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    G.R. No. 187462, June 01, 2016

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    Zeresh
    This case involves a petition for nullity of marriage filed by Raquel Kho against her husband Veronica Kho and the Republic of the Philippines. The marriage between Raquel and Veronica took place in the early morning hours without a marriage license due to time constraints. The trial court granted the petition for nullity, but the Court of Appeals reversed, finding the lack of a license was a mere defect. The Supreme Court ruled that under the Civil Code, no marriage is valid without a license, and a marriage performed without a license is void. The license requirement demonstrates the state's involvement in marriages and protects the general public interest.

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    © All Rights Reserved
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    G.R. No. 187462, June 01, 2016

    Uploaded by

    Zeresh
    174 views2 pages
    This case involves a petition for nullity of marriage filed by Raquel Kho against her husband Veronica Kho and the Republic of the Philippines. The marriage between Raquel and Veronica took place in the early morning hours without a marriage license due to time constraints. The trial court granted the petition for nullity, but the Court of Appeals reversed, finding the lack of a license was a mere defect. The Supreme Court ruled that under the Civil Code, no marriage is valid without a license, and a marriage performed without a license is void. The license requirement demonstrates the state's involvement in marriages and protects the general public interest.

    Original Description:

    Persons and Family Relations

    Original Title

    KHO-vs-Republic

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    This case involves a petition for nullity of marriage filed by Raquel Kho against her husband Veronica Kho and the Republic of the Philippines. The marriage between Raquel and Veronica took place in the early morning hours without a marriage license due to time constraints. The trial court granted the petition for nullity, but the Court of Appeals reversed, finding the lack of a license was a mere defect. The Supreme Court ruled that under the Civil Code, no marriage is valid without a license, and a marriage performed without a license is void. The license requirement demonstrates the state's involvement in marriages and protects the general public interest.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    174 views2 pages

    G.R. No. 187462, June 01, 2016

    Uploaded by

    Zeresh
    This case involves a petition for nullity of marriage filed by Raquel Kho against her husband Veronica Kho and the Republic of the Philippines. The marriage between Raquel and Veronica took place in the early morning hours without a marriage license due to time constraints. The trial court granted the petition for nullity, but the Court of Appeals reversed, finding the lack of a license was a mere defect. The Supreme Court ruled that under the Civil Code, no marriage is valid without a license, and a marriage performed without a license is void. The license requirement demonstrates the state's involvement in marriages and protects the general public interest.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    RAQUEL G.

    KHO, Petitioner,

    v.

    REPUBLIC OF THE PHILIPPINES AND VERONICA B. KHO, Respondents.

    G.R. No. 187462,


    June 01, 2016

    PERALTA, J.

    FACTS:

    1. Petitioner's parents summoned one Eusebio Colongon, clerk in the office of the
    municipal treasurer, instructing him to arrange and prepare whatever necessary
    papers were required for the intended marriage between petitioner and respondent
    which would be held at around midnight to exclude the public from witnessing the
    ceremony;

    2. Petitioner and Respondent exchanged marital vows in a marriage ceremony


    which took place at around 3AM 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;

    3. Petitioner has never gone to the office of the Local Civil Registrar to apply for
    marriage license and had not seen nor signed any documents in connection with the
    marriage license;

    4. Due to time constraint, the clerk Colongon, was not able to procure the marriage
    license in time for the ceremony.

    5. Petitioner filed for Declaration of Nullity of Marriage before the RTC; trial court
    granted the petition declaring the marriage between petitioner and respondent null
    and void ab initio in the absence of marriage license;

    6. Respondent filed an appeal before the CA which reversed the decision of the
    trial court ruling that the absence of any indication in the marriage certificate that a
    marriage license was issued is a mere defect in the formal requisites of the law
    which does not invalidate the parties' marriage;

    7. Petitioner filed for Motion for Reconsideration but CA denied it, hence the
    instant petition.

    ISSUES:

    WON the marriage is void ab initio in the absence of marriage license

    RULING:
    1
    YES.

    The Court ruled that Article 58 of the Civil Code makes explicit that 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.

    Furthermore, Article 80(3) of the Civil Code also makes it clear that a marriage
    performed without the corresponding marriage license is void, this being nothing
    more than the legitimate consequence flowing from the fact that the license is the
    essence of the marriage contract. The rationale for the compulsory character of a
    marriage license under the Civil Code is that it is the authority granted by the State
    to the contracting parties, after the proper government official has inquired into
    their capacity to contract marriage. Stated differently, 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.

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