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Salgado vs. Anson G.R. No. 204494, July 27, 2016

Luis Anson filed a complaint against Jo-Ann Diaz-Salgado and Gerard Salgado seeking to annul deeds transferring properties that were part of his conjugal partnership with his late wife Severina de Asis-Anson. Luis alleged he was divested of lawful inheritance. The defendants argued the marriage was invalid for lacking a marriage license. The RTC and CA ruled in favor of Luis. The Supreme Court affirmed, finding that under the Civil Code in effect at the time, a marriage license was required for the marriage between Luis and Severina to be valid. The marriage was not exceptional in nature so as to not require a license.

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85 views1 page

Salgado vs. Anson G.R. No. 204494, July 27, 2016

Luis Anson filed a complaint against Jo-Ann Diaz-Salgado and Gerard Salgado seeking to annul deeds transferring properties that were part of his conjugal partnership with his late wife Severina de Asis-Anson. Luis alleged he was divested of lawful inheritance. The defendants argued the marriage was invalid for lacking a marriage license. The RTC and CA ruled in favor of Luis. The Supreme Court affirmed, finding that under the Civil Code in effect at the time, a marriage license was required for the marriage between Luis and Severina to be valid. The marriage was not exceptional in nature so as to not require a license.

Uploaded by

Joshua Peralta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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3.

Case Title:

Salgado Vs. Anson


G.R. No. 204494, July 27, 2016

Facts:

Luis Anson filed a complaint against Jo-Ann Diaz-Salgado and Gerard Salgado (Spouses Salgado)
seeking the annulment of the three Unilateral Deeds of Sale and the Deed of Extra-Judicial Settlement of
Estate of the Deceased Severina De Asis. Luis alleged in his complaint that he is the surviving spouse of
the late Severina de Asis-Anson. They were married in a civil ceremony on December 28, 1966. Prior to
the celebration of their marriage, Severina gave birth to their daughter, Maria Luisa on December 30,
1965 while Jo-Ann is Severina’s daughter from a previous relationship. During his marital union with
Severina, they acquired several real properties, because there was no marriage settlement between him
and Severina, the above-listed properties pertain to their conjugal partnership. But without his knowledge
and consent, Severina executed three separate Unilateral Deeds of Sale transferring the properties in
favor of Jo-Ann, who secured new certificates of title over the said properties.10 When Severina died
Maria Luisa executed a Deed of Extra-Judicial Settlement of Estate of Deceased Severina de Asis
adjudicating herself as Severina’s sole heir. She secured new TCTs over the properties. Luis claimed that
because of the preceding acts, he was divested of his lawful share in the conjugal properties and of his
inheritance as a compulsory heir of Severina. The Spouses in defense raised the nullity of the marriage
which took effect prior the effectively of the family code for lack of marriage license. RTC and CA
rendered its Decision in favor of Luis.

Issue:

Whether or not the marriage celebrated prior the effectivity of the FC valid in the absence of marriage
license.

Ruling:

No. A cursory examination of the marriage contract of Luis and Severina reveals that no marriage license
number was indicated therein. It also appears therein that no marriage license was exhibited to the
solemnizing officer with Article 77 of Republic Act No. 386 (Civil Code) being cited as the reason therefor.
Article 77 of the Civil Code provides: Art. 77. In case two persons married in accordance with law desire
to ratify their union in conformity with the regulations, rites, or practices of any church, sect, or religion, it
shall no longer be necessary to comply with the requirements of Chapter 1 of this Title and any ratification
made shall merely be considered as a purely religious ceremony.

Doctrine:

The marriage is not of an exceptional character and a marriage license is required for a marriage to be
valid.

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