Article 7 of the Family Code: Who may solemnize a marriage
Status: In force
What does Article 7 say?
Marriage may be solemnized by:
(1) Any incumbent member of the 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 the civil registrar general, acting within the 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.
What does it mean in plain language?
Article 7 of the Family Code lists who may solemnize a marriage. They are judges within their court's jurisdiction; priests, rabbis, imams and ministers who are authorized by their church and registered with the civil registrar general, when at least one of the couple belongs to their church; ship captains, airplane chiefs and some military commanders, only for marriages at the point of death; and Philippine consuls for marriages between Filipino citizens abroad.
The "authority of the solemnizing officer" is the first formal requisite of marriage in Article 3.
How does it work in real life?
Bea and Carl: a pastor from a different church
Bea and Carl are both Catholic. Carl's uncle, a registered pastor of another church, offers to marry them. Because neither Bea nor Carl belongs to his church, Article 7(2) does not give him authority for their wedding. They can ask a priest of their parish or a judge instead. This is a made-up example.
Dina and Eric: a beach wedding
Dina and Eric want their judge to marry them at a beach resort. Article 8 allows a place other than the court or a church only if both of them ask the officer in writing and name the place in a sworn statement. This is a made-up example.
Fe and Gil: a wedding on a ship
Fe and Gil are crew members on a ship. Gil is badly injured and is at the point of death. The ship captain may marry them, at sea or during a stopover at a port of call (Articles 7(3) and 31). This is a made-up example.
These examples only show how the rule works. They are not advice for a real case.
What does this mean in practice?
- For a religious officer, what shows authority under Article 7(2) is the written authority from his church and his registration with the civil registrar general.
- After the wedding, the officer must send copies of the marriage certificate to the local civil registrar not later than fifteen days after the marriage (Article 23).
- In marriages at the point of death, or where a party has no means of transportation to reach the civil registrar, the officer must also sign an affidavit about these facts (Article 29).
- For the papers the couple needs, see marriage license requirements.
Can any priest, pastor or imam marry a couple?
No. Article 7(2) sets four conditions. The religious officer must be:
- duly authorized by his church or religious sect;
- registered with the civil registrar general;
- acting within the limits of the written authority his church gave him; and
- marrying a couple where at least one party belongs to his church or sect.
So a pastor of one church cannot marry a couple when neither belongs to that church. Article 7(2) names priests, rabbis, imams and ministers "of any church or religious sect", so the rule is the same for every religion.
A church wedding by an authorized officer, with all the other requisites, is valid under the Family Code. A church annulment is a different matter: see Is a church annulment valid?
When can a ship captain, a pilot or a military commander marry a couple?
Only in marriages "in articulo mortis", meaning when a party is at the point of death:
- A ship captain or airplane chief, for passengers or crew, while at sea or in flight and also during stopovers at ports of call (Articles 7(3) and 31).
- A military commander of a unit to which a chaplain is assigned, when the chaplain is absent, during a military operation (Article 7(4)). The commander must be a commissioned officer, and the couple must be within the zone of military operation, whether soldiers or civilians (Article 32).
Who can marry Filipinos abroad?
A Philippine consul-general, consul or vice-consul (Articles 7(5) and 10). The consular official also issues the marriage license and does the work of the local civil registrar for these marriages. This covers marriages between Filipino citizens abroad. For a Filipino marrying a foreigner, see marrying a foreigner.
Where must the wedding take place?
Article 8 sets the place:
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 the consul-general, consul or vice-consul, as the case may be, and not elsewhere
The exceptions are in the same article:
except in cases of marriages contracted on 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.
What if the officer had no authority?
The marriage is void from the beginning, with one exception for good faith:
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
Frequently asked questions
Who can solemnize a marriage in the Philippines?
Under Article 7 of the Family Code: incumbent judges within their court's jurisdiction; priests, rabbis, imams and ministers who are authorized by their church and registered with the civil registrar general, when at least one party belongs to their church; ship captains and airplane chiefs, and some military commanders, only for marriages at the point of death; and Philippine consuls for marriages between Filipino citizens abroad.
Can a priest or pastor marry a couple who are not members of his church?
Article 7(2) requires that at least one of the parties belongs to the solemnizing officer's church or religious sect. The officer must also act within the written authority given by the church.
Can a judge marry a couple outside his or her area?
Article 7(1) gives an incumbent judge authority to solemnize marriages "within the court's jurisdiction". Article 7 does not itself say what happens to a wedding a judge performs outside that area.
Can a wedding be held at home or at a resort?
As a rule, Article 8 says the wedding is held publicly in the judge's chambers or open court, in a church, chapel or temple, or in the consular office. One exception is when both parties ask the officer in writing, and name the house or place in a sworn statement.
Is a marriage void if the officer had no authority?
As a rule, yes (Article 35(2)). It stays valid if either or both parties believed in good faith that the officer had the legal authority to marry them.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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