Introduction

In the Philippine legal system, marriage is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). One of the key requirements for a valid marriage is the procurement of a marriage license, as stipulated under Article 3 of the Family Code. However, Article 34 provides an exception to this rule, allowing couples who have lived together as husband and wife for at least five years without any legal impediment to marry without a license. This exception requires the submission of an affidavit attesting to the cohabitation and the absence of impediments.

When this affidavit is found to be false—meaning the couple did not actually cohabit for the required period or there existed a legal impediment—the marriage may be declared null and void ab initio (from the beginning). This nullity arises because the marriage was solemnized without a valid license, rendering it void under Article 35(3) of the Family Code. This article explores the grounds for nullity based on a false Article 34 affidavit, the legal process involved, evidentiary considerations, consequences, and related jurisprudential insights, all within the Philippine context.

Legal Basis and Grounds for Nullity

Article 34 of the Family Code: The Exception to the Marriage License Requirement

Article 34 states:

"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. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage."

This provision is rooted in the recognition of de facto unions and aims to legitimize long-term cohabitation without bureaucratic hurdles. The affidavit must be executed by the parties and confirmed by the solemnizing officer. Key elements include:

Cohabitation for at least five continuous years immediately preceding the marriage.
Exclusive cohabitation as husband and wife (not merely as roommates or in a casual relationship).
Absence of legal impediments, such as prior undissolved marriages, minority, or consanguinity.

If any of these elements are misrepresented in the affidavit, the exception does not apply, and the marriage reverts to the general rule requiring a license.

Grounds for Nullity Under Article 35(3)

Article 35 enumerates marriages that are void ab initio. Paragraph 3 provides:

"Those solemnized without license, except those covered by the preceding Chapter."

Since Article 34 falls under the preceding chapter (Chapter 1, Title I), a marriage relying on a false Article 34 affidavit fails to qualify for the exemption. Thus, it is void for lack of a marriage license. Specific grounds include:

False Declaration of Cohabitation Period: If the couple did not cohabit for five years, or the cohabitation was interrupted or non-exclusive, the affidavit is false. For instance, periodic separations or living apart for work could invalidate the claim.
Concealment of Legal Impediments: If one party had a subsisting marriage, was underage, or had other impediments (e.g., under Articles 37-38 on void marriages due to incest or public policy), the affidavit is fraudulent.
Falsity by the Solemnizing Officer: If the officer fails to verify the facts or knowingly affirms a false affidavit, this compounds the invalidity, though the primary ground remains the lack of license.
Fraudulent Intent: While intent is not always required for nullity (as void marriages are inherently invalid), evidence of deliberate falsification can strengthen the case and may lead to criminal liability.

Jurisprudence, such as in Republic v. Dayot (G.R. No. 175581, March 28, 2008), emphasizes that the five-year cohabitation must be continuous and without impediment. In Niñal v. Bayadog (G.R. No. 133778, March 14, 2000), the Supreme Court clarified that the cohabitation must be as "husband and wife," implying a public and exclusive relationship, not hidden or adulterous.

Nullity here differs from annulment (under Article 45), which applies to voidable marriages. Void marriages under Article 35 are inexistent from the start and can be challenged by any interested party at any time, even after death.

Evidentiary Requirements

To establish falsity, the petitioner must prove:

Documentary Evidence: The marriage certificate (which notes reliance on Article 34), the affidavit itself, and records showing lack of cohabitation (e.g., residence certificates, utility bills from separate addresses).
Testimonial Evidence: Witnesses attesting to the couple's living arrangements, such as neighbors, family, or employers confirming separations.
Admissions or Confessions: Statements from the parties admitting the falsity.
Expert Testimony: In rare cases, psychological or sociological experts on the nature of cohabitation.

The burden of proof lies with the petitioner, but once prima facie evidence of falsity is shown, the burden shifts to the respondent to prove compliance with Article 34. Under the Rules of Court, evidence must be preponderant, as family law cases are civil in nature.

