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[av_heading heading=’RAMBLINGS OF THE UNMARRIED | For you I will’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY GORDON Q. GUILLERGAN
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Thursday, May 25, 2017
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“Never do that by proxy which you can do yourself.” – Italian Proverb quotes
IN LIFE there are so many things we have people stand-in for us but I assume everybody knows marriage is not one of it.
But did you know there was a point when our jurisdiction actually allowed proxy marriages?
A study made by Flerida Ruth P. Romero under the Philippine Law Journal on the “Concerns and Emerging Trends on Laws Relating to Family and Children” noted how in other jurisdictions proxy marriages are allowed; there can be a “stand-in” for an absent contracting party, especially during wartime.
Under the Family Code (Article 2), however, one of the essential requisites of a valid marriage is “consent freely given in the presence of the solemnizing officer.” Similarly, although no prescribed form or religious rite for the solemnization of the marriage is required, the very minimum requirement laid down is “for the contracting parties to appear personally before the solemnizing officer…”
Clearly, marriage cannot be contracted by proxy or in absentia of one of the contracting parties.
I was surprised to learn, however, that under the old Marriage Law of 1929, proxy marriages were explicitly allowed. Article 87 of the said law stated:
“Marriage may be celebrated in person, or by a proxy to whom a special power has been given; but the presence of the contracting party who is domiciled or resides in the district of the judge who is to perform the marriage ceremony shall always be required.”
Relating with the marriage ceremony to be performed, Article 100 of the old Marriage Law provided:
“The marriage ceremony shall be performed as follows: The contracting parties, or one of them and the person authorized by special power of attorney to represent the absentee, shall appear before the municipal judge accompanied by two lawfully qualified adult witnesses.”
Flerida Ruth P. Romero noted however that under the doctrine of lex loci celebrationis, a marriage valid where contracted is valid everywhere. Does that mean, therefore, that said proxy marriage is valid in the Philippines?
Philippine laws pertaining to “the status, condition and legal capacity of persons “are binding upon Filipino citizens even though living abroad under the nationality doctrine enunciated in Article 15 of the Civil Code which provides:
“Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.”
To an increasing extent, similar problems arise as a result of mixed marriages, thereby raising conflict of law issues.
Personally, I find it weird to stand-in for a friend on his wedding day. It would seem that the marriage is a really a contract more of a celebration of the union of two people. Unless of course the closest thing to me marrying the bride whom I adore for years is be the proxy of the groom, then why not. “Kahit proxy at least nasakal kami.”
But I must agree with how proxy marriage has been removed under our laws for it diminishes the very essence of it. Corny but, it’s the experience of getting married, not the contract, which I see more valuable. (gordon.qg@hotmail.com/PN)
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