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  • Alcantara vs. Alcantara

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    Gloria, Melica Ina V.
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    The Supreme Court denied a petition for annulment of marriage. While the petitioner claimed there was no marriage license at the time of the ceremony, the marriage contract and a certification from the local civil registrar reflected that a license was issued. The Court upheld the presumption of validity of marriages and affirmed the lower courts' dismissal of the petition for lack of merit.

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    3. Alcantara vs. Alcantara

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    The Supreme Court denied a petition for annulment of marriage. While the petitioner claimed there was no marriage license at the time of the ceremony, the marriage contract and a certification from the local civil registrar reflected that a license was issued. The Court upheld the presumption of validity of marriages and affirmed the lower courts' dismissal of the petition for lack of merit.

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    © All Rights Reserved
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    11 views2 pages

    Alcantara vs. Alcantara

    Uploaded by

    Gloria, Melica Ina V.
    The Supreme Court denied a petition for annulment of marriage. While the petitioner claimed there was no marriage license at the time of the ceremony, the marriage contract and a certification from the local civil registrar reflected that a license was issued. The Court upheld the presumption of validity of marriages and affirmed the lower courts' dismissal of the petition for lack of merit.

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    © All Rights Reserved
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    of 2

    a.

    Doctrine: Marriage License; Article 35 of the Family Code enumerates


    the instances where marriages are void from the beginning, to wit: (3.)
    Those solemnized without license; A valid marriage license is a
    requisite of marriage under Article 53 of the Civil Code, the absence of
    which renders the marriage void ab initio pursuant to Article 80(3) in
    relation to Article 58 of the same Code.
    b. Case Title: Restituto Alcantara vs. Rosita Alcantara, GR. No. 167746,
    (J. Chico-Nazario) (August 28, 2007)
    c. Facts:
    1. A petition for annulment of marriage was filed by petitioner against
    respondent Rosita A. Alcantara alleging that on 8 December 1982
    he and respondent, without securing the required marriage license.
    2. They got married on 8 December 1982. Petitioner and respondent
    went through another marriage ceremony at the San Jose de
    Manuguit Church in Tondo, Manila, on 26 March 1983.
    3. In 1988, Petitioner prayed that after due hearing, judgment be
    issued declaring their marriage void and ordering the Civil Registrar
    to cancel the corresponding marriage contract and its entry on file.
    4. Respondent asserts the validity of their marriage and maintains that
    there was a marriage license issued. Petitioner has a mistress with
    whom he has three children. Petitioner only filed the annulment of
    their marriage to evade prosecution for concubinage. Respondent,
    in fact, has filed a case for concubinage against petitioner before
    the Metropolitan Trial Court of Mandaluyong City, Branch 60.
    Respondent prays that the petition for annulment of marriage be
    denied for lack of merit.
    5. On 14 February 2000, the RTC of Makati City, Branch 143, rendered
    its Decision dismissing the Petition for lack of merit.
    6. The Court of Appeals rendered its Decision dismissing the petitioner's
    appeal. His Motion for Reconsideration was likewise denied in a
    resolution of the Court of Appeals dated 6 April 2005.
    d. Issue/s: The Honorable Court of Appeals committed a reversible error
    when it ruled that the Petition for Annulment has no legal and factual
    basis despite the evidence on record that there was no marriage
    license at the precise moment of the solemnization of the marriage.
    e. Held: The Court held that Petitioner cannot insist on the absence of a
    marriage license to impugn the validity of his marriage. In this case,
    the marriage contract between the petitioner and respondent reflects a
    marriage license number. A certification to this effect was also issued
    by the local civil registrar of Carmona, Cavite. The presumption is
    always in favor of the validity of the marriage. Every intendment of the
    law or fact leans toward the validity of the marriage bonds. The Courts
    look upon this presumption with great favor. It is not to be lightly
    repelled; on the contrary, the presumption is of great weight.

    Wherefore, premises considered, the instant Petition is Denied for lack


    of merit. The decision of the Court of Appeals dated 30 September
    2004 affirming the decision of the Regional Trial Court, Branch 143 of
    Makati City, dated 14 February 2000, are AFFIRMED. Costs against
    petitioner.

    SO ORDERED.

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