Perfam Kho Vs Republic

RAQUEL G. KHO v. REPUBLIC, GR No.
187462, 2016-06-01
Facts:
the present petition for review on certiorari are the Decisio... and Resolution... of the Court
of Appeals... reversed and set aside the Decision... of the Regional Trial Court (RTC)...
which ruled in petitioner's favor in an action he filed for declaration of nullity of his marriage
with private respondent, while the CA Resolution denied petitioners' motion for
reconsideration.
The present petition arose from a Petition for Declaration of Nullity of Marriage filed by
herein petitioner with the RTC
Sometime in the afternoon of May 31, 1972, petitioner's parents summoned one Eusebio
Colongon, now deceased, then clerk in the office of the municipal treasurer, instructing said
clerk to arrange and prepare whatever necessary papers were required for the intended
marriage between petitioner and respondent supposedly to take place at around midnight...
of June 1, 1972 so as to exclude the public from witnessing the marriage ceremony;
Petitioner and Respondent thereafter exchanged marital vows in a marriage ceremony
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;
Considering the shortness of period from the time the aforenamed clerk of the treasurer's
office was told to obtain the pertinent papers... no marriage license therefore could have
been validly issued, thereby rendering the marriage solemnized on even date null and void
for want of the most essential requisite... the RTC rendered its Decision granting the petition
The RTC found that petitioner's evidence sufficiently established the absence of the
requisite marriage license when the marriage between petitioner and respondent was
celebrated.
the RTC ruled that based on Articles 53(4), 58 and 80(3) of the Civil Code of the
Philippines, the absence of the said marriage license rendered the marriage between
petitioner and respondent null and void ab initio.
Respondent then filed an appeal with the CA... the CA promulgated its assailed
Decision... the Decision... of the Regional Trial Court... is REVERSED and SET ASIDE.
The marriage between the petitioner-appellee Raquel Kho and Veronica Kho is declared
valid and subsisting for all intents and purposes.
it can be deduced that 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.
Issues:
WHETHER OR NOT THE HONORABLE COURT OF APPEALS ERRED IN SETTING
ASIDE OR REVERSING THE LOWER COURT'S JUDGMENT DECLARING THE
MARRIAGE BETWEEN PETITIONER AND RESPONDENT A NULLITY FOR ABSENCE
OF THE REQUISITE MARRIAGE LICENSE.
Ruling:
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.
The rationale for the compulsory character of a marriage license under the Civil Code is that
it is the authority granted by the State to the contracting parties, after the proper
government official has inquired into their capacity to contract marriage... it can be deduced
that 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.
Article 80... of the Civil Code clearly provides that a marriage solemnized without a license
is void from the beginning, except marriages of exceptional character under Articles 72 to
79 of the same Code.
As the marriage license, an essential requisite under the Civil Code, is clearly absent,
the marriage of petitioner and respondent is void ab initio.
WHEREFORE, the instant petition is GRANTED. The Decision and Resolution of the
Court of Appeals, Cebu City, dated March 30, 2006 and January 14, 2009, respectively, in
CA-G.R. CV No. 69218, are REVERSED and SET ASIDE. The Decision of the Regional
Trial Court of Borongan, Eastern Samar, Branch 2, dated September 25, 2000, in Civil Case
No. 464 is REINSTATED.
Principles:
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.
[15] The rationale for the compulsory character of a marriage license under the Civil Code is
that it is the authority granted by the State to the contracting parties, after the proper
government official has inquired into their capacity to contract marriage.
the absence of the subject marriage license which rendered the marriage void.

Perfam Kho Vs Republic

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RAQUEL G. KHO v. REPUBLIC, GR No.

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