Dean Manuel Ramon I.

Cabrera
Persons and Family Relations
FILIPINA SY vs. COURT OF APPEALS
GR. NO. 127263      

FACTS:

Petitioner Filipina Y. Sy and private respondent Fernando Sy contracted

marriage on November 15, 1973 at the Church of Our Lady of Lourdes in
Quezon City. On September 15, 1983, Fernando left their conjugal dwelling.
Since then, the spouses lived separately, however, their son Frederick
transferred to his father's residence. Filipina filed for legal separation. The Trial
Court dissolved their conjugal partnership of gains and granted the custody of
their children to her. In May 1988, Filipina filed a criminal action for attempted
parricide against her husband after Filipina was punched at the different parts
of her body and was even choked by Fernando when she started spanking their
son when the latter ignored her while she was talking to him. The Trial Court
convicted Fernando only of slight physical injuries. Filipina then filed for the
declaration of absolute nullity of their marriage citing psychological incapacity.
The Trial Court and Appellate Court denied her petition. On her petition to this
Court, she assailed for the first time that there was no marriage license during
their marriage.
ISSUE:

Whether or not the marriage between petitioner and private respondent

is void from the beginning for lack of a marriage license at the time of the
ceremony.

RULING:

The date of celebration of their marriage on November 15, 1973, is

admitted both by petitioner and private respondent. The pieces of evidence on
record showed that on the day of the marriage ceremony, 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, numbered 6237519, was issued in Carmona, Cavite,
yet, neither petitioner nor private respondent ever resided in Carmona. The
marriage license was issued on September 17,1974, almost one year after the
ceremony took place on November 15, 1973 which concluded that the marriage
was indeed contracted without a marriage license. The issue on the
psychological incapacity of private respondent was mooted.
Thus, the petition was granted. The marriage celebrated on November
15, 1973 between petitioner Filipina Yap and private respondent Fernando Sy
is declared void ab initio for lack of a marriage license at the time of celebration.

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CASE DIGEST OF: “Ad Astra Per Aspera” NCC Article: 3, 4

LOPECILLO, MERICHRIS A. JD-1A FAMILY CODE