Republic v. Albios Digest
Republic v. Albios Digest
vs.
LIBERTY D. ALBIOS
MENDOZA, J.
NATURE: This is a petition for review on certiorari under Rule 45 of the Rules t of
Court assailing the September 29, 2011 Decision of the Court of Appeals (CA), in
CA-G.R. CV No. 95414, which affirmed the April 25, 2008Decision of the Regional
Trial Court, Imus, Cavite (RTC). declaring the marriage of Daniel Lee Fringer
(Fringer) and respondent Liberty Albios (Albios) as void from the beginning.
FACTS:
Fringer (American citizen) and Albios were married before Judge Ofelia I.
Calo of the Metropolitan Trial Court, Branch 59, Mandaluyong City (MeTC),
as evidenced by a Certificate of Marriage with Register No. 2004-1588.3
Albios filed with the RTC a petition for declaration of nullity of her marriage
with Fringer. She alleged that immediately after their marriage, they separated
and never lived as husband and wife because they never really had any
intention of entering into a married state or complying with any of their
essential marital obligations. She described their marriage as one made in jest
and, therefore, null and void ab initio.
The RTC declared the marriage void ab initio. The RTC was of the view that
the parties married each other for convenience only. Giving credence to the
testimony of Albios, it stated that she contracted Fringer to enter into a
marriage to enable her to acquire American citizenship; that in consideration
thereof, she agreed to pay him the sum of $2,000.00; that after the ceremony,
the parties went their separate ways; that Fringer returned to the United States
and never again communicated with her; and that, in turn, she did not pay him
the $2,000.00 because he never processed her petition for citizenship. The
RTC, thus, ruled that when marriage was entered into for a purpose other than
the establishment of a conjugal and family life, such was a farce and should
not be recognized from its inception. CA affirmed.