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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Aurelio (25) and Belinda (27) are not related within the prohibited degrees and freely consent to marry. They plan a civil marriage at City Hall to be solemnized by a Barangay Captain who is not authorized to solemnize marriages under the law. They will present a valid marriage license and have two witnesses. Is Aurelio and Belinda’s intended marriage valid? Consider the essential requisites (capacity to marry and free consent) and the formal requisites (license, solemnizing officer, and witnesses) and explain the legal effect of having an unauthorized officiant perform the ceremony.

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No. A marriage solemnized by an officer not authorized to solemnize marriages at the time of the ceremony is void ab initio, regardless of the license and witnesses. No, the license would be invalid if the officiant is unauthorized, and the ceremony cannot be registered. Yes, because the essential requisites (capacity and free consent) plus the formal requisites (license and witnesses) are present, and the officiant’s lack of authorization is not fatal. No, because the couple cannot have free consent if the officiant is not authorized.

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