University of the Philippines College of Law

Block F2022

Topic Formal Requisites of Marriage (Marriage License)

Case No. GR No. 127263

Case Name Sy vs CA

Ponente Quisumbing, J.

RELEVANT FACTS

On November 15, 1973, Filipina Sy and Fernando Sy were married in Quezon City.
Thereafter, the couple had two children and after sometime, Fernando left their conjugal dwelling.
Their son, Frederick, went to his fathers residence. Filipina then filed an action for legal separation in
which the RTC ruled to dissolve the conjugal partnership of gains and granted custody of the children to
her.
One day, Filipina sustained slight physical injuries after Fernando assaulted her for spanking their son.
RTC convicted Fernando for slight physical injuries. Filipina then filed an action to declare the absolute
nullity of their marriage on the ground of psychological incapacity.
RTC denied her petition. In her petition before the SC, she averred that at the time of there marriage,
there was no marriage license.

ISSUE

W/N the marriage is void from the beginning for lack of a marriage license at the time of
solemnization.

RATIO DECIDENDI

Issue Ratio
W/N the marriage Yes.
is void from the
beginning for lack Under Article 80 of the Civil Code. those solemnized without a marriage license, save
of a marriage marriages of exceptional character, are void ab initio. The marriage license was issued
license at the on September 17, 1974, almost one year after the marriage took place on November 15,
time of 1973. The marriage was indeed contracted without a marriage license thus void from the
solemnization beginning.

RULING

WHEREFORE, the the petition is GRANTED. The Decision of the Regional Trial Court of San Fernando,
Pampanga, dated December 9,1993 as well as the Decision promulgated on May 21, 1996 by the Court of
Appeals and its Resolution dated November 21, 1996, in CA-G.R. No. 44144 are set aside. The marriage
celebrated on November 15, 1973 between petitioner Filipina Yap and private respondent Fernando Sy is hereby
declared void ab initio for lack of marriage license at the time of celebration. No pronouncement as to costs.

SO ORDERED.