Filipina Sy v.

CA
G.R. No. 127263, April 12, 2000
FACTS: Filipina Sy and Fernando Sy contracted marriage on November 15, 1973 in Quezon
City. They had two children. On September 15, 1983, Fernando left the conjugal dwelling. Since
then, they lived separately with the children in the custody of their mother. On February 11,
1987, Filipina filed a petition for legal separation before the RTC of San Fernando, Pampanga
which was later amended to a petition for separation of property. In 1988, she filed a case of
attempted parricide against Fernando. However, the case was lowered to slight physical
injuries. Petitioner filed for a declaration of absolute nullity of marriage on the ground of
psychological incapacity. It was denied. On appeal, she raised the issue of their marriage being
void ab initio for the lack of marriage license. Their marriage license was obtained on
September 17, 1972 while their marriage was celebrated on November 15, 1973. Hence, the
marriage license was expired already.
Issue: W/N the marriage is valid
Held: No. Evidence shows that there was no marriage license. A marriage license is a formal
requirement; its absence renders the marriage void ab initio. In addition, the marriage contract
shows that the marriage license, was issued in Carmona, Cavite, yet, neither petitioner nor
private respondent ever resided in Carmona. Marriage is void ab initio for lack of marriage
license. Issue on psychological incapacity is hereby mooted.