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BY GORDON Q. GUILLERGAN
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Sunday, January 22, 2017
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“It is not always what is written or said that speaks how one loves the other. Sometimes in the absence of both the written and spoken word, in the silence, you know you are loved.”
OFTEN, weddings tend to be very stressful, what with all the reparations. Often, too, organizers and even the coupe and their families forget some essential things for the celebration.
Many are quite in a stir if the thing forgotten is the marriage certificate to be signed by the couple and sponsors. Many would think that, in the absence of such certificate, the marriage is erroneous not binding.
Justice Sempio-Dy, in the Handbook of on the Family Code of the Philippines (p. 26, 1997 reprint) pointed out: “The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also, the mere fact that no record of marriage can be found does not invalidate the marriage, provided all the requisites for its validity are present.”
What is essential, therefore, is not the certificate of marriage but the license as provided under Article 3 of the Family Code, and all other formal requisites under such Article in addition to the essential requisites provided under Article 2.
No marriage shall be valid unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer.
The certificate is a mere evidence of your compliance of all the requisites laid down by our Family Code.
Let us remember the importance of marriage and value what marriage is. Let us not simply get married and rely on legal remedies to easily get out of it.
Marriage is a life-long commitment based on mutual love. All these legal requisites are merely protection for such sanctity and the family from which it springs from.
What is written on a piece of paper does not prove the quality or quantity of love. The heart unseen and how it beats unwritten is more binding than any written word./PN
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