Can I file for annulment if the priest who solemnized our marriage is not a real priest?
It depends. If the solemnizing officer is NOT a real priest, the answer will depend on the facts as follows and pursuant to Art. 35 (2) of the Family Code:
a. If both the man and woman believed in good faith that the solemnizing officer had the legal authority to solemnize the marriage, then the marriage CANNOT be annulled or declared void.
b. If only one of the parties to the marriage believed in good faith that the solemnizing officer had the legal authority to solemnize the marriage, then the marriage CANNOT be annulled or declared void.
c. If both the man and woman, in bad faith, knew that the solemnizing officer had NO legal authority to solemnize the marriage, then the marriage is void from the beginning. Hence, a petition for declaration of nullity of marriage can be filed.
26 January 2025
About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
