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    G.R. No. 159031 NOEL A. LASANAS, Petitioner, People of The Philippines, Respondent

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    Jesse Joe Lagon
    The document discusses two Supreme Court cases related to proving the validity or invalidity of marriages. The first case establishes that a religious wedding alone does not constitute a valid marriage under Philippine law and that a marriage license or affidavit of cohabitation is typically required. The second case discusses allowing a certification from the municipal civil registrar's office as evidence that no marriage license was issued if a diligent search found no record of one. It notes two additional cases that found such certifications to have probative value in determining whether a required license was obtained and therefore whether a marriage was valid.

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    G.R. No. 159031 NOEL A. LASANAS, Petitioner, People of The Philippines, Respondent

    Uploaded by

    Jesse Joe Lagon
    208 views2 pages
    The document discusses two Supreme Court cases related to proving the validity or invalidity of marriages. The first case establishes that a religious wedding alone does not constitute a valid marriage under Philippine law and that a marriage license or affidavit of cohabitation is typically required. The second case discusses allowing a certification from the municipal civil registrar's office as evidence that no marriage license was issued if a diligent search found no record of one. It notes two additional cases that found such certifications to have probative value in determining whether a required license was obtained and therefore whether a marriage was valid.

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    LOML

    Original Title

    Lack of Marriage License

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    The document discusses two Supreme Court cases related to proving the validity or invalidity of marriages. The first case establishes that a religious wedding alone does not constitute a valid marriage under Philippine law and that a marriage license or affidavit of cohabitation is typically required. The second case discusses allowing a certification from the municipal civil registrar's office as evidence that no marriage license was issued if a diligent search found no record of one. It notes two additional cases that found such certifications to have probative value in determining whether a required license was obtained and therefore whether a marriage was valid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    208 views2 pages

    G.R. No. 159031 NOEL A. LASANAS, Petitioner, People of The Philippines, Respondent

    Uploaded by

    Jesse Joe Lagon
    The document discusses two Supreme Court cases related to proving the validity or invalidity of marriages. The first case establishes that a religious wedding alone does not constitute a valid marriage under Philippine law and that a marriage license or affidavit of cohabitation is typically required. The second case discusses allowing a certification from the municipal civil registrar's office as evidence that no marriage license was issued if a diligent search found no record of one. It notes two additional cases that found such certifications to have probative value in determining whether a required license was obtained and therefore whether a marriage was valid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    159031 June 23, 2014


    NOEL A. LASANAS, Petitioner,
    vs.
    PEOPLE OF THE PHILIPPINES, Respondent.

    One of these requisites is a valid marriage license except in those instances


    when this requirement may be excused. There having been no marriage
    license nor affidavit of cohabitation presented to the priest who presided over
    the religious rites, the religious wedding cannot be treated as a valid marriage
    in itself.

    G.R. No. 183896 January 30, 2013


    SYED AZHAR ABBAS, Petitioner,
    vs.
    GLORIA GOO ABBAS, Respondent.

    Syed turned to the office of the Municipal Civil Registrar of Carmona, Cavite
    which had allegedly issued said license. It was there that he requested
    certification that no such license was issued. In the case of Republic v.
    Court of Appeals43 such certification was allowed, as permitted by Sec. 29,
    Rule 132 of the Rules of Court, which reads:

    SEC. 28. Proof of lack of record. – A written statement signed


    by an officer having the custody of an official record or by his
    deputy that after diligent search, no record or entry of a
    specified tenor is found to exist in the records of his office,
    accompanied by a certificate as above provided, is admissible
    as evidence that the records of his office contain no such
    record or entry.

    In the case of Republic, in allowing the certification of the Civil Registrar of


    Pasig to prove the non-issuance of a marriage license, the Court held:

    The above Rule authorized the custodian of the


    documents to certify that despite diligent search, a particular
    document does not exist in his office or that a particular entry of
    a specified tenor was not to be found in a register. As
    custodians of public documents, civil registrars are public
    officers charged with the duty, inter alia, of maintaining a
    register book where they are required to enter all
    applications for marriage licenses, including the names of the
    applicants, the date the marriage license was issued and such
    other relevant data.44
    The Court held in that case that the certification issued by the civil registrar
    enjoyed probative value, as his duty was to maintain records of data relative
    to the issuance of a marriage license.

    In the case of Cariño v. Cariño (G.R. No. 132529. February 2, 2001)


    following the case of Republic,48 it was held that the certification of the Local
    Civil Registrar that their office had no record of a marriage license was
    adequate to prove the non-issuance of said license. The case of Cariño
    further held that the presumed validity of the marriage of the parties had been
    overcome, and that it became the burden of the party alleging a valid
    marriage to prove that the marriage was valid, and that the required marriage
    license had been secured.

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