Alcantara vs Alcantara

GR No. 167746
August 28, 2007

Facts:
The petitioner in this case filed for the annulment of their marriage with herein
respondent Rosita A. Alcantara. It was alleged that the spouses was married twice and in both
instances they did not acquired a valid marriage license.

It was alleged that the marriage license obtained in Carmona was a sham as neither
party was a resident of Carmona, Cavite. With this, the petitioner prayed that after due hearing,
judgment be issued declaring their marriage void and ordering the Civil Registrar to cancel the
corresponding marriage contract and its entry on file.

Issue:
Whether the marriage of the parties was with a valid marriage license

Decision:
Yes, the petitioner and the respondent have a valid marriage license.

Issuance of a marriage license in a city or municipality, not the residence of either of the
contracting parties, and issuance of a marriage license despite the absence of publication or
prior to the completion of the 10-day period for publication are considered mere irregularities
that do not affect the validity of the marriage. An irregularity in any of the formal requisites of
marriage does not affect its validity but the party or parties responsible for the irregularity are
civily, criminaly and administratively liable.

Here, there was a marriage license which was validly issued to the contracting parties
even though they just acquired it through a fixer and either of them was residents of Carmona,
Cavite.

Therefore, the marriage of petitioner had acquired a valid marriage license.