Article 17, Case Digest - Family Code: Alcantara vs. Alcantara

 

 

RESTITUTO M. ALCANTARA, Petitioner,
vs.
ROSITA A. ALCANTARA and HON. COURT OF APPEALS, Respondents.
G.R. No. 167746, August 28, 2007

Facts:

          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.

          On December 8, 1982, he and respondent went to the city hall of Manila for the purpose of looking for someone to marry them. A fixer approached them and offered someone to marry them for a price, even without a marriage license. The petitioner and respondent agreed and they were married. The marriage license that they procured from Carmona Cavite that appeared in their marriage contract was a sham, as neither party lived in Carmona and they never went to Carmona to apply for the said marriage license. In 1988, they parted ways and lived separate lives. 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.

Issue:

          Whether the fake marriage license procured by the parties be a liable ground for the annulment of their marriage.

Held:

          NO. 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. 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.

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