Republic vs.

Dayot
G.R. No. 175581 March 28, 2008 Ponente: Minita V. TOPIC:
Chico-Nazario Marriages
exempt from
license
requirement
Recit Summary:
Republic of the Philippines filed a Petition for Review challenging the Amended Decision of the
Court of Appeals which declared the marriage between Jose Dayot and Felisa void ab initio.

Facts:

Jose Dayot and Felisa Tecson-Dayot were married at the Pasay City Hall solemnized by Rev.
Tomas Atienza. In lieu of a marriage license, Jose and Felisa executed a sworn affidavit stating
therein that both of them had attained the age of maturity, and that being unmarried, they
had lived together as husband and wife for at least five years. Jose filed a Complaint for
Annulment or Declaration of Nullity of Marriage with the Regional Trial Court of Binan, Laguna.
He contended that he did not execute the sworn affidavit stating that he and Felisa had lived
as husband and wife for at least five years, and that his consent through marriage was
secured through fraud. Felisa denied the allegations.

The RTC DISMISSED the complaint for annulment of marriage on the ground that from
testimonies and evidences presented, the marriage celebrated between Jose and Felisa was
valid. Jose filed an APPEAL to the Court of Appeals but found the appeal without merit. The CA
did not accept Jose’s assertion that his marriage was void ab initio for lack of marriage license.
It ruled that the marriage was solemnized under Article 76 of the Civil Code as one of
exceptional character, with the parties executing an affidavit of marriage between man and
woman who have lived together as husband and wife for at least five (5) years. The CA
concluded that the falsity in the affidavit did not affect the validity of the marriage. Jose filed
for a Motion for consideration and was granted by the CA reversing the decision declaring that
the marriage was void ab initio. Felisa sought reconsideration but was denied. Meanwhile, the
Republic of the Philippines, through the OSG, filed a Petition for Review praying that the
Amended Decision be reversed and set aside for lack of merit and that their marriage be
declared valid and subsisting.

Issue: Dispositive: WHEREFORE, Petitions are

Whether or not the marriage between Jose
Dayot and Felisa is void ab initio.
Held:
DENIED. The Amended Decision of the
Court of Appeals declaring the marriage of
Jose Dayot to Felisa Tecson-Dayot void ab
initio is AFFIRMED.

Yes. The marriage is void ab initio. It is not contested that the marriage of Jose and Felis was
performed without a marriage license. In lieu thereof, they executed an affidavit declaring that
they have lived together as husband and wife for at least five years. Under the rules of
statutory construction, exceptions, as a general rule, should be strictly but reasonably
construed. The minimum requirement of five years of cohabitation is an indispensability
carved in the language of the law. It is indubitably established that Jose and Felisa have not
lived together for five years at the time they executed their sworn affidavit and contracted
marriage. If the essential matter in the sworn affidavit is a lie, then it is but a mere scrap of
paper, without force and effect. Hence, it is as if there was no affidavit at all.