Brad and Angelina had a secret marriage before a pastor whose office is located in Arroceros Street, City of Manila. They paid money to the pastor who took care of all the documentation. When Angelina wanted to go to the U.S., she found out that there was no marriage license issued to them before their marriage. Since their marriage was solemnized in 1995 after the effectivity of the Family Code, Angelina filed a petition for judicial declaration of nullity on the strength of a certification by the Civil Registrar of Manila that, after a diligent and exhaustive search, the alleged marriage license indicated in the marriage certificate does not appear in the records and cannot be found.
[a] Decide the case and explain. (2.5%)
[b] In case the marriage was solemnized in 1980 before the effectivity of the Family Code, is it required that a judicial petition be filed to declare the marriage null and void? Explain. (2.5%)
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(a) The petition should be granted, and (b) if solemnized in 1980, a judicial declaration of nullity is not required except for remarriage. Under Articles 3 and 4 of the Family Code, the absence of a valid marriage
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Quick check
Under Articles 3 and 4 of the Family Code, what is the legal effect of the complete absence of a valid marriage license?
The complete absence of a valid marriage license renders the marriage void ab initio.
How may the absence of a marriage license be competently proved in a petition for judicial declaration of nullity?
A certification from the Local Civil Registrar confirming no license exists after diligent search proves its non-issuance.
For marriages solemnized in 1980 under the Civil Code, when is a judicial declaration of nullity necessary?
Under Article 40 of the Family Code, a judicial declaration of nullity for Civil Code marriages is required solely for remarriage.
What rule of evidence governs a civil registrar's certification stating that no marriage license record exists?
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Why did Angelina's petition for judicial declaration of nullity of her 1995 marriage prosper?
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Learn more about these topics
1. Marriage License Requirement
Under Articles 3 and 4 of the Family Code, a valid marriage license is an essential formal requisite of marriage. The absence of a marriage license renders the marriage void ab initio, except in marriages of exceptional character specifically exempted by law. To establish the absence of a marriage license, a certification issued by the Local Civil Registrar stating that no marriage license appears in the civil registry records after a diligent and exhaustive search constitutes competent and sufficient evidence of its non-issuance.
2. Judicial Declaration Requirement
Under Article 40 of the Family Code, a judicial declaration of absolute nullity is required for the sole purpose of remarriage. For marriages solemnized under the Civil Code of 1950 prior to August 3, 1988, a void marriage is considered non-existent from the beginning without the necessity of a judicial decree of nullity. However, under current law, if a spouse wishes to contract a subsequent marriage, a final judgment declaring the prior marriage void ab initio remains indispensable regardless of when the prior marriage was celebrated.
3. Civil Registrar Certification
Under Section 28, Rule 132 of the Rules of Court, a written statement signed by an officer having custody of official records certifying that after diligent search no record or entry of a specified document is found is admissible as evidence that the record contains no such document. In marriage nullity proceedings, a certification from the Local Civil Registrar confirming the absence of a marriage license entry in the official registry suffices to prove that no valid license was ever issued to the contracting parties.