The Supreme Court affirmed that a marriage without a valid license is void ab initio, settling property disputes arising from long-term cohabitation. This ruling clarifies how properties acquired during a void marriage are divided, especially concerning the good or bad faith of the parties involved, significantly impacting property rights in similar circumstances.

Love Without License: Dividing Assets After a Fictitious Union

This case revolves around Sally Go-Bangayan and Benjamin Bangayan, Jr., who lived together as husband and wife for many years, acquiring several properties. However, Benjamin was already married to Azucena Alegre when he and Sally purportedly married. Consequently, when their relationship ended, and Sally filed criminal charges against Benjamin using their marriage contract, Benjamin sought a declaration that their marriage was non-existent or null and void. The central issue was the validity of the marriage and the resulting property rights.

The trial court declared the marriage null and void ab initio due to the absence of a valid marriage license. Crucially, the court also addressed the division of properties acquired during the cohabitation. The court determined that Sally acted in bad faith because she knew of Benjamin’s existing marriage to Azucena. Applying Article 148 of the Family Code, the trial court forfeited Sally’s share in certain properties in favor of their children, Bernice and Bentley, while Benjamin’s share reverted to his conjugal ownership with Azucena.

On appeal, the Court of Appeals partly granted the appeal but affirmed the nullity of the marriage. It ruled that the property relations were governed by Article 148 of the Family Code, which applies to couples cohabitating without a valid marriage. According to this article, only the properties acquired through the actual joint contribution of money, property, or industry are owned in common. The appellate court identified which properties belonged exclusively to Benjamin, exclusively to Sally, and which were to be owned in common, adjusting the trial court’s ruling based on evidence of contribution.

Before the Supreme Court, Sally argued that the lower courts erred in finding that she had waived her right to present evidence. She also contended that the courts erred in declaring the marriage null and void and in their decisions regarding the division of property. However, the Supreme Court found no merit in her arguments.

The Supreme Court addressed Sally’s claim that she was denied the right to present evidence, affirming the lower courts’ decisions. The Court emphasized that granting a motion for continuance is discretionary. Here, Sally had been given multiple opportunities to present her evidence but failed to do so. The Court held that her continued refusal to present evidence constituted a waiver of her right. The Supreme Court stated that the trial court has the duty to ensure the trial proceeds despite delays by one of the parties and that Sally was delaying the case in anticipation of a ruling from the Court of Appeals.

Regarding the validity of the marriage, the Supreme Court confirmed that the marriage between Benjamin and Sally was indeed void ab initio. Citing Article 35 of the Family Code, the Court stated that a marriage solemnized without a license is void from the beginning. Evidence presented before the trial court, including testimony from the Local Civil Registrar of Pasig City, confirmed that no valid marriage license had been issued to Benjamin and Sally.

Article 35 of the Family Code states:

Art. 35. The following marriages shall be void from the beginning:

(3) Those solemnized without a license, except those covered by the preceding Chapter;

The Supreme Court also addressed the apparent inconsistency in declaring the marriage both null and void ab initio and non-existent. It clarified that under Article 1409 of the Civil Code, contracts that are absolutely simulated or fictitious are “inexistent and void from the beginning.” Therefore, the Court found no error in the Court of Appeals’ ruling that the marriage was both null and void and non-existent. As such, the Supreme Court aligned its reasoning with prior jurisprudence, further clarifying the application of these principles in cases of void marriages.

The Court also agreed with the Court of Appeals that the property relations between Benjamin and Sally were governed by Article 148 of the Family Code, which applies to cases of cohabitation without a valid marriage. According to this provision, only properties acquired by both parties through their actual joint contribution of money, property, or industry shall be owned by them in common. The Supreme Court affirmed the Court of Appeals’ distribution of properties, considering which assets were acquired through the parties’ joint efforts and which were acquired separately. This ruling reinforced the importance of proving actual contribution to claim co-ownership in such cases.

Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions.

Furthermore, the Supreme Court addressed Sally’s challenge to the trial judge’s refusal to inhibit himself from the case. The Court reiterated that voluntary inhibition is a matter of conscience and sound discretion on the part of the judge. Absent extrinsic evidence of bias, bad faith, or malice, the judge’s decision not to inhibit himself was upheld. The Court found that while the trial judge may have used strong language in the decision, this did not prove prejudice against Sally or bad faith in deciding the case.

FAQs

What was the key issue in this case?	The key issue was determining the property rights of parties in a void marriage, specifically concerning properties acquired during their cohabitation without a valid marriage license. The court also addressed the validity of the marriage itself and whether it could be considered both null and void and non-existent.
What makes a marriage void ab initio?	A marriage is void ab initio (from the beginning) if it lacks essential requisites like a valid marriage license, if one party is already married, or if other specific conditions outlined in the Family Code are present. In this case, the absence of a valid marriage license rendered the marriage void.
How are properties divided in a void marriage?	In void marriages, property relations are governed by Article 148 of the Family Code, which stipulates that only properties acquired through the actual joint contribution of money, property, or industry are owned in common. The proportion of ownership is based on the extent of each party’s contribution.
What is the significance of good or bad faith in property division?	If one party acted in bad faith (e.g., knowing the marriage was invalid), their share in the co-ownership may be forfeited. The party acting in good faith is generally entitled to their share based on their contribution.
What evidence is needed to prove contribution to property acquisition?	To establish contribution, parties must present evidence of their actual joint contribution of money, property, or industry towards the acquisition of the properties in question. Vague claims or assumptions of contribution are generally insufficient.
Can a marriage be considered both null and void and non-existent?	Yes, the Supreme Court clarified that a marriage can be both null and void ab initio and non-existent. This is because a marriage without essential requisites (like a license) is considered void from the beginning and, if absolutely simulated, is also considered non-existent.
What happens to properties registered under “married to” status?	The phrase “married to” on a property title is merely descriptive of the civil status of the registered owner and does not automatically confer co-ownership. Actual proof of contribution is still required to claim co-ownership.
How does a prior valid marriage affect a subsequent marriage?	A prior valid and subsisting marriage renders any subsequent marriage void ab initio due to the principle of indivisibility of marriage. Bigamy charges may also be filed against the party who enters the subsequent marriage.

This case highlights the critical importance of ensuring that all legal requirements are met when entering into a marriage. Furthermore, it underscores the necessity of proving actual contribution when claiming property rights in cases of cohabitation without a valid marriage. These principles offer valuable guidance for parties in similar situations, particularly concerning property rights and the implications of good or bad faith.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: SALLY GO-BANGAYAN v. BENJAMIN BANGAYAN, JR., G.R. No. 201061, July 03, 2013