Tuesday, September 21, 2010

Robin Padilla-Mariel Rodriguez marriage is a sham

I just saw Robin Padilla's interview with Tina Monsod-Palma on the World Tonight. And I must say that he's definitely in love. 


However, I hate to be a prude but Robin's claim that he is already married to Mariel Rodriguez last August 19 is actually a sham. There was no marriage that happened in India. There was a Muslim ceremony initiated between two love birds, but sadly, there was no marriage that occurred. Let me explain.


Under The Family Code, for two people to be legally married, there must be a marriage license granted by the government. A marriage license is an important requisite for a valid marriage. 


Robin admitted that what happened was a "whirlwind" marriage. There was no intention on the part of Robin nor Mariel to get married at the time when Robin was in India. There was no mention of a marriage license procured by the couple prior to their marriage. Hence, their marriage is not legal from the beginning or what we term as "void ab initio"


Another important component lacking during the August 19 marriage between Padilla and Rodriguez is the Filipino ambassador. For a marriage conducted overseas to be valid, there must be an officiating officer present, preferably, the ambassador or even a consul-general. The ambassador is the state representative, authorized to solemnize a marriage.


A Muslim Imam, unfortunately, especially if he's a foreigner, does not bear a legal right to conduct or solemnize marriages. Hence, the ceremony is not recognized under our laws, therefore, no marriage took place. 


So, there are two (2) things which are considered major requisites lacking in that August 19, 2010 marriage---a marriage license and the lack of authority by the solemnizing officer to conduct the marriage.


Now, then, is the Ibaloi ceremony, a valid marriage? No. Again, there was no marriage license present when the two lovebirds got hitched. The Ibaloi priest probably has authority to solemnize marriages but he cannot do it without seeing the marriage license. 


How about the pastor-led ceremony which took place after the Ibaloi ceremony, what it valid? No, because there was, again, let me reiterate no marriage license secured prior to the ceremony. 


So, there. Don't be fooled. Robin Padilla, probably because of his excitement to get over his recent separation with his former wife and his willingness to marry another, should be forgiven for this. However, I hate to say it, but the two must follow the law and re-marry. 


For their union to be legally firm, Padilla and Mariel Rodriguez must secure a marriage license first before they even engage themselves into any marriage ceremony.


Lastly, let me then say that for the benefit of Mariel, she should really check if Padilla's marriage with Liezel Sicangco has been annulled already. If the marriage is not annulled, then, what they did last August 19 was harmless since it was not valid in the first place. 


However, if they do intend to get married very soon, Padilla must first resolve his earlier marriage with Sicangco. I know Padilla separated from Sicangco using the Muslim's right to divorce his wife, but Padilla must still secure a court order stating that his previous marriage has been declared by competent authority to be legally annulled.