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(Voidable Marriage)

Herminia Borja-Mariano was married to the late David Manzano on May 21, 1966. They
had four children. However, on March 22, 1993, David contracted another marriage with
Luzviminda Payao before Infanta, Pangasinan MTC Judge Roque Sanchez. During that
time, Payao was also married to Domingo Relos. Payao and David issued an affidavit
stating that they were both married however due to incessant (no interruption)quarrels,
they both left their families and they no longer communicated with them. They have
lived together as husband & wife for 7 years. Judge agreed to solemnize the marriage.
Herminia filed charges of gross ignorance of the law against Sanchez.

ISSUE: WON David Manzanos marriage with Payao is valid?

HELD: NO. Sanchez fined P20,000.00

1. FC Art. 34: legal ratification of marital cohabitation exempts a couple from obtaining
a marriage license but the ff requisites must be present:

lived together as husband & wife for at least five years


no legal impediment to marry each other


fact of absence of legal impediment must be present at time of marriage

affidavit stating that theyve been living together for at least 5 years & without
legal impediments

solemnizing officer should execute sworn statement that he ascertained
qualifications of contracting parties.
2. None of requisites were present. They declared that they were separated but judge
still solemnized marriage. Mere separation and free & voluntary cohabitation with
another person do not dissolve the marriage tie. Cohabitation for at least five years
exempts them from the marriage license but it does not free them of their legal
impediment to contract a subsequent marriage.
3. Marriage was void & bigamous. Judge displayed gross ignorance of the law.