In Kho v. Republic, the Supreme Court reiterated that a marriage performed without a valid marriage license is void ab initio under the Civil Code, emphasizing the essential nature of this requirement for a valid marriage. The Court held that the absence of a marriage license, supported by a certification from the local civil registrar, invalidates the marriage, reinforcing the State’s role in ensuring the capacity of individuals to enter into marital unions. This decision underscores the importance of complying with all essential requisites for marriage to ensure its legal validity and protection under Philippine law.

When a Missing License Voids a Marriage: Examining Essential Requisites

This case revolves around Raquel G. Kho’s petition to declare his marriage to Veronica B. Kho null and void due to the alleged absence of a valid marriage license. The central legal question is whether the lack of a marriage license at the time of the marriage celebration renders the union void ab initio, especially considering conflicting factual findings by the lower courts. The petitioner presented a certification from the Municipal Civil Registrar of Arteche, Eastern Samar, stating that no record or copy of a marriage license was ever issued to him and the respondent. The resolution of this issue has significant implications for the status of their marriage and the rights and obligations arising from it.

The Supreme Court addressed the procedural issue raised by the Office of the Solicitor General (OSG), clarifying that while factual questions are generally inappropriate for a petition for review on certiorari, exceptions exist. Specifically, the conflicting findings of fact between the Regional Trial Court (RTC) and the Court of Appeals (CA) warranted a review. The Court cited established jurisprudence, noting that a review is justified when the findings of fact are contradictory to those of the trial court, allowing the Supreme Court to delve into the factual issues to resolve the legal questions presented.

The Court then examined the legal framework governing the validity of marriages celebrated before the Family Code’s effectivity, referencing Article 53 of the Civil Code. This article clearly states that a marriage license is an essential requisite for a valid marriage, except in marriages of exceptional character. The Court highlighted that the marriage in question did not fall under any of the recognized exceptions, such as marriages in articulo mortis or those in remote places. Article 80(3) of the Civil Code explicitly states that a marriage performed without a corresponding marriage license is void, emphasizing the license as the essence of the marriage contract.

Building on this foundation, the Court addressed the respondent’s claim that a marriage license was indeed secured and presented to the solemnizing officer. While acknowledging the legal presumption favoring the validity of marriage and the State’s policy of protecting the family, the Court emphasized that this presumption can be overcome by evidence to the contrary. Citing Nicdao Cariño v. Yee Cariño, the Court affirmed that a certification from the Local Civil Registrar stating the absence of a marriage license record is sufficient to prove non-issuance. Consequently, the burden shifts to the party alleging a valid marriage to prove that the required license was secured, a burden the respondent failed to discharge.

In this case, the petitioner presented a certification from the Municipal Civil Registrar attesting to the absence of any record of a marriage license issued to the parties. The Court emphasized the respondent’s failure to present their alleged marriage license or a copy thereof, further weakening her claim. The Court also noted the absence of any entry regarding the marriage license in the Certificate of Marriage, reinforcing the petitioner’s argument. As a result, the Court sided with the petitioner and concluded that no valid marriage license was issued.

The Supreme Court also addressed the argument regarding the sufficiency of the certification issued by the local civil registrar, referencing the ruling in Sevilla v. Cardenas, which requires a categorical statement of diligent search. However, the Court clarified this requirement by citing Republic of the Philippines v. Court of Appeals, which considered a certification of due search and inability to find a record as sufficient, even without an explicit statement of diligent search. Furthermore, the Court reiterated the disputable presumption under Sec. 3(m), Rule 131 of the Rules of Court, that an official duty has been regularly performed. The Court emphasized that there was no affirmative evidence to suggest that the Municipal Civil Registrar was negligent in performing their duty.

In summary, the Court emphasized the importance of a marriage license as an essential requisite for a valid marriage under the Civil Code. The ruling reiterated that in the absence of such license, and when sufficient proof is presented to overcome the presumption of a valid marriage, the marriage is considered void ab initio. The decision serves as a reminder of the legal requirements for marriage in the Philippines and reinforces the necessity of strict compliance with these requirements to ensure the validity and recognition of marital unions.

It is also important to recognize that the court did not concern itself with the motivation for annulment of the marriage. Citing that despite the petitioner’s alleged illicit affair with another woman, does not equate to the marriage being valid in the first place. The law must be applied as the marriage license, an essential requisite under the Civil Code, is clearly absent, the marriage of petitioner and respondent is void ab initio.

FAQs

What was the key issue in this case?	The key issue was whether the absence of a marriage license at the time of the marriage ceremony rendered the marriage void ab initio under the Civil Code. This centered on the interpretation and application of Article 53 and Article 80(3) of the Civil Code.
What evidence did the petitioner present to prove the absence of a marriage license?	The petitioner presented a certification issued by the Municipal Civil Registrar of Arteche, Eastern Samar, stating that their office had no record or copy of any marriage license issued to the petitioner and respondent. This certification was crucial in overcoming the presumption of a valid marriage.
What was the significance of the certification from the Local Civil Registrar?	The certification was significant because it served as primary evidence of the non-issuance of the marriage license, shifting the burden to the respondent to prove the validity of the marriage. This is in line with established jurisprudence that recognizes such certifications as adequate proof of non-issuance.
What is the legal basis for considering a marriage void due to the absence of a marriage license?	Article 53 and Article 80(3) of the Civil Code explicitly state that a marriage license is an essential requisite for a valid marriage. Without it, the marriage is considered void ab initio, meaning it was invalid from the very beginning.
Did the Court consider the respondent’s argument that a marriage license was secured?	The Court acknowledged the respondent’s claim but found that she failed to provide any credible evidence to support it, such as the marriage license itself or a copy thereof. The absence of such evidence weakened her claim and supported the petitioner’s assertion.
How did the Court reconcile the conflicting findings of the RTC and the CA?	The Supreme Court justified its review by citing the conflicting findings of fact between the RTC and the CA, which is an exception to the general rule against reviewing factual issues in a petition for review on certiorari. This allowed the Court to re-evaluate the evidence and make its own determination.
What are the implications of this ruling for future cases involving marriage validity?	The ruling reinforces the importance of complying with all essential requisites for marriage, particularly the marriage license. It serves as a reminder that the absence of a valid marriage license can render a marriage void, affecting the rights and obligations of the parties involved.
What is the role of the State in marriages?	The requirement and issuance of a marriage license demonstrates the State’s involvement and participation in every marriage, in the maintenance of which the general public is interested. A marriage license is the authority granted by the State to the contracting parties, after the proper government official has inquired into their capacity to contract marriage.

This case clarifies the critical importance of a marriage license in the Philippines and provides clear guidance for assessing the validity of marriages. It underscores the judiciary’s commitment to upholding legal requirements and protecting the sanctity of marriage while ensuring fairness and due process.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RAQUEL G. KHO v. REPUBLIC, G.R. No. 187462, June 01, 2016