Alcantara vs. Alcantara, G. R. No. 167746
Alcantara vs. Alcantara, G. R. No. 167746
On 8 December 1982 he and respondent, without securing the required marriage license, went to
the Manila City Hall for the purpose of looking for a person who could arrange a marriage for them.
They met a person who, for a fee, arranged their wedding. They got married on the same day.
Another marriage was held in a church in Tondo. The marriage was likewise celebrated without the
parties securing a marriage license. The alleged marriage license, procured in Carmona, Cavite,
appearing on the marriage contract, is a sham, as neither party was a resident of Carmona, and they
never went to Carmona to apply for a license with the local civil registrar of the said place. A petition
for annulment of marriage was filed by petitioner against respondent. Rosita however asserts the
validity of their marriage and maintains that there was a marriage license issued as evidenced by a
certification from the Office of the Civil Registry of Carmona, Cavite. Restituto has a mistress with
whom he has three children. Restituto only filed the annulment of their marriage to evade
prosecution for concubinage. Rosita, in fact, has filed a case for concubinage against Restituto.
ISSUE:
HELD:
A valid marriage license is a requisite of marriage under Art 53 of NCC. Their marriage contract
reflects a marriage license number. A certification was also issued by the local civil registrar of
Carmona, Cavite. The certification is precise since it specifically identified the parties to whom the
marriage license was issued. Issuance of a marriage license where none of the parties is resident, is
just an irregularity. Marriage is still valid even if the marriage license is issued in a place not the
domicile of the parties.
THIRD DIVISION
DECISION
CHICO-NAZARIO, J.:
Before this Court is a Petition for Review on Certiorari filed by petitioner Restituto Alcantara assailing
the Decision1 of the Court of Appeals dated 30 September 2004 in CA-G.R. CV No. 66724 denying
petitioner’s appeal and affirming the decision2 of the Regional Trial Court (RTC) of Makati City,
Branch 143, in Civil Case No. 97-1325 dated 14 February 2000, dismissing his petition for
annulment of marriage.
Answering petitioner’s petition for annulment of marriage, respondent asserts the validity of their
marriage and maintains that there was a marriage license issued as evidenced by a certification
from the Office of the Civil Registry of Carmona, Cavite. Contrary to petitioner’s representation,
respondent gave birth to their first child named Rose Ann Alcantara on 14 October 1985 and to
another daughter named Rachel Ann Alcantara on 27 October 1992.7 Petitioner has a mistress with
whom he has three children.8 Petitioner only filed the annulment of their marriage to evade
prosecution for concubinage.9 Respondent, in fact, has filed a case for concubinage against
petitioner before the Metropolitan Trial Court of Mandaluyong City, Branch 60. 10 Respondent prays
that the petition for annulment of marriage be denied for lack of merit.
On 14 February 2000, the RTC of Makati City, Branch 143, rendered its Decision disposing as
follows:
2. Petitioner is ordered to pay respondent the sum of twenty thousand pesos (₱20,000.00)
per month as support for their two (2) children on the first five (5) days of each month; and
As earlier stated, 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
2005.12
The Court of Appeals held that the marriage license of the parties is presumed to be regularly issued
and petitioner had not presented any evidence to overcome the presumption. Moreover, the parties’
marriage contract being a public document is a prima facie proof of the questioned marriage under
Section 44, Rule 130 of the Rules of Court.13
In his Petition before this Court, petitioner raises the following issues for resolution:
a. 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.
b. The Honorable Court of Appeals committed a reversible error when it gave weight to the
Marriage License No. 7054133 despite the fact that the same was not identified and offered
as evidence during the trial, and was not the Marriage license number appearing on the face
of the marriage contract.
c. The Honorable Court of Appeals committed a reversible error when it failed to apply the
ruling laid down by this Honorable Court in the case of Sy vs. Court of Appeals. (G.R. No.
