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Authority of OIC Mayor to solemnize marriage.

 
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mutuk
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Joined: 11 Oct 2005
Posts: 1860
Location: Vice mayor Rojilyn Bagabaldo

PostPosted: Tue Nov 13, 2012 11:12 pm    Post subject: Authority of OIC Mayor to solemnize marriage. Reply with quote

Just want to make it clear

May bigla pong lumalabas na kwento na null and void (walang bisa) daw po yung mga ginawa kong pagkakasal during my capacity as acting Mayor (OIC) noong 2010. Wala daw po akong authority gayung meron naman. May bisa at legal po ang mga naganap na kasalan.



Under Article 56 (4) of the Civil Code of the Philippines, explicitly provided that mayors of cities and municipalities were authorized to solemnize marriage. And, according to the late Justice Edgardo L. Paras, who is a renowned authority on civil law, the authority of mayors to solemnize marriage is in view of their office, thus, incidentally, an OIC Mayor or Acting Mayor can solemnize marriage (Civil Code of the Philippines Annotated, Eleventh Edition, 1984, p. 277).

Such authority of City or Municipal Mayors to solemnize marriage was divested from them by Executive Order No. 209 otherwise known as The Family Code of the Philippines upon its effectivity on August 03, 1988, but, was re-vested three years thereafter by the Local Government Code of 1991. And the rule is the same under the Code, that is, the acting or OIC Mayor, who assumes all the powers, duties and functions of the Mayor except the power to appoint, suspend, or dismiss employees, could solemnize marriage (Sec. 46, Local Government Code of 1991 and Art. 91 of its IRR). Source http://car.dilg.gov.ph/pdf/opinion2002-17.pdf

Section 46. Temporary Vacancy in the Office of the Local Chief Executive. -

(a) When the governor, city or municipal mayor, or punong barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking sangguniang barangay member shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.

ARTICLE 91.Powers, Duties, and Functions of the Municipal Vice Mayor. Themunicipal vice mayor shall:
(a)
(b)
(c)
(d)Exercise the powers and perform the duties and functions of the municipalmayor in cases of temporary vacancy as provided under these Rules



Kung sisiraan sana ako ay yung wag maaapektuhan yung mga pangkaraniwang tao. Kawawa naman yung mga ikinasal ko at biglang nagkameron ng isipin na hindi naman dapat.

Heto pa po kung kinukulang pa http://www.dilg.gov.ph/PDF_Fil.....1c33cb.pdf
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Rojilyn "Mutuk" Quiachon Bagabaldo
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