Consular Marriage Official Authority Laws Valid Irregularity  The

22. Agay, a Filipino citizen and Topacio, an Australian citizen, got married in the consular office of the Philippines in Australia. According to the laws of Australia, a marriage solemnized by a consular official is valid, provided that such marriage is celebrated in accordance with the laws of such consular official. Under Philippine law, what is the status of the marriage of Agay and Topacio? Choose the best answer.

a) Void, because the consular official only has authority to solemnize marriages between Filipinos.

b) Valid, because according to the laws of Australia, such consular official has authority to celebrate the marriage.

c) Voidable, because there is an irregularity in the authority of the consular official to solemnize marriages.

d) Valid, because such marriage is recognized as valid in the place where it was celebrated.

SUGGESTED ANSWER:

a)

NOTE:  The issue in the problem is whether or not the fact that one of the parties to the marriage was an alien constituted absence of authority or mere irregularity of authority.  The problem gives only the choice, letter a), in case it is interpreted as absence of authority.  The problem does not give a choice in case it is interpreted as an irregularity thereby making all the other answers wrong.