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Case #50: Jo-Ann Diaz-Salgado and husband Dr. Gerard C. Salgado 1. Whether or not the marriage of Luis G.

ge of Luis G. Anson and Severina

(Petitioner) vs. Luis G. Anson (Respondent) de Asis-Anson is considered as valid.
2. Is the partition agreement between both Luis and Severina
Facts of the Case: valid?
Luis G. Anson married Severina de Asis-Anson on December
28, 1966 and claims to be the only surviving spouse. Prior to their Held:
marriage Severina gave birth to Maria Luisa and also birthed Jo-Ann The court ruled that the marriage of Luis G. Anson and
from a previous relationship. It was during their union in which they Severina de Asis-Anson is considered as void ab initio due to the
acquired six different properties located in San Juan, Metro Manila absence of the marriage license. A certified true copy of the marriage
and according to Luis Anson these pertain to their conjugal contract is not enough to constitute a marriage between both
partnership since there was no marriage settlement. They executed parties. During the testimony of Luis G. Anson, he stated that he did
a notarized Partition Agreement in November 1980 which divided not file for a marriage license and thought that signing a document
their properties between them. However, without his knowledge at the mayor’s household would be enough. Furthermore, his
and consent, Severina transferred the properties in favor to Jo-Ann. assertation that their marriage was exceptional failed since there
When his wife passed away on September 21, 2002, Maria Luisa was a lack of evidence. The union between Luis and Severina took
secured new Transfer Certificate of Titles as she adjudicated herself place prior to the effectivity of the Family Code which is why the Civil
as the sole heir of her mother. Luis then claimed that because of this, Code is the applicable law to determine its validity. Article 53 states
he did not receive his lawful share of conjugal properties as well as that a valid marriage license is a requisite of the union and the lack
his inheritance as a compulsory heir of his late wife. However, both of it would render the marriage void ab initio. The court also found
her children claim that they were unaware of the fact that her his credibility as suspicious because he knowingly contracted
mother married Mr. Anson. They only acknowledged that they were marriage abroad while Severina was still alive.
living together as common-low spouses and also obtained a The Partition Agreement is valid as seen in Article 496 of the
Certificate of No Record of Marriage between Luis and Severina. The Civil Code. It states that the partition may be made by agreement
validity of their marriage was called into question due to the lack of between the parties or by judicial proceedings which indicates that
marriage license. It was after his cohabitation with Severina in which the approval of the court is not needed for the validity of the
he went to the USA and married Teresita. He also sought to annul agreement. Also, property relations between both parties during
the Partition Agreement on the ground that since the court did not cohabitation are governed by the provisions of Article 147 and 148
approve of it, it becomes void. of the Family Code.