Declaration of Nullity of Marriage for Lack of License in the Philippines

Introduction

In the Philippine legal system, marriage is considered a special contract of permanent union between a man and a woman, governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). However, for a marriage to be valid, it must comply with both essential and formal requisites outlined in the law. One critical formal requisite is the procurement of a valid marriage license prior to the solemnization of the marriage. The absence of this license, unless falling under specific exemptions, renders the marriage void ab initio—meaning it is null and void from the very beginning, as if it never existed.

A declaration of nullity is a judicial process that officially recognizes this invalidity. Unlike annulment, which applies to voidable marriages, a declaration of nullity addresses inherently void marriages. This article provides a comprehensive overview of the grounds, legal framework, procedural steps, requirements, effects, and related considerations for seeking a declaration of nullity based on the lack of a marriage license in the Philippine context. It aims to equip individuals with the knowledge to navigate this remedy, emphasizing the importance of legal compliance in marital unions.

Legal Basis and Grounds

The Family Code establishes the foundation for marital validity. Article 2 specifies the essential requisites: (1) legal capacity of the contracting parties, who must be a male and a female, and (2) consent freely given in the presence of the solemnizing officer. Article 3 outlines the formal requisites: (1) authority of the solemnizing officer, (2) a valid marriage license (except in exempted cases), and (3) a marriage ceremony where the parties declare their intent to marry before the solemnizing officer and at least two witnesses.

Article 4 unequivocally states that the absence of any essential or formal requisite shall render the marriage void ab initio. Specifically, Article 35(3) declares marriages solemnized without a marriage license as void from the beginning, unless the marriage qualifies for an exemption under Articles 27 to 34.

Specific Ground: Lack of Marriage License

A marriage license is a document issued by the local civil registrar after a 10-day publication period and verification of the applicants' qualifications, confirming that there are no legal impediments to the marriage. It must be valid at the time of the ceremony and issued by the appropriate authority based on the parties' residences.

The lack of a license invalidates the marriage because it ensures public notice and state oversight, preventing hasty or fraudulent unions. Philippine jurisprudence, such as in the case of Republic v. Dayot (G.R. No. 175581, March 28, 2008), has consistently upheld that non-compliance with this requisite results in a void marriage. Even if the parties lived together as husband and wife or had children, the marriage remains null without the license, absent an exemption.

Exceptions: Marriages Exempt from License Requirement

Not all marriages require a license. The Family Code provides exemptions to accommodate extraordinary circumstances:

Articulo Mortis (Article 27): Marriages where one or both parties are at the point of death, solemnized by a ship captain, airplane chief, military commander, or consul, or in a hospital/chapel by a priest/minister if requested.
Remote Places (Article 28): Marriages in remote areas without means of transportation to the local civil registrar, solemnized by authorized officers.
Marriages Among Muslims or Indigenous Groups (Article 33): Those performed according to religious rites or ancestral customs, provided they are registered.
Cohabitation for Five Years (Article 34): Couples who have lived together as husband and wife for at least five years without legal impediment, executing an affidavit of cohabitation.
Marriages by Ship Captains or Airplane Chiefs (Article 31): During voyages, in cases of imminent death or other urgent situations.
Military Commanders (Article 32): In active military operations, for members of the armed forces or civilians within the zone.
Consular Marriages (Article 10): Between Filipinos abroad, though still requiring compliance with Philippine laws.

If a marriage lacks a license but fits one of these exemptions, it is valid. However, proving the exemption is crucial in any nullity proceeding.

Procedure for Declaration of Nullity

The process is governed by the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC, effective March 15, 2003). This rule streamlines the judicial remedy for void marriages.

Who Can File

Either spouse may file the petition, as void marriages can be impugned by any interested party.
Unlike voidable marriages, there is no prescriptive period; the action can be filed at any time, even after the death of a spouse (e.g., by heirs for property purposes).
Collateral attacks are allowed in other proceedings (e.g., bigamy cases), but a direct petition is required for civil effects like property division.

Jurisdiction and Venue

Exclusive original jurisdiction lies with the Family Courts (Regional Trial Courts designated as such) under Republic Act No. 8369.
Venue: The court where the petitioner or respondent resides, or where the marriage was celebrated if both parties are non-residents.

