Republic of the Philippines v. CA [G.R. No. 103047. September 2, 1994] REPUBLIC OF THE PHILIPPINES, petitioner, vs.

COURT OF APPEALS AND ANGELINA M. CASTRO, respondents. Parungao, Abesamis, Eleazar & Pulgar Law Offices for private respondent. Petitioner: Republic of the Philippines Respondents: Court of Appeals; Angelina M. Castro, et al. What: Declaration of Nullity of Marriage due to lack of a valid marriage license when the marriage was solemnized. Summary: Respondent Castro sought for the declaration of the nullity of her marriage with Defendant Edwin on the ground of the absence of a valid marriage license prior to the "secret marriage" they entered into. Nature of the Case: The case at bar originated from a petition filed by private respondent Angelina M. Castro in the RTC Quezon City seeking a judicial declaration of nullity of her marriage to Edwin F. Cardenas.

What are the facts of the case? 1. Respondent Angelina M. Castro and defendant Edwin F. Cardenas were married in a civil ceremony performed by a City Court Judge of Pasig City. The civil wedding was celebrated without the knowledge and consent of the woman's parents. Defendant had personally attended for the procurement of all the necessary documents required for the marriage including a valid marriage license. After the said marriage, the couple did not lived together immediately as such marriage was unknown to Angelina's parents. 2. The couple decided to cohabitate together when Angelina discovered that she was pregnant. However, the cohabitation lasted for only four months and the couple eventually parted ways. The child was adopted by Angelina's brother and was then at the United States. Desiring to follow her daughter to

the US, Angelina sought the putting of her marital status in order before leaving. 3. Through the efforts of her lawyer, Angelina found out that thre was no marriage license issued to Edwin prior to the solemnization of their marriage. She then used it as a ground for the declaration of the nullity of their marriage. 4. The court denied her petition and ruled that the certification issued by the local civil register of Pasig City is insufficient: thus, "inability of the certifying official to locate the marriage license is not conclusive to show that there was no marriage license issued." However, the court ruled otherwise upon the appeal of the respondent.

What are the issues of the case? 1. Whether the non-registration of the alleged marriage license to the book of records at the Office of the Local civil Register where the marriage was applied for is a proof that no license was issued prior to the marriage celebration. 2. Whether the alleged absence of a valid marriage license prior to the solemnization of the marriage between Angelina and Edwin renders such marriage as null and void ab initio.

What are the rulings of the Court? 1. Yes. Petitioner initially argued that the absence of such record is not a sufficient ground to declare that no marriage license had been procured by the defendant Edwin. Angelina's self-serving testimony that she took no part in the procurement of the said requirements of their marriage made her claim of overthrowing the legal validity of their marriage as unreliable. However, the court ruled otherwise. According to Section 29, Rule 132 of the Rules of Court authorized the custodian of the documents or the local civil registrar to certify that despite diligent search that a particular document does not exist in his office.

2. Yes. As the marriage was solemnized on 1970, the governing marital relation law was the New Civil Code. The law provides that no marriage shall be solemnized without a marriage license first issued by a local civil registrar. Being one of the essential requisites of a valid marriage, absence of a license would render the marriage void ab initio. Held: The marriage between Angelina M. Castro and Edwin F. Cardenas wis void ab initio for lack of a valid marriage license and the presentation of a spurious marriage license in lieu of such. Dispositive: In fine, we hold that, under the circumstances of the case, the documentary and testimonial evidence presented by private respondent Castro sufficiently established the absence of the subject marriage license. IN VIEW WHEREOF, the petition is DENIED there being no showing of any reversible error committed by respondent appellate court.

Significant Provisions in the Case at Bar Section 29, Rule 132 of the Rules of Court. Proof of lack of record. A written statement signed by an officer having custody of an official record or by his deputy, that after diligent search, no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry. Articles 53(4), NCC. No marriage shall be solemnized unless all these requisites are complied with: xxx (4) A marriage license, except in a marriage of exceptional character (Sec. 1a, art. 3613).

Article 58, NCC. Save marriages of an exceptional character authorized in Chapter 2 of this Title, but not those under article 75, no marriage shall be solemnized without a license first being issued by the local civil registrar of the municipality where either contracting party habitually resides. (7a) Article 80(3), NCC. The following marriages shall be void from the beginning: xxx (3)Those solemnized without a marriage license, save marriages of exceptional character; xxx Article 70, NCC. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a register book strictly in the order in which the same shall be received. He shall enter in said register the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary. (18a)

In My Humble Opinion "Secret Marriage" "Secret marriage" is a legally non-existent phrase but ordinarily used to refer to a civil marriage celebrated without the knowledge of the relatives and/or friends of either or both of the contracting parties. In the case at bar, the records show that the marriage between Castro and Cardenas was initially unknown to the parents of the former. Marriage ceremony is said to must be held in an open court and with witnesses. In the case at bar it seemed that the defendant, procuring the required documents by himself, did wanted the marriage to be of secrecy even from the Local Civil Registrar. Given the fact that those who apply for a valid marriage license will have their names publicly placed on the said office's bulletin boards might have prompted Edwin to make a spurious marriage license with a non-existent license number to present to the

solemnizing officer. Even though the said solemnizer had the duly authority to perform such civil marriage ceremony, solemnizing it in virtue of a spurious and non-existent marriage license will render such marriage void ab initio. The woman should have been aware enough about such possibility of actions. However, what happened may have been in her favor to end their marital bonds anyway.

Vocabulary Procurement (noun) - the act of getting possession of something.