Raquel Kho v. Republic of the PH

GR 187462      

June 1, 2016

Facts:

             Petitioner’s parents summoned a clerk to arrange necessary papers on one afternoon of May 31, 1972 for the intended marriage of parties herein on the midnight as to exclude the public from witnessing the marriage ceremony. They were only able to fulfill such ceremony at 3AM of June 1, 1972 for reason that there was a public dance held in town plaza that was adjacent to the church and such dance only finished at 2AM. Due to the shortness of period, said clerk was not able to secure them a marriage license. RTC declared their marriage null and void. CA reversed it stating that the marriage was valid and subsisting.

            Issue: W/N CA erred to give due credence to petitioner’s evidence which established the absence or lack of marriage license when the marriage was solemnized.

Held:

            Marriage is void. Art 58 and Art 80 (3) of the Civil Code explicitly provides that no marriage shall be solemnized without a license first issued by the LCR (Art. 58). Marriage performed without the corresponding marriage license is void (Art. 80 (3)). Court favors petitioner.