pfr - digest.docx - Art 2-3 REPUBLIC vs COURT OF APPEALS and CASTRO Diligent search absent marriage license Rule 132 Section 28 FACTS Angelina M Castro

pfr - digest.docx - Art 2-3 REPUBLIC vs COURT OF APPEALS...

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Art 2 -3 REPUBLIC vs. COURT OF APPEALS and CASTRO Diligent search, absent marriage license, Rule 132 Section 28 FACTS: Angelina M. Castro and Edwin F. Cardenas were married on June 24, 1970 without the knowledge of their parents. They cohabitated for only four months and had a baby. Angelina M. Castro wants to leave Philippines with a desire to go to United States, and she wants to settle her issues on their marriage. Upon the work of her lawyer, it was discovered that there was no marriage license at the time of the marriage celebration. DOCUMENTARY EVIDENCE: Civil Registrar issued a Certificate stating that “said license cannot does not appear from our records” TESTIMONIAL EVIDENCE: Castro did not go to the Civil Registrar in Pasig to apply for a marriage license. RTC denied her petition because there was no sufficient evidence. CA reversed this ruling. Petitioner Republic of the Philippines raised the issue of the disregard of the legal presumption of marriage. Are the evidences sufficient to establish the absence of marriage license between Castro and Cardenas? Rules of Court, Rule 132, Section 28 Proof of lack of record. – A written statement signed by an officer having custody of an official record or by his deputy, that after diligent search, no record or entry of specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry. (29) Certification of Due Search and Inability to Find Having done diligent search, the certificate issued by the Civil Registrar enjoys probative value which sufficiently proves that there was no issuance of the marriage license being questioned. DECISION: Under the circumstances of the case, the documentary and testimonial evidence presented by the private respondent Castro sufficiently established the absence of the subject marriage license. MARRIAGE STATUS: VOID AB INITIO due to the absence of marriage license at the time of celebration. FILIPINA SY vs. COURT OF APPEALS New issue on appeal, incongruence of dates, gikulata ang anak, attempted parricide FACTS: Filipina Sy and Fernando Sy were married on November 15, 1973 that during their marriage Fernando left their conjugal dwelling. Filipina filed for a petition legal separation but later amended to filing of dissolution of conjugal partnership on 1987. On 1988 she filed for a criminal case of attempted parricide after the incident in the dental clinic when Fernando punched Filipina, choked her and released her only when he though she was dead. On 1991, a decree of legal separation was granted to her. On 1992, she filed for a petition of declaration of absolute nullity of marriage due to psychological incapacity citing habitual alcoholism among others. RTC denied her petition due to lack of quantum evidence and the CA affirmed decision. Appeal for petition thus the case at bar, for the first time on appeal she raised the issue on the lack of marriage license.
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