Thursday, July 29, 2010

Lawyer in TV

Two days ago, I accidentally tuned in to DZMM's Teleradyo program "Usapang de Kampanilya", if I am not mistaken. The setup of the program is such that there is a lawyer who answers the legal queries asked by the listeners and viewers. One viewer asked whether both contracting parties in a marriage should be members of the same religion so that the solemnizing officer, whether a rabbi, priest, or imam, can have authority to solemnize the marriage. The lawyer replied in the affirmative. He said that in order for a priest, rabbi, imam or minister of any church or religious sect to validly solemnize the marriage both contracting parties must belong to the solemnizing officer's church or religious sect.

My stock knowledge told me he gave the wrong answer. Although we took up Persons and Family Relations almost two years ago, I can still remember most of its provisions. I believed at that time that the correct answer is that the marriage is still valid as long as at least one of the contracting parties belongs to the solemnizing officer's church or religious sect.

After consulting the pertinent provision in the Family Code, I found out, happily, that my guess was correct. The Family Code provides that:
Art. 7. Marriage may be solemnized by:
xxx xxx
(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 authority granted him 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;
xxx xxx

So, for whoever asked that question, I hope you get to read this blog so you can still get married. And for the lawyer - be careful next time especially since many people are watching and listening.

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