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Eigenman vs. Guerra Facts: Eduardo Eigenman is seeking for the annulment of his marriage to Maryden Guerra.

Reasons given are: (1) at the time of marriage, he was more than 16 ut less than !". he did not have #arental $onsent however% (!) his $onsent was o tained y the use of threats, intimidation and for$e e&er$ised y Maryden's father% and (() marriage li$ense was sworn efore a $oun$ilor of )*, who is not legally authori+ed to administer oaths, therefore li$ense has no legal effe$t. ,efendants $laim that (1) #laintiff re#resented himself to e !- years old% and (!) there was im#lied #arental $onsent sin$e mother was #resent during $eremony. Issue: ./0 marriage was valid Held: 1es, marriage was valid. (1) 2 marriage under a li$ense is not invalidated y the fa$t that the li$ense was wrongfully o tained. 3a$k of authority on the #art of solemni+ing offi$er would not render the marriage void where the essential re4uirements for its validity were #resent. (!) 5arental $onsent, although a formal re4uisite, is not an essential re4uisite to the validity of marriage solemni+ed under a li$ense. Marriage may e voida le without #arental $onsent. 6his $onsent however may e given in any form. 7eing #resent in the $ele ration is an im#lied $onsent. Republic vs CA Facts: 2ngelina *astro is seeking a 8udi$ial de$laration of nullity of her marriage to Edwin *ardenas. *astro $laims that no marriage li$ense was ever issued to them #rior to the solemni+ation of marriage. *ardenas #ersonally attended to the do$uments. Marriage $ontra$t states that a marriage li$ense was issued. 9owever, no re$ord was found in the $ivil registry Issue: ./0 marriage was valid Held: Marriage was null and void e$ause of the a sen$e of a marriage li$ense. 6he $ertifi$ation of :due sear$h and ina ility to find,' una$$om#anied y any $ir$umstan$e of sus#i$ion and #ursuant to Rule 1(! of the rules of $ourt, suffi$iently #roves that the marriage li$ense was not issued. Moreno vs. Bernabe Facts: Marilou filed a $om#laint against ;udge ;ose 7erna e e$ause the latter solemni+ed her marriage without a marriage li$ense. 7erna e said he did so in good faith sin$e groom #romised that the li$ense was forth$oming. Issue: ./0 res#ondent was lia le for solemni+ing marriage without a li$ense. Held: 1es, he is lia le for his mistake renders the marriage invalid. 2 sen$e of any of the essential re4uisites shall generally render the marriage void a initio.

People vs. Borromeo Facts: Elias 7orromeo was $onvi$ted of homi$ide for killing his wife, <usana. ,efense was $laiming that the two were not legally married and that his $rime should e homi$ide and not #arri$ide. Issue: ./0 Elias and <usana were legally married. Held: 1es. Elias admitted that <usana was legitimate wife. 6here is no etter #roof of marriage than the admission of the a$$used of the e&isten$e of marriage. 5ersons living together in a##arent matrimony are #resumed, in the a sen$e of any $ounter #resum#tion or eviden$e s#e$ial to the $ase, to e in fa$t married. 6he #resum#tion in favor of matrimony is one of the strongest known in the law. 6he mere fa$t that no re$ord of the marriage e&ists in the registry of marriage does not invalidate said marriage, as long as in $ele ration thereof, all re4uisites for its validity are #resent. 6he forwarding of the marriage $ertifi$ate to the registry is not one of the said re4uisites. eguisabal vs. Cabrera Facts: 2 don <eguisa al $harged ;udge ;ose *a rera of gross mis$ondu$t in offi$e and gross ignoran$e of the law for having solemni+ed marriage of ;aime <ayson and Marlyn ;agonoy without the a marriage li$ense (art -(, **) and for having failed to transmit a $o#y of the marriage $ontra$t within 1days from the date of solemni+ation (art 6=, **). Res#ondent issued marriage $ontra$t even if the $ivil registrar did not issue a marriage li$ense e$ause of the failure of the #arties to attend the re4uired >amily 5lanning <eminar. Issue: ./0 res#ondent was lia le Held: 1es. <ym#athy $annot serve as a li$ense to deli erately dis#ense with legal re4uisites. !da. de "acob vs. CA Facts: 5edro 5ila#il, $laiming to e the legally ado#ted son of ,r. ;a$o , 4uestioned the validity of marriage etween 6omasa and ado#tive father. /riginal $o#y was lost, no $o#y of the marriage $ontra$t was sent to the lo$al $ivil registrar and there was no re$ord in the ook of re$ords of the $hur$h. 6here was only a re$onstru$ted marriage $ontra$t and the testimony of a #arty and solemni+ing offi$er Issue: ./0 marriage was valid Held: 1es. 6he fa$t of marriage may e shown y e&trinsi$ eviden$e other than the marriage $ontra$t. *ou#le lived together for - years efore marriage and did not need a li$ense. E&e$ution of the $ontra$t $an e #roven y witnesses and solemni+ing offi$er. >ailure to send a $o#y of the $ertifi$ate to registrar does not invalidate the marriage. 6here is also a #resum#tion that a man and a woman de#orting themselves as hus and and wife have entered into a lawful $ontra$t of marriage.

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