Simulated Marriages Are Void: Protecting the Sanctity of Marriage in the Philippines

Rosario D. Ado-an-Morimoto v. Yoshio Morimoto and the Republic of the Philippines, G.R. No. 247576, March 15, 2021

Imagine discovering that the marriage certificate you thought was just a formality for a visa application has been officially registered, binding you to a stranger in the eyes of the law. This nightmare became a reality for Rosario D. Ado-an-Morimoto, whose simulated marriage to Yoshio Morimoto was declared void by the Supreme Court of the Philippines. The central legal question in this case was whether a marriage, entered into without genuine intent and lacking essential requisites, could be considered valid.

In this case, Rosario and Yoshio agreed to a fake marriage to help Rosario obtain a Japanese visa. They signed a blank marriage certificate, believing it would never be registered. However, the certificate was later found to be officially recorded, leading Rosario to seek a declaration of nullity. The Supreme Court ultimately ruled that the marriage was void ab initio due to its simulated nature and lack of essential requisites.

Legal Context: Understanding Void Marriages in the Philippines

In the Philippines, marriage is considered a special contract under the Family Code, requiring specific essential and formal requisites to be valid. Essential requisites include the legal capacity of the parties and their consent freely given in the presence of a solemnizing officer. Formal requisites include the authority of the solemnizing officer, a valid marriage license, and a marriage ceremony.

According to Article 4 of the Family Code, the absence of any essential or formal requisite renders a marriage void ab initio, except in cases where the solemnizing officer lacks legal authority but both parties believe in good faith that the officer had such authority. This legal framework is crucial in understanding cases like Rosario’s, where the intent to marry was absent.

The term “void ab initio” means that the marriage is considered null from the beginning, as if it never existed. This is distinct from voidable marriages, which are valid until annulled, and marriages with irregularities in formal requisites, which remain valid but may lead to liability for those responsible for the irregularities.

For example, if a couple decides to marry without obtaining a marriage license, believing they qualify for an exemption under Article 34 (living together as husband and wife for at least five years), but they do not meet the criteria, their marriage would be void ab initio due to the lack of a valid marriage license.

Case Breakdown: The Journey of Rosario D. Ado-an-Morimoto

Rosario’s ordeal began when a friend introduced her to Yoshio, suggesting they simulate a marriage to facilitate her visa application. On December 5, 2007, they met at Manila City Hall, signed a blank marriage certificate, and were assured it would not be registered. This was the last time Rosario saw Yoshio.

Later, when Rosario sought a Certificate of No Marriage from the Philippine Statistics Authority, she was shocked to find a registered Certificate of Marriage indicating she had married Yoshio on the same date. The certificate claimed the marriage was officiated by Reverend Roberto Espiritu and was based on Marriage License No. 6120159, issued by the Office of the Civil Registry of San Juan.

Rosario filed a Petition for Declaration of Nullity of Marriage in the Quezon City Regional Trial Court, arguing that the marriage never actually happened and was not backed by a marriage license. Despite presenting evidence, including a certification from the Office of the Civil Registrar stating no record of the marriage license existed, the Regional Trial Court denied her petition.

Rosario appealed to the Court of Appeals, which also denied her appeal. However, the Supreme Court took a different view, emphasizing the importance of genuine consent in marriage:

“A simulated marriage used as a front for illicitly obtaining benefits is totally inexistent, as the parties to it have no genuine intent to enter into marital relations.”

The Supreme Court also highlighted the significance of the certification from the Office of the Civil Registrar, which stated that no marriage license was issued:

“The lack of a marriage license is borne by the evidence, most notably the June 4, 2009 certification of the Office of the Civil Registrar, San Juan City stating that it ‘has no record of Marriage License No. 6120159.’”

Ultimately, the Supreme Court declared the marriage void ab initio, reversing the decisions of the lower courts.

Practical Implications: What This Ruling Means for Future Cases

This ruling reinforces the principle that marriages must be entered into with genuine intent and meet all essential and formal requisites to be valid. It serves as a warning against using marriage as a tool for obtaining benefits or other ulterior motives.

For individuals and couples, this case underscores the importance of understanding the legal requirements for marriage. If you are considering marriage, ensure that you meet all the necessary requisites and that both parties have a genuine intent to enter into the union.

Key Lessons:

• Simulated marriages, entered into without genuine intent, are void ab initio.
• The absence of a marriage license can render a marriage void, even if a certificate is registered.
• Admissions against interest can be powerful evidence in legal proceedings, as seen in Rosario’s case.

Frequently Asked Questions

What is a void marriage?

A void marriage is one that is considered null from the beginning, as if it never existed. In the Philippines, this can occur if essential or formal requisites are absent.

Can a marriage be declared void if it was simulated?

Yes, as seen in Rosario’s case, a marriage entered into without genuine intent to marry is considered simulated and thus void ab initio.

What are the essential requisites of marriage in the Philippines?

The essential requisites are the legal capacity of the contracting parties and their consent freely given in the presence of a solemnizing officer.

What are the formal requisites of marriage in the Philippines?

The formal requisites include the authority of the solemnizing officer, a valid marriage license, and a marriage ceremony with the presence of at least two witnesses of legal age.

How can I prove that a marriage license was not issued?

A certification from the Office of the Civil Registrar stating that no record of the marriage license exists, as in Rosario’s case, can serve as evidence of non-issuance.

What should I do if I discover my marriage was registered without my knowledge?

Seek legal advice immediately. You may need to file a Petition for Declaration of Nullity of Marriage, as Rosario did, to have the marriage declared void.

Can a simulated marriage affect my legal rights?

Yes, a simulated marriage can lead to legal complications, including potential liability for falsification of documents. It’s crucial to address such situations promptly.

What are the risks of entering into a simulated marriage?

Aside from the marriage being void, individuals involved may face criminal, civil, or administrative liability for falsification or other related offenses.

ASG Law specializes in family law and marriage issues. Contact us or email hello@asglawpartners.com to schedule a consultation.