(Labaya, Paolo Bernabe E.
)
Kho v. Republic
June 21, 2016 | Peralta, J. | Duties of the Civil Registrar
PETITIONERS: Raquel G. Kho
RESPONDENTS: Republic of the Philippines and Veronica B. Kho
DOCTRINE/s: Certification issued by the Local Civil Registrar is
tantamount to a duly diligent search and inability to find the record
sought since such officer is charged with keeping a record of all data
relative to the issuance of a marriage license.
FACTS:
1. This is a petition for declaration of nullity of marriage filed by
Raquel Kho. According to Raquel
a. Raquel Kho’s parents summoned Eusebio Colongon, then
clerk in the office of the municipal treasurer instructing said
clerk to arrange and prepare whatever necessary papers were
required for the intended marriage between Raquel and
Veronica. The marriage ceremony was celebrated despite
allegedly having no marriage license.
b. Considering the very short time Eusebio was tasked to
arrange necessary papers for the marriage, no marriage
license could have been validly issued. Hence according
Raquel Kho, no valid marriage happened effectively
rendering their marriage null and void.
c. Raquel presented a certification issued by the municipal civil
registrar which attested to the fact that the Office of the
Local Civil Registrar has neither record nor copy of a
marriage license issued to petitioner and respondent
2. The RTC rendered a decision granting the petition. In ruling so, the
RTC held that evidence fully established the absence of the requisite
marriage license
3. The CA, on the other hand, reversed the ruling of the RTC.
According to the CA, since there was a celebration of marriage, there
is a valid presumption that all requisites were present. Furthermore,
Raquel failed to overcome such presumption. The CA also ruled that
the absence of any indication in the marriage ertificate that a
marriage license was issued is a mere defect in the formal requisites
which does not ivalidate the parties’ marriage.
ISSUE/s:
1. Whether the certificate issued by the local registrar is sufficient to
prove the absence of a valid marriage license issued to Raquel and
Veronica - YES
RULING: WHEREFORE, the instant petition is GRANTED
RATIO:
1. The marriage was celebrated during the effectivity of the Civil Code.
Under the Civil Code, the requisites are:
a. Legal capacity
b. Consent
c. Authority of solemnizing officer
d. Marriage license
2. It is explicit that a marriage license must first be issued by the local
civil registrar before marriage can happen.
3. Under said law also, are grounds for marriages that do not require
marriage license, which the case does not fall under any of those
grounds.
4. In the Civil Code, marriages without the required marriage license
are void.
5. In Carino v Carino, the SC held therein that a certification of the
local civil registrar, that their office had no record of a marriage
license concerning the parties, was adequate to prove the non-
issuance of said license.
6. The OSG argued that the certification must categorically state that
the document does not exist despite diligent search. (Sevilla v
Cardenas)
7. The SC however said, and ruled in Republic v CA, that the SC
considered the certification issued by the local civil registrar as a
certification of due search and inability to find the record despite the
absence of the abovementioned categorical statement. Such
certification is accorded probative value since such officer is charged
with keeping a record of all data relative to the issuance of a
marriage license.