JAIME O. SEVILLA, petitioner, vs. CARMELITA N. CARDENAS, respondent.
G.R. No. 167684. July 31, 2006.
Facts:
Jaime O. Sevilla, herein petitioner, filed a petition for the declaration of nullity of his marriage to Carmelita N. Cardenas, herein respondent, for their marriage was vitiated by machination, duress, and intimidation employed by the respondents Carmelita and her father. He was forced to sign a marriage contract with Carmelita Cardenas before a minister of the Gospel, Rev. Cirilo D Gonzales. Moreover, he alleged that there was no marriage license presented before the solemnizing officer as certified by the Office of the Local Civil Registrar of San Juan, Manila. Actually, it was certified 3 times on the following dates: March 11, September 20, 1994 and July 25, 2000 that marriage license no. 2770792 was nowhere to be found.
On the other hand, the respondent, Carmelita N. Cardenas refuted these allegations of Jaime and claims that they were first civilly married on May 19, 1969 and thereafter married at a church on May 31, 1969 at Most Holy Redeemer Parish in Quezon City. Both were alleged to be recorded in Local Civil Registrar and NSO. He is estopped from invoking the lack of marriage license after having been married to her for 25 years.
The Regional Trial Court of Makati City declared the nullity of marriage of the parties based on the petitioner’s allegations that no marriage license was presented before a solemnizing officer. And that without the said marriage license, being one of the formal requisites of marriage, the marriage is void from the beginning. This was based on the 3 certifications issued by the Local Civil Registrar Manila that marriage license number 220792 was fictitious.
Respondent appealed to the Court of Appeals which reversed and set aside the decision of the trail court in favor of the marriage, because the Local Civil Registrar failed to locate the said license with due effort as testified by certain Perlita Mercader because the former Local Civil registrar had already retired. The petitioner then filed a motion for reconsideration but it was denied by the Court of Appeals. thus, this case was elevated to the Supreme Court.
Issue:
Whether or not the certification made by the Local Civil Registrar of San Juan that Marriage License No. 2770792, as appearing in the marriage contract of the parties, sufficient to declare the marriage void from the beginning
Held:
The presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty. The absence of logbook is not conclusive proof of non-issuance of Marriage License No. 2770792. In the absence of showing of diligent efforts to search for the said logbook, we can not easily accept that absence of the same also means non-existence or falsity of entries therein.
The parties have comported themselves as husband and wife and lived together for several years producing two offsprings, now adult themselves. Thus, the instant petition was denied.
