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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Lia (26) and Carlo (27) plan a civil wedding at the town hall to be solemnized by Barangay Captain Navarro, who is not authorized to solemnize marriages under the law. They will present a valid marriage license and have two witnesses. Is Lia and Carlo’s intended marriage valid? Choose the best statement.

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The marriage is void ab initio for lack of a properly authorized solemnizing officer; the license and two witnesses do not cure. The ceremony could be saved if the officiant later becomes authorized and the couple then undergoes a second ceremony with a new license. If the officiant later obtains authorization, the initial ceremony retroactively becomes valid and effective retroactively. The marriage is valid because capacity, consent, license, and two witnesses are present, and the officiant's lack of authority does not affect validity.

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