Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
ISSUE: Whether or not their marriage is valid in the absence of the marriage license
HELD: The Philippine Supreme Court confirmed that the absence of a marriage license is a ground for voiding a marriage. The failure to prove that a valid marriage license was issued to a couple shows that their marriage is void ab initio because a marriage license is one of the formal requisites of a valid marriage. The Supreme Court voided Syed and Glorias marriage. The non -existence of the marriage license was proven by a certification from the Municipal Civil Registrar which should have issued the license in the first place. The civil registrar is public officer charged with the duty of maintaining a register book for marriage licenses and other relevant data and records relative to the issuance thereof. Its certification has probative value compared to the failure of Gloria to present the actual marriage license before the Court. The High Court explained that Article 4 of the Family Code provides that a marriage is void ab initio in the absence of any of the essential or formal requisites under Articles 2 and 3 of the Code among which is a valid marriage license. In this case, Gloria failed to present the marriage license or a copy thereof before the Court. There were no documentary or testimonial evidence to support her claim that the marriage license was actually and validly secured. The certification of the Municipal Civil Registrar that their office had no record of the issuance of marriage license in their names adequately disproved her claim. The presumed validity of the marriage between the parties has been overcome.