Syv.CA,G.R.No.

127263,April12,2000
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.