127263, 12 April 2000 [330 SCRA 550]).
d. The Honorable Court of Appeals committed a reversible error when it failed to relax the
observance of procedural rules to protect and promote the substantial rights of the party
litigants.14
Petitioner submits that at the precise time that his marriage with the respondent was celebrated,
there was no marriage license because he and respondent just went to the Manila City Hall and
dealt with a "fixer" who arranged everything for them.15 The wedding took place at the stairs in Manila
City Hall and not in CDCC BR Chapel where Rev. Aquilino Navarro who solemnized the marriage
belongs.16 He and respondent did not go to Carmona, Cavite, to apply for a marriage license.
Assuming a marriage license from Carmona, Cavite, was issued to them, neither he nor the
respondent was a resident of the place. The certification of the Municipal Civil Registrar of Carmona,
Cavite, cannot be given weight because the certification states that "Marriage License number
7054133 was issued in favor of Mr. Restituto Alcantara and Miss Rosita Almario" 17 but their marriage
contract bears the number 7054033 for their marriage license number.
The marriage involved herein having been solemnized on 8 December 1982, or prior to the
effectivity of the Family Code, the applicable law to determine its validity is the Civil Code which was
the law in effect at the time of its celebration.
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)18 in relation to Article 58 of the
same Code.19
Article 53 of the Civil Code20 which was the law applicable at the time of the marriage of the parties
states:
Art. 53. No marriage shall be solemnized unless all these requisites are complied with:
The requirement and issuance of a marriage license is the State’s demonstration of its involvement
and participation in every marriage, in the maintenance of which the general public is interested. 21
Petitioner cannot insist on the absence of a marriage license to impugn the validity of his marriage.
The cases where the court considered the absence of a marriage license as a ground for
considering the marriage void are clear-cut.
In Republic of the Philippines v. Court of Appeals,22 the Local Civil Registrar issued a certification of
due search and inability to find a record or entry to the effect that Marriage License No. 3196182
was issued to the parties. The Court held that the certification of "due search and inability to find" a
record or entry as to the purported marriage license, issued by the Civil Registrar of Pasig, enjoys
probative value, he being the officer charged under the law to keep a record of all data relative to the
issuance of a marriage license. Based on said certification, the Court held that there is absence of a
marriage license that would render the marriage void ab initio.
In Cariño v. Cariño,23 the Court considered the marriage of therein petitioner Susan Nicdao and the
deceased Santiago S. Carino as void ab initio. The records reveal that the marriage contract of
petitioner and the deceased bears no marriage license number and, as certified by the Local Civil
Registrar of San Juan, Metro Manila, their office has no record of such marriage license. The court
held that the certification issued by the local civil registrar is adequate to prove the non-issuance of
the marriage license. Their marriage having been solemnized without the necessary marriage
license and not being one of the marriages exempt from the marriage license requirement, the
marriage of the petitioner and the deceased is undoubtedly void ab initio.
In Sy v. Court of Appeals,24 the marriage license was issued on 17 September 1974, almost one year
after the ceremony took place on 15 November 1973. The Court held that the ineluctable conclusion
is that the marriage was indeed contracted without a marriage license.
In all these cases, there was clearly an absence of a marriage license which rendered the marriage
void.
Clearly, from these cases, 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. 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.25 The certification moreover is precise in
that it specifically identified the parties to whom the marriage license was issued, namely Restituto
Alcantara and Rosita Almario, further validating the fact that a license was in fact issued to the
parties herein.
The certification of Municipal Civil Registrar Macrino L. Diaz of Carmona, Cavite, reads:
This is to certify that as per the registry Records of Marriage filed in this office, Marriage License No.
7054133 was issued in favor of Mr. Restituto Alcantara and Miss Rosita Almario on December 8,
1982.
