Case Digests
CASE DIGESTS:
1. ALCANTARA vs. ALCANTARA
FACTS: On Dec. 8, 1982, petitioner Restituto Alcantara and respondent Rosita Alcantara, without securing the required marriage license, went to Manila City Hall for the purpose of marriage. They met a “fixer” and arranged everything for them. A Rev. Aquilino Navarro, a Minister of Gospel of the CDCC Chapel solemnized their wedding. The petitioner and respondent went through another marriage ceremony on March 16, 1983. The marriage was likewise celebrated without the parties securing a marriage license. The alleged marriage license, procured in Carmona, Cavite was a sham for neither party was a resident of the place. In 1988, both parted ways and lived their separate lives. Petitioner filed for the annulment of their marriage on the absence of marriage license.
ISSUE: WON the petition for annulment of marriage on the grounds of not securing the required marriage license is valid?
Held: The court 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. Although it can be deduced that to be considered void on the ground of absence of 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. 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.
Issuance of a marriage license in a city or municipality, not the
1. ALCANTARA vs. ALCANTARA
FACTS: On Dec. 8, 1982, petitioner Restituto Alcantara and respondent Rosita Alcantara, without securing the required marriage license, went to Manila City Hall for the purpose of marriage. They met a “fixer” and arranged everything for them. A Rev. Aquilino Navarro, a Minister of Gospel of the CDCC Chapel solemnized their wedding. The petitioner and respondent went through another marriage ceremony on March 16, 1983. The marriage was likewise celebrated without the parties securing a marriage license. The alleged marriage license, procured in Carmona, Cavite was a sham for neither party was a resident of the place. In 1988, both parted ways and lived their separate lives. Petitioner filed for the annulment of their marriage on the absence of marriage license.
ISSUE: WON the petition for annulment of marriage on the grounds of not securing the required marriage license is valid?
Held: The court 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. Although it can be deduced that to be considered void on the ground of absence of 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. 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.
Issuance of a marriage license in a city or municipality, not the