Step-by-Step Process

Step 1: Pre-Filing Preparation

Consult a lawyer, though not mandatory, to assess the case and gather evidence.
Secure certified copies of relevant documents, such as the marriage certificate (noting the absence of license notation), affidavits, and proof of exemptions' inapplicability.

Step 2: Filing the Petition

Draft and file a verified petition with the Family Court, including:
- Names and addresses of parties.
- Facts showing the marriage's voidness (e.g., no license issued).
- Grounds and supporting evidence.
- Certification against forum shopping.
Pay filing fees (approximately PHP 2,000 to PHP 5,000, plus docket fees based on property value if involved). Indigents may seek exemption.
Attach annexes: Marriage contract, birth certificates of children (if any), and other proofs.

Step 3: Service of Summons

The court issues summons to the respondent, who must file an answer within 15 days.
If the respondent admits the allegations or defaults, the court may proceed to judgment.

Step 4: Pre-Trial and Collusion Investigation

Mandatory pre-trial conference to explore settlement or stipulate facts.
The prosecutor (fiscal) investigates for collusion; if none, the case proceeds.
No compromise on the marriage's validity, but agreements on property or custody are possible.

Step 5: Trial and Evidence Presentation

Petitioner presents evidence first, including testimonies and documents proving lack of license (e.g., certification from the local civil registrar).
Respondent may counter with evidence of exemptions or validity.
Hearings are summary in nature, but full trial if contested.
Psychological evaluation is not required for this ground, unlike psychological incapacity under Article 36.

Step 6: Decision and Appeal

The court renders a decision declaring the marriage null if proven.
The decision is appealable to the Court of Appeals, then the Supreme Court.
Once final, the court issues a decree of nullity, annotated on civil registry records.

Step 7: Registration and Effects

The decree is registered with the local civil registrar and the Office of the Civil Registrar General (Philippine Statistics Authority).
This restores parties to single status, allowing remarriage.

Requirements and Documents

Essential documents include:

Verified petition.
Marriage certificate (CENOMAR if applicable, to show no prior marriages).
Certification from the local civil registrar confirming no license was issued.
Affidavits of witnesses to the ceremony.
Proof of residence for venue.
If children are involved: Birth certificates and proposed custody arrangements.
Property inventory if seeking division.

Evidence must be preponderant, as in civil cases.

Effects of Declaration

On the Marriage

The marriage is deemed never to have existed, erasing all legal ties.

On Children

Children conceived or born before the decree are legitimate (Article 54), entitled to support and inheritance.

On Property

Property regime is co-ownership (Article 147 or 148, depending on good/bad faith).
Liquidation follows civil partnership rules; innocent spouse may claim moral damages.

On Status

Parties revert to single status; subsequent marriages are valid.
No alimony, but support for children.

Criminal Implications

May lead to bigamy charges if a party remarried believing the first marriage valid.

Related Considerations

Common Issues

Bigamous Marriages: If one party was previously married, it compounds grounds under Article 35(1).
Foreign Marriages: Governed by Article 26; lack of license abroad may still void it if contrary to Philippine law.
Good Faith: A party in good faith may retain benefits; bad faith forfeits shares.
Psychological Incapacity: Distinct ground (Article 36); not interchangeable.

Costs and Timeline

Costs: Filing fees, sheriff's fees, publication (if needed); total PHP 50,000–200,000 with lawyer.
Timeline: 6 months to 2 years, depending on court backlog.

Alternatives

If license was fraudulently obtained, it may be a ground for annulment (voidable) under Article 45.
Legal separation or support actions without nullifying the marriage.

Jurisprudence Highlights

Cases like Alcantara v. Alcantara (G.R. No. 167746, August 28, 2007) emphasize strict compliance with requisites.
The Supreme Court stresses public policy in protecting marriage as a social institution.

Conclusion

Declaring a marriage null due to lack of a license underscores the Philippine legal system's emphasis on formalities to safeguard societal interests. While the process provides relief from invalid unions, it involves emotional and financial strain. Individuals facing such situations should seek professional legal advice to ensure compliance and protect rights. Ultimately, adherence to marital laws from the outset prevents the need for such remedies, fostering stable family units in society.