This Certification is being issued upon the request of Mrs. Rosita A. Alcantara for whatever legal
purpose or intents it may serve.26
This certification enjoys the presumption that official duty has been regularly performed and the
issuance of the marriage license was done in the regular conduct of official business. 27 The
presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or
failure to perform a duty. However, the presumption prevails until it is overcome by no less than clear
and convincing evidence to the contrary. Thus, unless the presumption is rebutted, it becomes
conclusive. Every reasonable intendment will be made in support of the presumption and, in case of
doubt as to an officer’s act being lawful or unlawful, construction should be in favor of its
lawfulness.28 Significantly, apart from these, petitioner, by counsel, admitted that a marriage license
was, indeed, issued in Carmona, Cavite.29
Petitioner, in a faint attempt to demolish the probative value of the marriage license, claims that
neither he nor respondent is a resident of Carmona, Cavite. Even then, we still hold that there is no
sufficient basis to annul petitioner and respondent’s marriage. Issuance of a marriage license in a
city or municipality, not the residence of either of the contracting parties, and issuance of a marriage
license despite the absence of publication or prior to the completion of the 10-day period for
publication are considered mere irregularities that do not affect the validity of the marriage. 30 An
irregularity in any of the formal requisites of marriage does not affect its validity but the party or
parties responsible for the irregularity are civilly, criminally and administratively liable. 31
Again, petitioner harps on the discrepancy between the marriage license number in the certification
of the Municipal Civil Registrar, which states that the marriage license issued to the parties is No.
7054133, while the marriage contract states that the marriage license number of the parties is
number 7054033. Once more, this argument fails to sway us. It is not impossible to assume that the
same is a mere a typographical error, as a closer scrutiny of the marriage contract reveals the
overlapping of the numbers 0 and 1, such that the marriage license may read either as 7054133 or
7054033. It therefore does not detract from our conclusion regarding the existence and issuance of
said marriage license to the parties.
Under the principle that he who comes to court must come with clean hands, 32 petitioner cannot
pretend that he was not responsible or a party to the marriage celebration which he now insists took
place without the requisite marriage license. Petitioner admitted that the civil marriage took place
because he "initiated it."33 Petitioner is an educated person. He is a mechanical engineer by
profession. He knowingly and voluntarily went to the Manila City Hall and likewise, knowingly and
voluntarily, went through a marriage ceremony. He cannot benefit from his action and be allowed to
extricate himself from the marriage bond at his mere say-so when the situation is no longer palatable
to his taste or suited to his lifestyle. We cannot countenance such effrontery. His attempt to make a
mockery of the institution of marriage betrays his bad faith.34
Petitioner and respondent went through a marriage ceremony twice in a span of less than one year
utilizing the same marriage license. There is no claim that he went through the second wedding
ceremony in church under duress or with a gun to his head. Everything was executed without nary a
whimper on the part of the petitioner.lavvphi1
In fact, for the second wedding of petitioner and respondent, they presented to the San Jose de
Manuguit Church the marriage contract executed during the previous wedding ceremony before the
Manila City Hall. This is confirmed in petitioner’s testimony as follows—
WITNESS
As I remember your honor, they asked us to get the necessary document prior to the wedding.
COURT
What particular document did the church asked you to produce? I am referring to the San Jose de
Manuguit church.
WITNESS
COURT
WITNESS
I think they asked us for documents and I said we have already a Marriage Contract and I don’t
know if it is good enough for the marriage and they accepted it your honor.
COURT
In other words, you represented to the San Jose de Manuguit church that you have with you already
a Marriage Contract?
WITNESS
COURT
That is why the San Jose de Manuguit church copied the same marriage License in the Marriage
Contract issued which Marriage License is Number 7054033.
WITNESS
The logical conclusion is that petitioner was amenable and a willing participant to all that took place
at that time. Obviously, the church ceremony was confirmatory of their civil marriage, thereby
cleansing whatever irregularity or defect attended the civil wedding.36
Likewise, the issue raised by petitioner -- that they appeared before a "fixer" who arranged
everything for them and who facilitated the ceremony before a certain Rev. Aquilino Navarro, a
Minister of the Gospel of the CDCC Br Chapel -- will not strengthen his posture. The authority of the
officer or clergyman shown to have performed a marriage ceremony will be presumed in the
absence of any showing to the contrary.37 Moreover, the solemnizing officer is not duty-bound to
investigate whether or not a marriage license has been duly and regularly issued by the local civil
registrar. All the solemnizing officer needs to know is that the license has been issued by the
competent official, and it may be presumed from the issuance of the license that said official has
fulfilled the duty to ascertain whether the contracting parties had fulfilled the requirements of law. 38
Semper praesumitur pro matrimonio. The presumption is always in favor of the validity of the
marriage.39 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.
