Who are authorized to solemnize marriage in the Philippines?

The following persons are authorized to solemnize marriages:

1) Any incumbent MEMBER OF THE JUDICIARY within the court’s jurisdiction; (Art. 7, Family Code)

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; (Art. 7, FC)

3) Any SHIP CAPTAIN or AIRPLANE CHIEF only in cases of marriages in articulo mortis (or where one of the parties is at the point of death) between passengers or crew members not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call (Art. 7 in relation to Art. 31, FC);

4) Any MILITARY CAPTAIN of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians (Art. 7 in relation to Art. 32, FC); or

5) Any CONSUL-GENERAL, CONSUL or VICE-CONSUL in the cases of marriages between Filipino citizens abroad. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. (Art. 7 in relation to Art. 10, FC)

6. The Municipal or City MAYOR or, in case of temporary vacancy, the VICE-MAYOR (Section 444(xviii) and 445(4) of R.A. No. 7160 or the Local Government Code of 1991).


What is the extent of the authority of judges and justices to solemnize marriage?

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. An appellate court Justice or a Justice of this 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. Where a judge solemnizes a marriage outside his court’s jurisdiction, there is a resultant irregularity in the formal requisite laid down in Article 3, which while it may not affect the validity of the marriage, may subject the officiating official to administrative liability. (Arañes vs. Occiano, A.M. No. MTJ-02-1390.  April 11, 2002)

Where shall the judge solemnize the marriage?

The marriage shall be solemnized publicly in the chambers of the judge or in open court. (Art. 8, FC)


When can a marriage be held outside the judge's chamber or courtroom?

A marriage can be held outside the judges chambers or courtroom only in the following instances: 

1.) at the point of death; 
2.) in remote places in accordance with Article 29, or 
3.) upon the request of both parties in writing in a sworn statement to this effect. (Art. 8, FC)


What is the extent of the authority of the priest to solemnize marriage?

A priest who is commissioned and allowed by his local ordinance to marry the faithful is authorized to do so only within the area or diocese or place allowed by his Bishop. (Arañes vs. Occiano, A.M. No. MTJ-02-1390.  April 11, 2002)


What requisites must concur in order for a ship captain or airplane chief to lawfully solemnize marriages?

The following requisites must concur in order for them to lawfully solemnize marriages: 

(1) The marriage must be in articulo mortis or when at least one of the contracting parties is at the point of death; 

(2) It must be between passengers or crew members of the ship where such captain has control or supervision; and,

(3) It must be done while the ship is at sea or the plane is in flight or during stopovers at ports of call.


What requisites must concur in order for a military commander to lawfully solemnize marriages?

The following requisites must concur in order for a military commander to lawfully solemnize marriages: 

(1) The marriage must be in articulo mortis or when at least one of the contracting parties is at the point of death; 

(2) The military commander must be a commissioned officer; and,

(3) It must be solemnized within the zone of military operations; and,

(4) It must be between persons within the zone of military operation, whether members of the armed forces or civilians.


Authority of the vice-mayor to solemnize marriage

In the case of the VICE-MAYOR, who solemnizes a marriage in proper cases, it is immaterial whether he is the Acting Mayor or “merely acting as mayor” for, in both instances, he discharges all the duties and wields the power appurtenant to the Office of the Mayor (People vs. Bustamante, G.R. No. L-11598, January 27, 1959 citing Laxamana vs. Baltazar, 98 Phil., 364)

Read: People vs. Bustamante Case Digest


When may a marriage be considered valid even though the solemnizing officer had no authority to do so?

Marriages solemnized by any person not legally authorized to perform marriages shall be void ab initio UNLESS such marriages were contracted with EITHER or BOTH parties to the marriage BELIEVING IN GOOD FAITH that the solemnizing officer had the legal authority to do so. (Art. 35, No. 2, FC)