● Marriage may be solemnized by, among others, any incumbent member of the judiciary within the court's jurisdiction. (Article 7, Family Code)
● An appellate court Justice or a Justice of this Court [Supreme Court] has jurisdiction over the entire Philippines to solemnize marriages, regardless of the venue, as long as the requisites of the law are complied with. However, judges who are appointed to specific jurisdictions, may officiate in weddings only within said areas and not beyond. (Navarro vs. Domagtoy, A.M. MTJ 96-1088, July 19, 1998)
● Under the Judiciary Reorganization Act of 1980, or B.P. 129, the authority of the regional trial court judges and judges of inferior courts to solemnize marriages is confined to their territorial jurisdiction as defined by the Supreme Court. (Arañes vs. Occiano, A.M. No. MTJ-02-1390, April 11, 2002)
● A marriage can be held outside of the judge's chambers or courtroom only in the following instances: (1) at the point of death, (2) in remote places in accordance with Article 29 [Family Code] or (3) upon request of both parties in writing in a sworn statement to this effect. (Navarro vs. Domagtoy; Article 8, FC)
● Article 8, which is a directory provision, refers only to the venue of the marriage ceremony and does not alter or qualify the authority of the solemnizing officer as provided in the preceding provision. Non-compliance herewith will not invalidate the marriage. (Navarro vs. Domagtoy)
● Under the Judiciary Reorganization Act of 1980, or B.P. 129, the authority of the regional trial court judges and judges of inferior courts to solemnize marriages is confined to their territorial jurisdiction as defined by the Supreme Court. (Arañes vs. Occiano, A.M. No. MTJ-02-1390, April 11, 2002)
● A marriage can be held outside of the judge's chambers or courtroom only in the following instances: (1) at the point of death, (2) in remote places in accordance with Article 29 [Family Code] or (3) upon request of both parties in writing in a sworn statement to this effect. (Navarro vs. Domagtoy; Article 8, FC)
● Article 8, which is a directory provision, refers only to the venue of the marriage ceremony and does not alter or qualify the authority of the solemnizing officer as provided in the preceding provision. Non-compliance herewith will not invalidate the marriage. (Navarro vs. Domagtoy)
Upon the written request of Gemma, Judge HD solemnize the former's marriage with Floriano not in his office at Sta. Monica-Burgos, Surigao del Norte but in his residence at Dapa, Surigao del Norte that does not fall within his jurisdictional area. Is the marriage invalid?
Article 3 of the Family Code requires as a formal requisite the “authority of the solemnizing officer”. Judges who are appointed to specific jurisdictions, may officiate in weddings only within said areas and not beyond. They can perform wedding beyond their jurisdiction only at the point of death, in remote places or upon request of both parties in a written sworn statement to this effect (Article 8, FC). Where a judge solemnizes a marriage outside of his court’s jurisdiction, there is a resultant irregularity in the formal requisite laid down by Article 3, FC. This irregularity does not affect the validity of the marriage but subjects the solemnizing official to civil, criminal and administrative liability. (Navarro vs. Domagtoy, A.M. MTJ 96-1088, July 19, 1998)