Diaz-Salgado vs Anson

G.R. No. 204494

July 27, 2016

JO-ANN DIAZ-SALGADO and husband DR. GERARD C SALGADO, petitioners, vs. LUIS G.
ANSON, respondent

Facts:
Luis Anson is the husband of Severina de Asis-Anson. They had 1 daughter, Maria Luisa
and she was wed to Gasto Maya. Severina had an older daughter to a previous relationship, Jo
Ann Diaz and she was also married to Gerard Salgado. The marriage of Luis and Severina was
solemnized on December 28, 196, prior to the effectivity of the Family Code (EO 209) and was
celebrated without valid marriage license. The law in effect at the time of celebration is the Civil
Code. Luis and Severina acquired several real properties during their marriage. Without
knowledge and consent of Luis, Severina executed 3 Unilateral Deeds of sale transferring then
properties in favor of Jo Ann. When Severina died, Maria Luisa executed a deed of Extra-Judicial
Settlement of Estate Deceased Severina adjudicating herself as the sole heir.
Due to these acts, Luis files a complaint for the annulment of these Deeds against
Spouses Salgado and Spouses Maya. According to him, since there was no marriage settlement,
the properties pertain to their conjugal partnership. And he was divested of his lawful share in
the conjugal properties and of his inheritance as a compulsory heir of Severina.
Jo Ann countered that they were not aware of any marriage between Luis and their
mother Severina but they knew they cohabited as common-law couple which they both
acknowledge and formally terminated through Partition Agreement. Luis went to the US and
married one Teresita. And due to the partition Agreement, without court intervention, both
spouses claim that the properties herewith are separate and exclusive properties of Severina.
Trial ensued and Luis gave testimony and presented certified true copy of marriage
contract (without marriage license indicated). Spouses Salgado and Spouses Maya filed
demurrer to evidence which was later denied. RTC decided in favor of Luis, holding his marriage
with Severina valid. CA affirmed the decision.

Issue:
Whether or not marriage between Severina and Luis is valid even without Marriage
License.

Ruling:
NO, Marriage between Luis and Severina is not valid. Since the marriage was solemnized
prior to the effectivity of the Family Code, the applicable law to determine validity is the Civil
Code. A valid marriage license is a requisite of marriage under Article 53 of the Civil Code. Since
the said marriage did not fall under marriages of exceptional character, the absence of such
license renders the marriage void ab initio pursuant to Article 80(3). Therefore, marriage
between Luis and Severina was void ab initio pursuant to Article 80 (3).