Republic vs Dayot

Republic vs Dayot
G.R. No 175581
March 28, 2008


Facts:

On November 1986, Jose and Felisa Dayot were married at Pasay City Hall without a marriage license but had an affidavit that they are at the age of maturity, unmarried and they lived together as husband and wife for at least 5 years. In 1990, Jose contracted another marriage with Rufina Pascual. In 1993, Felisa filed an action for bigamy against Jose. On the other hand, Jose filed a complaint for annulment and  declaration of nullity of marriage where he contended that his marriage with Felisa was a sham and his consent was secured through fraud. Jose and Felisa started living together in June of 1986.

Issue:

Whether or not the marriage is void because of falsity of the affidavit.

Held:

The exception of a marriage license applies only to those who have lived together as husband and wife for at least 5 years. Jose and Felisa were married without a marriage license and neither did they meet the 5 year requirement so as to be excempted fro the requirement of marriage license. Hence, their marriage is void. If the essential matter in the sworn affidavit is a lie, then it is but a mere scrap of paper, without fore and effect. Hence it is as if there was no affidavit at all.

Comments

Post a Comment

Popular posts from this blog

people vs dela torre- yadao

PEOPLE OF THE PHILIPPINES VS. HON. DELA TORRE-YADAO, ET AL. G.R. No. 162144-54 ; 13 November 2012 FULL TEXT Facts: This case, which involves the alleged summary execution of suspected members of the Kuratong Bale/eng Gang, is once again before this Court this time questioning, among other things, the trial qmrt's determination of the absence of probable cause and its dismissal of the criminal actions. 1 On review, however, the Office of the Ombudsman reversed the finding and filed charges of murder against the police officers involved before the Sandiganbayan in Criminal Cases 23047 to 57, except that in the cases of respondents Zubia, Acop, and Lacson, their liabilities were downgraded to mere accessory. On arraignment, Lacson pleaded not guilty. Upon respondents’ motion, the Sandiganbayan ordered the transfer of their cases to the Regional Trial Court (RTC) of Quezon City on the ground that none of the principal accused had the rank of Chief ...
Read more

G.R. No. 131588 People vs De los Santos

G.R. No. 131588 March 27, 2001 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GLENN DE LOS SANTOS, accused-appellant. DAVIDE, JR., J.: Facts: On the early morning of october 5, 1995 Members of the Philippine National Police (PNP), undergoing a Special Training Course (Scout Class 07-95), wearing black T-shirts and black short pants, performing an "Endurance Run" of 35 kilometers coming from their camp in Manolo Fortich, Bukidnon, heading to Regional Training Headquarters in Camp Alagar, Cagayan de Oro City, running in a column of 3, was hit by Glenn was driving his Isuzu Elf causing the death of 13 trainee/members and  injuries to others. After which said accused thereafter escaped from the scene of the incident, leaving behind the victims helpless. Issue: Is Glenn negligent? Ruling : Yes. The test for determining whether a person is negligent in doing an act whereby injury or damage results to the person or property of another is this: Could a ...
Read more

tamondong v pasal

October 18, 2017 A.M. No. rtj-16-2467 ATTY. EDDIE U. TAMONDONG, Petitioner vs. JUDGE EMMANUEL P. PASAL, Presiding Judge, Branch 38, Regional Trial Court, Cagayan De Oro City, Respondent FULL TEXT Facts: On June 21, 2012, the heirs of Enrique Abada (Abada's heirs), represented by his wife and children, filed a case for Quieting of Title, Recovery of Possession, Annulment of Transfer Certificate of Title (TCT) No. T-33060, and Annulment of Extrajudicial Settlement of Estate with Sale,before the Municipal Trial Court in Cities (MTCC) of Opol, Misamis Oriental, against Atty. Tamondong's client, Henmar Development Property Inc. (Henmar) Henmar filed a Petition for Certiorari, Prohibition, and Preliminary Injunction with Prayer for Issuance of a Temporary Restraining Order (TR0) 2 before the RTC, docketed as Special Civil Action No. 2013- 184. The case was raffled to Branch 38, presided by Judge Pasal. On December 23, 2013, Judge Pasal issued a Resolution 3 dismissing the...
Read more