Parungao, Abesamis, Eleazar & Pulgar Law Offices For Private Respondent
Parungao, Abesamis, Eleazar & Pulgar Law Offices For Private Respondent
Parungao, Abesamis, Eleazar & Pulgar Law Offices For Private Respondent
FACTS:
Angelina Castro, with her parents unaware, contracted a civil marriage with Edwin Cardenas. They did
not immediately live together, and it was only upon Castro found out that she was pregnant that they
decided to live together wherein the said cohabitation lasted for only 4 months. Thereafter, they parted
ways and Castro gave birth that was adopted by her brother with the consent of Cardenas.
The baby was brought in the US and in Castro’s earnest desire to follow her daughter wanted to put in
order her marital status before leaving for US. She filed a petition seeking a declaration for the nullity of
her marriage. Her lawyer then found out that there was no marriage license issued prior to the
celebration of their marriage proven by the certification issued by the Civil Registrar of Pasig.
HELD:
The trial court denied the petition. It held that the above certification was inadequate to establish the
alleged non-issuance of a marriage license prior to the celebration of the marriage between the parties.
It ruled that the "inability of the certifying official to locate the marriage license is not conclusive to
show that there was no marriage license issued."
Unsatisfied with the decision, Castro appealed to respondent appellate court. She insisted that the
certification from the local civil registrar sufficiently established the absence of a marriage license.
As stated earlier, respondent appellate court reversed the Decision of the trial court. It declared the
marriage between the contracting parties null and void and directed the Civil Registrar of Pasig to cancel
the subject marriage contract.
The SC affirmed the decision of CA that the certification issued by the Civil Registrar unaccompanied by
any circumstances of suspicion sufficiently prove that the office did not issue a marriage license to the
contracting parties. Albeit the fact that the testimony of Castro is not supported by any other witnesses
is not a ground to deny her petition because of the peculiar circumstances of her case. Furthermore,
Cardenas was duly served with notice of the proceedings, which he chose to ignore.
Under the circumstances of the case, the documentary and testimonial evidence presented by private
respondent Castro sufficiently established the absence of the subject marriage license.