In the landscape of Philippine family law, the Affidavit of Cohabitation serves as a potent evidentiary tool. While often associated with the process of getting married without a license under Article 34 of the Family Code, its presence—or the circumstances surrounding its execution—can significantly influence the outcome of a subsequent petition for the declaration of nullity of marriage (commonly referred to as "annulment").
1. The Context: Article 34 of the Family Code
To understand the effect of the affidavit on annulment, one must first understand its purpose. Under Philippine law, a marriage license is a formal requisite for a valid marriage. However, Article 34 provides an exemption:
"No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other."
To avail of this, the parties must execute an Affidavit of Cohabitation, swearing that they have lived together for the requisite five-year period and that no legal bar (like an existing prior marriage) existed during that time.
2. Grounds for Nullity Based on a Falsified Affidavit
The most direct legal effect of an Affidavit of Cohabitation on annulment proceedings occurs when the affidavit is falsified. If a couple executes the affidavit to bypass the license requirement but does not actually meet the 5-year cohabitation rule, the marriage is considered void ab initio (void from the beginning) due to the absence of a valid marriage license.
Key Jurisprudence
In cases like Republic vs. Dayot, the Supreme Court has ruled that if the parties lied in their Affidavit of Cohabitation—specifically regarding the five-year period—the marriage is void. The Court emphasized that the five-year period must be unbroken and exclusive.
- Effect: If an "annulment" petitioner can prove that the parties had not lived together for five years prior to the marriage, the Affidavit is considered a sham, and the marriage is declared non-existent in the eyes of the law.
3. Evidentiary Weight in Psychological Incapacity Cases
While many petitions are filed under Article 36 (Psychological Incapacity), the Affidavit of Cohabitation plays a strategic role in the evidentiary timeline.
- Proof of Pre-intercourse/Pre-marriage behavior: The affidavit serves as a sworn admission of the date the cohabitation began. This allows the court to scrutinize the parties' behavior before the formal ceremony.
- Contradicting Testimony: If a petitioner claims they barely knew the respondent or that the relationship was brief and impulsive, a signed Affidavit of Cohabitation stating they lived together for five years creates a major credibility issue.
- Establishing the "Gravity" of Incapacity: Conversely, if the parties lived together for five years successfully but the marriage collapsed immediately after the wedding, it may be used to argue whether the alleged incapacity is truly "incurable" or merely "refusal/neglect."
4. The "Legal Impediment" Trap
The Affidavit of Cohabitation requires the parties to state there were no legal impediments during the five-year period. This has two major legal consequences in court:
- Bigamy Implications: If it is later discovered that one party was still married to someone else during those five years, the Affidavit is fraudulent. This reinforces the void nature of the second marriage.
- Estoppel: While generally, one cannot be "estopped" from claiming a marriage is void, the execution of the affidavit can be used to impeach the character of a party who now claims they were "forced" or "tricked" into the marriage.
5. Summary of Legal Consequences
| Scenario | Legal Effect on Proceedings |
|---|---|
| False 5-year claim | Leads to a declaration of nullity due to lack of marriage license. |
| Impediment existed | Invalidates the Article 34 exemption; marriage is void. |
| Authentic Affidavit | Strengthens the "presumption of validity" of the marriage, making it harder for a party to claim they didn't consent. |
| Inconsistency | If the affidavit contradicts the petition’s facts, the court may dismiss the case based on lack of merit or "unclean hands." |
6. Practical Implications for Litigants
In Philippine annulment proceedings, the Solicitor General (acting as the "Defender of the Bond") often scrutinizes the Affidavit of Cohabitation. If the affidavit was used to skip the marriage license, the petitioner must be prepared to defend the truth of that five-year stay. If the petitioner admits the affidavit was a mere "shortcut" and the facts therein were false, they are essentially providing the court with the fastest route to a declaration of nullity—though they may also face secondary risks regarding perjury or falsification of public documents.