsewhere, except in cases
of marriages contracted at the point of death or in remote places in accordance
with Article 29 of this Code, or where both of the parties request the
solemnizing officer in writing in which case the marriage may be solemnized at
a house or place designated by them in a sworn statement to that effect.
(Family Code)
BAR QUESTION: While
"X," an Associate Justice of the Court of Appeals, was
vacationing in Cebu City, he was requested to solemnize the marriage
of Serge and Joan in the residence of Serge's parents. "X" could not
refuse the request of both the parents of the couple because they were his
relatives. On the day set for the wedding, there was so many visitors at the
residence of Serge's parents so that "X" decided to solemnize the
marriage at the kiosk of the public plaza located nearby. Is the marriage of
Serge and Joan valid? Give your reasons.
Suggested Answer: Yes. A judge may solemnize marriage even outside the court provided of course that the essential requisites of marriage are present and that the necessary requirements for the request to solemnize marriage in a different venue are faithfully complied with.
UP Answer: Yes, because the requirement that the
marriage be solemnized in a particular or public place is not an essential
requisite of the law.
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