De Castro v.

Assidao-De Castro
Petitioner: Reinel Anthony B. De Castro
Respondent: Annabelle Assidao-De Castro
Topic: Formal Requisites Marriage License
Summary: Petitioner and respondent applied for a marriage license which
subsequently expired. Thus, they executed an affidavit stating that they had been
living together as husband and wife, and got married. Respondent gave birth to a
child. Respondent filed a complaint of support against petitioner. Petition was
granted by trial court. Petitioner appealed. The court ruled that the trial court had
jurisdiction for determining the validity of the marriage, that the marriage was void
ab initio for the absence of a marriage license, and that the petitioner is the father
of the child and thus, responsible for support.
Facts:
Petitioner and respondent became sweethearts. They planned to get married
and thus applied for a marriage license with the Office of the Civil Registrar of
Pasig City. When the couple went back to the Office of Civil Registrar, the
marriage license had already expired.
In lieu of a marriage license, they executed an affidavit stating that they had
been living together as husband and wife for at least five years. The couple
got married on that day. But after the ceremony, they did not live together as
husband and wife.
Respondent gave birth to Reinna Tricia A. De Castro. Respondent has been
the one supporting the child.
Respondent filed a complaint for support against petitioner.
Trial court ruled that:
1.) Marriage between petitioner and respondent is not valid because it was
solemnized without a marriage license
2.) Petitioner is the natural father of the child, and thus obliged to give her
support.
Issues:
1. WoN the trial court had jurisdiction to determine the validity of the marriage
between petitioner and respondent in an action for support
YES
o The validity of a void marriage may be collaterally attacked.
- Ninal v. Bayadog - Other than for purposes of remarriage, no judicial
action is necessary to declare a marriage an absolute nullity. The
court may pass upon the validity of marriage even in a suit not
directly instituted to question the same so long as it is essential to
the determination of the case.
- Nicdao Carino v. Yee Carino Court ruled that it is clothed with
sufficient authority to pass upon the validity of two marriages
(despite the main case being a claim for death benefits)
MAIN ISSUE: Whether or not the marriage is void
YES

Under the Family Code, the absence of any of the essential or formal
requisites shall render the marriage void ab initio, whereas a defect in
any of the essential requisites shall render the marriage voidable.
- MARRIAGE LICENSE: From the evidence presented, petitioner and
respondent did not have a marriage license when they contracted
their marriage. The failure to obtain and present a marriage license
renders their marriage void ab initio.
- AFFIDAVIT: They presented the affidavit. However, respondent
herself admitted the falsity of affidavit during the crossexamination.
- Falsity of the affidavit cannot be considered as a mere irregularity in
the formal requisites of marriage.
Aim of marriage license avoid exposing parties to humiliation,
shame and embarrassment
- In the case, there was no scandalous cohabitation to protect;
there was no cohabitation at all.
2. WoN the child is the daughter of the petitioner
YES
o The child is petitioners illegitimate daughter, and therefore entitled to
support.
- Illegitimate children may establish their illegitimate filiation in the
same way and on the same evidence as legitimate children.
- Certificate of Live Birth of the child lists petitioner as the father
- Affidavit waiving additional tax exemption in favor of respondent
petitioner admitted that he is the father of the child
o