Case
Republic v CA
Sy v CA
Sevilla v Cardenas
Ruling
Applicable Provision
The certification of due search & Article 3
inability
to
find
record
sufficiently proved the absence
of license issued to Cortez and
Cardenas. As custodians of
public documents, civil registrars
are public officers charged with
the duty, inter alia, of
maintaining a register book
where they are required to enter
all applications for marriage
licenses, including the names of
the applicants, the date the
marriage license was issued and
such other relevant data.
Petitioner raised for the first Article 3
time the issue of the marriage
being void for lack of marriage
license at the time of its
celebration. The date of the
actual celebration of their
marriage and the date of
issuance of their marriage
certificate and marriage license
are different and incongruous.
The
court
relaxed
the
observance of procedure rules in
this case to protect and promote
substantive rights of litigants.
The certification to be issued by Article 3
the Local Civil Registrar must
categorically state that the
document does not exist in his
office or the particular entry
could not be found in the
register despite diligent search.
The certifications issued to the
parties ear the statement that
the Office of the Civil Registrar
could not locate the existence of
the license due to “loaded work”
thus it can be implied that they
did not exert best efforts to
locate such. Moreover, the
absence of the logbook is not
conclusive proof of non-issuance
Silverio v Republic
Cosca v Palaypayon
Aranes v Occiano
of the marriage license. Semper
praesumitor pro matrimonioAlways presume marriage
A person’s sex is an essential Article 2
factor in marriage and family
relations. It is a part of a
person’s legal capacity and civil
status. No such special law in the
Philippines
governing
sex
reassignment and its effects. To
allow such will greatly alter the
laws on marriage and family
relations. It will allow the union
of a man with another man who
has
undergone
sex
reassignment.
Respondent Judge Palaypayon is Article 4
charged administratively for
solemnizing a marriage without
the required marriage license,
not affixing his signature in the
marriage contract and not
furnishing the parties with the
copies of the marriage contracts.
The FC provides the formal
requisites of marriage and
absence of one of the requisites
shall generally render the
marriage void ab initio, while an
irregularity shall not affect the
validity of the marriage but the
party or parties involved shall be
civilly,
criminally
and
administratively liable.