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  • Kho Vs Republic

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    John Fredrick Bucu
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    The Supreme Court granted the petition and reversed the Court of Appeals' decision. To invalidate a marriage based on lack of a marriage license, the absence must be evident on the marriage contract or supported by certification from the local civil registrar. Here, the petitioner provided certification that the local civil registrar had no record or copy of a marriage license for the parties. The Court held the marriage was void from the beginning since it was solemnized without the required license.

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    Kho vs Republic

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    The Supreme Court granted the petition and reversed the Court of Appeals' decision. To invalidate a marriage based on lack of a marriage license, the absence must be evident on the marriage contract or supported by certification from the local civil registrar. Here, the petitioner provided certification that the local civil registrar had no record or copy of a marriage license for the parties. The Court held the marriage was void from the beginning since it was solemnized without the required license.

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    © All Rights Reserved
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    784 views1 page

    Kho Vs Republic

    Uploaded by

    John Fredrick Bucu
    The Supreme Court granted the petition and reversed the Court of Appeals' decision. To invalidate a marriage based on lack of a marriage license, the absence must be evident on the marriage contract or supported by certification from the local civil registrar. Here, the petitioner provided certification that the local civil registrar had no record or copy of a marriage license for the parties. The Court held the marriage was void from the beginning since it was solemnized without the required license.

    Copyright:

    © All Rights Reserved
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    of 1

    14. Kho vs.

    Republic (SUPRA) Name of Digester: Fred Bucu

    G.R. No. 187462 Date: June 1, 2016 Ponente: Peralta, J.

    Subject / Syllabus Topic: VI. (D) (5) Formal Requisites (a) Marriage License (5) Duties of the Civil Registrar
    Petitioner: Raquel G. Kho Respondent: Republic of the Philippines and Veronica
    Doctrine: Article 58 of the Civil Code
    Recit Summary: To be considered void on the ground of absence of a marriage license, the law requires that the absence of
    such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from the
    local civil registrar that no such marriage license was issued to the parties. The case at hand shows that no such marriage
    license was acquired, which was further proved by a certificate issued from the Municipal Civil Registrar, attesting
    that the Local Civil Registrar did not have a record nor a copy of a marriage license.
    Facts:
    (Please refer to 10. Kho vs. Republic)

    The CA held that since a marriage was, in fact, solemnized between the contending parties, there is a presumption that a
    marriage license was issued for that purpose and that petitioner failed to overcome such presumption. The CA also ruled that
    the absence of any indication in the marriage certificate that a marriage license was issued is a mere defect in the formal
    requisites of the law which does not invalidate the parties’ marriage.

    Petitioner filed a Motion for Reconsideration, but the CA denied it in its Resolution dated January 14, 2009.

    Hence the petition for certiorari with regards to the decision of the CA.

    Issue/s: Ruling:
    W/N a marriage license was truly obtained? Petition granted and the CA’s Decision and Ruling
    reversed and set aside.
    Holding:
    NO. ART. 53. No marriage shall be solemnized unless all these requisites are complied with:
    (1) Legal capacity of the contracting parties;
    (2) Their consent, freely given;
    (3) Authority of the person performing the marriage; and
    (4) A marriage license, except in a marriage of exceptional character.
    - Article 80(3) of the Civil Code also makes it clear that a marriage performed without the
    corresponding marriage license is void, this being nothing more than the legitimate consequence flowing
    from the fact that the license is the essence of the marriage contract.

    Petitioner has never gone to the office of the Local Civil Registrar to apply for marriage license and had not seen much less
    signed any papers or documents in connection with the procurement of a marriage license;

    For all intents and purposes, thus, Petitioner’s and Respondent’s marriage aforestated was solemnized sans the required
    marriage license, hence, null and void from the beginning and neither was it performed under circumstances exempting the
    requirement of such marriage license;

    With regards to the topic at hand:

    To be considered void on the ground of absence of a marriage license, the law requires that the absence of such marriage
    license must be apparent on the marriage contract, or at the very least, supported by a certification from the local civil
    registrar that no such marriage license was issued to the parties.

    Among the pieces of evidence presented by petitioner is a Certification issued by the Municipal Civil Registrar of Arteche,
    Eastern Samar which attested to the fact that the Office of the Local Civil Registrar has neither record nor copy of a
    marriage license issued to petitioner and respondent with respect to their marriage celebrated on June 1, 1972.

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