COSCA V. PALAYPAYON, JR.

[237 S 249 (1994)]

FACTS:
Complainants allege that respondent judge solemnized marriages even w/o the requisite
marriage license. Thus, several couples were able to get married by the simple expedient of
paying the marriage fees to resp. Baroy, Clerk of Court II of the Mun. Trial Court of Tinambac,
Camarines Sur, despite the absence of a marriage license. xxx. As a consequence, their marriage
contracts did not reflect any marriage license. In addition, respondent Judge did not sign their
marriage contracts and did not indicate the date of solemnization the reason being that he
allegedly had to wait for the marriage license to be submitted by the parties w/c was usually
several days after the ceremony. Indubitably, the marriage contracts were not filed w/ the local
civil registrar.

HELD:
On the charge regarding illegal marriages, the FC pertinently provides that the formal requisites
of marriage, inter alia, a valid marriage license except in the cases provided for therein.
Complementarily, it declares that the absence of any of the essential or formal requisites shall
generally render the marriage void ab initio and that, while an irregularity in the formal
requisites shall not affect the validity of the marriage, the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable.

Art. 35. The following marriages shall be void from the beginning:

xxx
(3) Those solemnized without license, except those falling under Article 41;
xxx