wedding attended by proxy, is that valid?

My bf got married with his gf last 2007. The wedding happened here in Phils. while he is in US. The one who represented the groom was the husband of the gf's friend. My bf and ex-wife is no longer together since 2008 because the girl got pregnant by other man. The ex-wife now has her own family. Now, my bf verify the wedding and it is recorded in NSO. We cannot get married because of the NSO record. The ex-wife told him also that there is no marriage license (still need to verify). They got married at the age 34 (my bf) and 23 (ex-wife). I believe that getting married below 25yrs old need parental advice. With that, what case should be filed? Is it annulment or petition for declaration of nullity of marriage? Please help. Thanks!

That is correct you must file a petition for declaration of annulment of mariage before the family court. For the marriage certificate is a public document hence it had the presumption of legality. By the way our jurisprudence States that proxy marriage is not allowed in thebPhilippines where it constitute the marriage is void in the begining for being lack of essential element of marriage under art. 3 of the family code.

File a petition for declaration of nullity of marriage not annulment as the marriage is fraud so its null and void from the start.

mj1983 wrote:My bf got married with his gf last 2007. The wedding happened here in Phils. while he is in US. The one who represented the groom was the husband of the gf's friend. My bf and ex-wife is no longer together since 2008 because the girl got pregnant by other man. The ex-wife now has her own family. Now, my bf verify the wedding and it is recorded in NSO. We cannot get married because of the NSO record. The ex-wife told him also that there is no marriage license (still need to verify). They got married at the age 34 (my bf) and 23 (ex-wife). I believe that getting married below 25yrs old need parental advice. With that, what case should be filed? Is it annulment or petition for declaration of nullity of marriage? Please help. Thanks!

Yes, a petition for declaration of nullity of marriage should be filed not annulment.

Once declared void, he can get married again.

Should you need legal assistance on how to go about this, please PM me.
-Atty. Katrina