RESTITUTO M. ALCANTARA, petitioner, v.
ROSITA A. ALCANTARA and HON. COURT OF APPEALS, respondents.
G.R. No. 167746. August 28, 2007
Facts:
A petition for annulment of marriage was filed by petitioner against respondent Rosita A. Alcantara alleging that he and respondent celebrated their marriage twice without securing the required marriage license. The alleged marriage license, procured in Carmona, Cavite, appearing on the marriage contract, is a sham, as neither party was a resident of Carmona, and they never went to Carmona to apply for a license with the local civil registrar of the said place. On 14 October 1985, respondent gave birth to their child Rose Ann Alcantara. In 1988, they parted ways and lived separate lives. Petitioner prayed that after due hearing, judgment be issued declaring their marriage void and ordering the Civil Registrar to cancel the corresponding marriage contract and its entry on file.
Answering petitioner’s petition for annulment of marriage, respondent asserts the validity of their marriage and maintains that there was a marriage license issued as evidenced by a certification from the Office of the Civil Registry of Carmona, Cavite. She had actually gave birth to two children, one as stated by the petitioner and the other was Rachel Ann Alcantara on October 27, 1992. Moreover, petitioner filed the said case in order to evade prosecution for concubinage for he had a mistress with whom he had three children. The case for concubinage was actually filed and that petitioner prays that the annulment case be dismissed for lack of merit.
The Regional Trial Court of Makati City dismissed the petition for lack of merit. The Court of
Appeals dismissed also the petitioner’s appeal. Hence, the appeal to the Supreme Court.
Issue:
Whether or not The Honorable Court of Appeals committed a reversible error when it ruled that the Petition for Annulment has no legal and factual basis despite the evidence on record that there was no marriage license at the precise moment of the solemnization of the marriage
Held:
The certification of Municipal Civil Registrar Macrino L. Diaz of Carmona, Cavite enjoys the presumption that official duty has been regularly performed and the issuance of the marriage license was done in the regular conduct of official business. The presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty. However, the presumption prevails until it is overcome by no less than clear and convincing evidence to the contrary. Thus, unless the presumption is rebutted, it becomes conclusive. Every reasonable intendment will be made in support of the presumption and, in case of doubt as to an officer’s act being lawful or unlawful, construction should be in favor of its lawfulness. Significantly, apart from these, petitioner, by counsel, admitted that a marriage license was, indeed, issued in Carmona, Cavite.
Semper praesumitur pro matrimonio. The presumption is always in favor of the validity of the marriage. Every intendment of the law or fact leans toward the validity of the marriage bonds. The Courts look upon this presumption with great favor. It is not to be lightly repelled; on the contrary, the presumption is of great weight.
