G.R. NO.

198780, OCTOBER 16, 2013

REPUBLIC OF THE PHILIPPINES v. LIBERTY D. ALBIOS

SUBJECT MATTER PONENTE

Declaration of Nullity of Marriage Justice Jose C. Mendoza

RECITE READY
Liberty Albios married Daniel Lee Fringer, an American citizen, on October 22.
2004 at the Metropolitan Trial Court, Mandaluyong City. On December 6, 2006, Albios
filed with the RTC a petition for declaration of nullity of marriage on the ground that
their marriage was fraudulent in nature and they never intended to get married.

On April 25, 2008, RTC declared the marriage of Albios and Fringer null and void ab
initio on the ground of lack of consent and because of Albios’ intention of acquiring an
American citizenship and Fringer being paid $2,000 for the marriage.

However, petitioner Republic of the Philippines, represented by the Office of the

Solicitor General, filed an appeal that despite Albios and Fringer’s marriage was
contracted for the purpose of obtaining citizenship, the marriage is still valid and does
not lack the essential element of consent.

ISSUE
WON a marriage contracted for the sole purpose of acquiring an American citizenship
and consideration of $2,000 renders it void ab initio on the ground of lack of consent.
RULING
NO. The marriage contracted by Albios and Fringer is valid. The element of consent was
evident as it was not rendered defective by any vice of consent such as fraud, force,
intimidation, and undue influence on either party. They willingly contracted the marriage
to comply with the requirements of acquiring a citizenship, and in return, Fringer will be
given a consideration of $2,000. There was a full and complete understanding of the legal
tie that would be created between them despite the nature and longevity of the marriage.
DOCTRINE/ SUPPLEMENTARY ARTICLES

Consent must be real in the sense that it is rendered invalid by any of the vices of consent
under Articles 45 and 46 of the Family Code, such as fraud, force, intimidation, and undue
influence. None of these are present in the case.

FACTS
 October 22, 2004- Daniel Fringer, an American citizen, and Liberty Albios got
married at the Metropolitan Trial Court, Branch 59, Mandaluyong City.
 December 6, 2006- Albios filed before the RTC a petition for a declaration of nullity
of marriage with Fringer, on the ground of fraudulent marriage and that never lived
as husband and wife. Albios and Fringer entered to a marriage to enable her to
 acquire American citizenship with a consideration of $2,000. However, after the
ceremony, the parties went their separate ways.
 Fringer returned to the United States and never again communicated with her.
 September 13, 2007- Albios led a motion to set case for pre-trial and to admit her
pre-trial brief after the non appearance of Fringer.
 The RTC ordered the Assistant Provincial Prosecutor to conduct an investigation
and determine the existence of a collusion.
 April 25, 2008- RTC declared the marriage void ab initio, viewing the marriage as
something out of convenience only and for acquiring a citizenship.
 Petitioner Republic of the Philippines, represented by the Office of the Solicitor
General (OSG), filed a motion for reconsideration.
 February 5, 2009- RTC denied the motion on the ground that the Albios and Fringer
failed to freely give their consent to the marriage as they had no intention to be
legally bound by it and used it only as a means to acquire American citizenship in
consideration of $2,000.
 OSG filed an appeal before the CA.
 September 29, 2011- CA affirmed the RTC ruling which found that the essential
requisite of consent was lacking.
 OSG then filed for petition for review on certiorari and erred CA on assailing the
decision of RTC, rendering the marriage of Albios to Fringer void due to lack of
consent.
 OSG argued that albeit the intention was for Albios to acquire American citizenship
and for Fringer to be paid $2,000.00, both parties freely gave their consent to the
marriage, as they knowingly and willingly entered into that marriage and knew the
benefits and consequences of being bound by it.