Republic vs CA and Castro

Republic vs. CA and Castro

GR No. 103047, September 12, 1994

FACTS:

Angelina Castro, with her parents unaware, contracted a civil marriage with Edwin Cardenas.  They did not immediately live together and it was only upon Castro found out that she was pregnant that they decided to live together wherein the said cohabitation lasted for only 4 months.  Thereafter, they parted ways and Castro gave birth that was adopted by her brother with the consent of Cardenas. 

The baby was brought in the US and in Castro’s earnest desire to follow her daughter wanted to put in order her marital status before leaving for US.  She filed a petition seeking a declaration for the nullity of her marriage.  Her lawyer then found out that there was no marriage license issued prior to the celebration of their marriage proven by the certification issued by the Civil Registrar of Pasig.

ISSUE: Whether or not the documentary and testimonial evidence resorted to by Castro is sufficient to establish that no marriage license was issued to the parties prior to the solemnization of their marriage.

HELD:

The court affirmed the decision of CA that the certification issued by the Civil Registrar unaccompanied by any circumstances of suspicion sufficiently prove that the office did not issue a marriage license to the contracting parties.  Albeit the fact that the testimony of Castro is not supported by any other witnesses is not a ground to deny her petition because of the peculiar circumstances of her case.  Furthermore, Cardenas was duly served with notice of the proceedings, which he chose to ignore.

Under the circumstances of the case, the documentary and testimonial evidence presented by private respondent Castro sufficiently established the absence of the subject marriage license.