For you I will

IN “Never do that by proxy which you can do yourself.” – Italian Proverb quotes

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

special power has been given; but the Law Journal on the “Concerns and

presence of the contracting party who Emerging Trends on Laws Relating

is domiciled or resides in the district to Family and Children” noted how in

of the judge who is to perform the other jurisdictions proxy marriages

marriage ceremony shall always be are allowed; there can be a “stand- Relating with the marriage

required.” in” for an absent contracting party, ceremony to be performed, Article especially during wartime. 100 of the old Marriage Law provided:

Under the Family Code (Article 2), however, one of the essential

“The marriage ceremony shall be requisites of a valid marriage is

performed as follows: contracting “consent freely given in the presence

parties, or one of them and the of the solemnizing officer.” Similarly,

person authorized by special power although no prescribed form or

of attorney to represent the absentee, religious rite for the solemnization

shall appear before the municipal of the marriage is required, the

judge accompanied by two lawfully very minimum requirement laid Flerida Ruth P. Romero noted

qualified adult witnesses.” down is “for the contracting parties however that under the doctrine to  appear  personally  before the of  celebrationis, a marriage solemnizing officer…” valid where contracted is valid

lex loci Clearly, marriage cannot be everywhere. Does that mean, contracted by proxy or  in absentia  of therefore, that said proxy marriage one of the contracting parties. is valid in the Philippines?

I was surprised to learn, however, Philippine laws pertaining to that under the old Marriage Law “the status, condition and legal of 1929, proxy marriages were capacity of persons “are binding explicitly allowed. Article 87 of the upon Filipino citizens even though said law stated: living abroad under the nationality SA doctrine enunciated in Article 15 of the Civil Code which provides: “Marriage may be celebrated in person, or by a proxy to whom a

“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 But I must agree with how proxy least nasakal kami.” 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. ( com/ PN) gordon.qg@hotmail.