The Process for Declaring Nullity

Jurisdiction and Venue

Court: The Regional Trial Court (RTC) designated as a Family Court has exclusive jurisdiction over petitions for nullity of marriage (A.M. No. 02-11-10-SC, Rule on Declaration of Absolute Nullity of Void Marriages).
Venue: Filed in the RTC where either party resides.

Parties Involved

Petitioner: Typically one spouse, but can be any interested party (e.g., children, heirs, or the State via the Solicitor General in collateral attacks).
Respondent: The other spouse.
Mandatory Participation: The Office of the Solicitor General (OSG) must be notified and appear to represent the State, ensuring no collusion.

Steps in the Process

Filing the Petition:
- Prepare a verified petition detailing the facts of the marriage, the false affidavit, and grounds for nullity.
- Attach supporting documents (e.g., marriage certificate, affidavit).
- Pay filing fees (based on the Rules of Court).
Service of Summons:
- Summons served on the respondent, who has 15 days to answer.
Pre-Trial:
- Mandatory pre-trial to explore settlement, stipulate facts, and identify issues.
- Psychological evaluation may be ordered if psychological incapacity is alleged concurrently, though not required here.
Trial:
- Presentation of evidence by both parties.
- Cross-examination of witnesses.
- The court may require a fiscal investigation for collusion.
Decision:
- If nullity is granted, the marriage is declared void ab initio.
- The decision is appealable to the Court of Appeals, then the Supreme Court.
Post-Judgment:
- Liquidation of properties under Article 147 (co-ownership for void marriages without good faith) or Article 148 (if in bad faith).
- Registration of the judgment with the Civil Registrar for annotation on records.
- Custody and support of children determined; children from void marriages are legitimate if conceived in good faith (Article 54).

The process typically takes 1-3 years, depending on court backlog and complexity.

Consequences of Nullity

Civil Consequences

Marital Status: Parties are considered never married; they revert to single status.
Property Regime: Properties acquired during the "marriage" are co-owned if both contributed in good faith (Article 147). If bad faith (e.g., knowing falsity), the guilty party forfeits share (Article 148).
Children: Legitimate if conceived or born before the nullity decree (Article 54). Custody follows the best interest of the child (Article 213).
Support and Inheritance: No spousal support post-nullity, but child support continues. Inheritance rights are voided as between "spouses."

Criminal Consequences

Falsification of Public Document (Article 172, Revised Penal Code): Punishable by prisión correccional if the affidavit is falsified.
Illegal Marriage (Article 350, RPC): If the solemnizing officer knowingly performs without license.
Bigamy: If a prior marriage was concealed, leading to separate charges.

Other Implications

Immigration and Benefits: Any benefits derived from the marriage (e.g., spousal visas) may be revoked.
Psychological and Social Impact: While not legal, nullity can affect mental health; counseling is advisable.

Jurisprudential Developments

Supreme Court decisions reinforce strict compliance:

In Abbas v. Abbas (G.R. No. 183896, January 30, 2013), the Court voided a marriage for lack of license where cohabitation was not proven.
Republic v. Castro (G.R. No. 103047, September 2, 1994) highlighted that affidavits must be truthful, and falsity renders the marriage void.
Recent cases under A.M. No. 02-11-10-SC emphasize due process and state interest in marriage validity.

Amendments or related laws, such as Republic Act No. 10655 (allowing midwives to solemnize under Article 34 in remote areas), do not alter the nullity grounds but expand application.

Challenges and Defenses

Common challenges include proving cohabitation (e.g., lack of records in informal settings). Defenses may argue good faith reliance on the affidavit or estoppel if the petitioner participated in the falsity. However, void marriages cannot be ratified (Article 4).

Conclusion

Nullity based on a false Article 34 affidavit protects the sanctity of marriage by ensuring exemptions are not abused. It underscores the importance of honesty in marital declarations. Parties contemplating marriage under this provision should verify facts meticulously, and those suspecting falsity should seek legal counsel promptly to navigate the judicial process. This remedy, while rigorous, upholds the Family Code's goal of stable family units.