Title: Alcantara vs. Alcantara G.R. No.

167746
Date: August 28, 2007
Petitioners: Restituto M. Alcantara
Respondents: Rosita A. Alcantara and Hon. Court Of Appeals
Ponente: Justice Chico-Nazario

Facts:
1. Petitioner Restituto Alcantara (P. Alcantara) and Respondent Rosita Alcantara (R.
Alcantara) went to Manila City Hall on Dec. 8, 1982 to get married, without securing the
required marriage license. The two were able to arrange their wedding before Rev.
Aquilino Navarro, a Minister of the Gospel of the CDCC BR Chapel, and get married on
the aforementioned date.
2. On Mar. 26, 1983, P. Alcantara and R. Alcantara went to San Jose de Manungit Church
in Tondo, Manila to go through a marriage ceremony again. And again, no marriage
license was secured.
3. What is on their marriage contract, however, was an alleged marriage license procured in
Carmona, Cavite under No. 7054033 which, the petitioner claims, is a sham as neither of
them lived in Carmona, Cavite and they never went to Carmona to apply for a marriage
license.
4. R. Alcantara gave birth to Rose Ann Alcantara on Oct. 14, 1985. Three years later, they
parted ways. In this case, P. Alcantara wants to annul his marriage to R. Alcantara on
the grounds that they never issued a marriage license.
5. P. Alcantara also has a mistress with whom he has three children. Respondents claim P.
Alcantara wants to annul the marriage only to avoid being prosecuted for concubinage.
Issues: WON P. Alcantara and R. Alcantaras marriage is valid, notwithstanding the alleged
absence of a marriage license.
Relevant Law/s:
Art. 53 of the Civil Code No marriage shall be solemnized unless all these requisites are
complied with:
(1) Legal capacity of the contracting parties;
(2) Their consent, freely given;
(3) Authority of the person performing the marriage; and
(4) A marriage license, except in a marriage of exceptional character.
Ruling: YES.

i.

P. Alcantara cannot insist on the invalidity of his marriage with R. Alcantara as the cases
of:
a. Republic of the Philippines v. Court of Appeals, wherein the local civil registrars
inability to track Marriage License No. 3196182 rendered the marriage void ab
initio or void from the beginning,
b. Cario v. Cario, wherein the marriage contract of the parties one living and one
already deceased bore no marriage license number, and
c. Sy v. Court of Appeals, wherein the marriage license was issued after one year
the wedding ceremony took place,
were all clearly devoid of a marriage license. A certification was even issued by the local
registrar of Carmona, Cavite, confirming the marriage of Mr. Restituto Alcantara and
Miss Rosita Almario on December 8, 1982 under Marriage License No. 7054133.
ii. Even though P. Alcantara attempted to disprove the validity of the license number in his
marriage contract, saying that the local civil registrar issued the license number 7054133
in lieu of No. 7054033 as stated in the contract, he failed to persuade the Court due to the
possibility of the number being a result of typographical error.
iii. P. Alcantara is also, according to the Court, an educated person who knowingly and
voluntarily went to the Manila City Hall to go through a marriage ceremony, and to
Tondo, Manila to celebrate another one.
iv. The presumption is always in favour of the validity of the marriage. P. Alcantara failed
to present any evidence invalidating his.
Conclusion: WHEREFORE, premises considered, the instant Petition is DENIED for lack of
merit.