MINITA V. CHICO-NAZARIO
Associate Justice
WE CONCUR:
CONSUELO YNARES-SANTIAGO
Associate Justice
Chairperson
RUBEN T. REYES
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision were reached in consultation before the case was
assigned to the writer of the opinion of the Court’s Division.
CONSUELO YNARES-SANTIAGO
Associate Justice
Chairperson, Third Division
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution, and the Division Chairperson’s Attestation, it
is hereby certified that the conclusions in the above Decision were reached in consultation before
the case was assigned to the writer of the opinion of the Court’s Division.
REYNATO S. PUNO
Chief Justice
Footnotes
1
Penned by Associate Justice Vicente S. E. Veloso with Associate Justices Roberto A.
Barrios and Amelita G. Tolentino, concurring; rollo, p. 25-32.
2
Penned by Judge Salvador S. Abad Santos; CA rollo, pp. 257-258.
3
Docketed as Civil Case No. 97-1325.
4
Crusade of the Divine Church of Christ.
5
Annex A, Records, p. 5; Annexes B to C, Records, pp. 6-7.
6
Rollo, pp. 33-36.
7
Id. at 185.
8
TSN, 14 October 1999, p. 34.
9
Rollo, p. 39.
10
Id. at 46.
11
Id. at 68-69.
12
Id. at 21.
13
Sec. 44. Entries in official records. – Entries in official records made in the performance of
his duty by a public officer of the Philippines, or by a person in the performance of a duty
specially enjoined by law, are prima facie evidence of the facts therein stated.
14
Rollo, p. 206.
15
Id. at 209.
16
Records p. 1.
17
Id. at 15-a.
18
(3) Those solemnized without a marriage license, save marriages of exceptional character.
19
Art. 58. Save marriages of an exceptional character authorized in Chapter 2 of this Title,
but not those under article 75, no marriage shall be solemnized without a license first being
issued by the local civil registrar of the municipality where either contracting party habitually
resides.
20
Now Article 3 of the Family Code.
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title;
and
(3) A marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they take
each other as husband and wife in the presence of not less than two witnesses of
legal age.
Art. 4. The absence of any of the essential or formal requisites shall render the
marriage void ab initio, except as stated in Article 35.
A defect in any of the essential requisites shall render the marriage voidable as
provided in Article 45.
21
Niñal v. Bayadog, 384 Phil. 661, 667-668 (2000).
22
G.R. No.103047, 2 September 1994, 236 SCRA 257, 262.
23
G.R. No.132529, 2 February 2001, 351 SCRA 127, 133.
24
386 Phil. 760, 769 (2000).
25
Article 70 of the Civil Code, now Article 25 Family Code, provides:
The local civil registrar concerned shall enter all applications for marriage licenses
filed with him in a register book strictly in the order in which the same shall be
received. He shall enter in said register the names of the applicants, the dates on
which the marriage license was issued, and such other data as may be necessary.
26
Records, p. 15-a.
27
Sec. 3. Disputable presumptions. – x x x
xxxx
(m) That official duty has been regularly performed. (Rule 131, Rules of Court.)
28
Magsucang v. Balgos, 446 Phil. 217, 224-225 (2003).
29
TSN. 23 November 1999, p. 4.
30
Sta. Maria Jr., Persons and Family Relations Law, p. 125.
31
Sempio-Diy, Handbook on the Family Code, p. 8; Moreno v. Bernabe, 316 Phil. 161, 168
(1995).
Abacus Securities Corporation v. Ampil, G.R. No. 160016, 27 February 2006, 483 SCRA
32
315, 337.
33
TSN, 1 October 1998, p. 96.
34
Atienza v. Judge Brilliantes, Jr., 312 Phil. 939, 944 (1995).
35
TSN, 1 October 1998, pp. 33-35.
36
Ty v. Court of Appeals, 399 Phil. 647, 662 2003).
37
Goshen v. New Orleans, 18 US 950.
38
People v. Janssen, 54 Phil. 176, 180 (1929).
Carating-Siayngco v. Siayngco, G.R. No. 158896, 27 October 2004, 441 SCRA 422, 436;
39
Sevilla v. Cardenas, G.R. No. 167684, 31 July 2006, 497 SCRA 428, 443.