De Castro v. Assidao-De Castro 
G.R. No. 160172, February 13, 2008


Case Doctrines:

● The validity of a void marriage may be collaterally attacked. The Court may pass upon the validity of a marriage even in a suit not directly instituted to question the validity of said marriage, so long as it is essential to the determination of the case.

● Other than for purposes of remarriage, no judicial action is necessary to declare a marriage an absolute nullity.

● The falsity of the affidavit cannot be considered as a mere irregularity in the formal requisites of marriage.


Facts:

Reinel and Annabelle applied for a marriage license. However, when they went back to the Office of the Civil Registrar, the marriage license had already expired. In order to push through with the wedding despite of absence of marriage license, they executed an affidavit stating that they had been living together as husband and wife for at least five years.  They got married on the same day before a judge.  After the ceremony, however, they did not live together as husband and wife. In 1995, Annabelle gave birth to a daughter. In 1998, Annabelle filed a complaint for support against Reinel. In his Answer, Reinel claimed that his marriage with Annabelle is void ab initio because the affidavit they jointly executed is a fake as they never cohabited with each other five years before their marriage. The trial court ruled that the marriage is not valid because it was solemnized without a marriage license. However, it declared petitioner as the natural father of the child, and thus obliged to give her support.

Issues: 

1. Whether the trial court had the jurisdiction to determine the validity of the marriage between Reinel and Annabelle in an action for support

2. Is the marriage between the parties valid?

3. Whether the child is the daughter of Reinel.

Held:

1. The trial court had jurisdiction to determine the validity of the marriage between Reinel and Annabelle. The validity of a void marriage may be collaterally attacked. Other than for purposes of remarriage, no judicial action is necessary to declare a marriage an absolute nullity. For other purposes, such as but not limited to determination of heirship, legitimacy or illegitimacy of a child, settlement of estate, dissolution of property regime, or a criminal case for that matter, the court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. This is without prejudice to any issue that may arise in the case. When such need arises, a final judgment of declaration of nullity is necessary even if the purpose is other than to remarry. The clause "on the basis of a final judgment declaring such previous marriage void" in Article 40 of the Family Code connotes that such final judgment need not be obtained only for purpose of remarriage.

2. No. Under the Family Code, the absence of any of the essential or formal requisites shall render the marriage void ab initio, whereas a defect in any of the essential requisites shall render the marriage voidable. The falsity of the affidavit cannot be considered as a mere irregularity in the formal requisites of marriage. The false affidavit which Reinel and Annabelle executed so they could push through with the marriage has no value whatsoever; it is a mere scrap of paper. They were not exempt from the marriage license requirement. Their failure to obtain and present a marriage license renders their marriage void ab initio.

3. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. Thus, one can prove illegitimate filiation through the record of birth appearing in the civil register or a final judgment, an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned, or the open and continuous possession of the status of a legitimate child, or any other means allowed by the Rules of Court and special laws.

The Certificate of Live Birth of the child lists Reinel as the father. In addition, Reinel, in an affidavit waiving additional tax exemption in favor of Annabelle, admitted that he is the father of the child. Reinel also admitted in court that as a result of their sexual dalliances, Annabelle became pregnant which ultimately led to their marriage.