Title
De Castro vs. Assidao-De Castro
Case
G.R. No. 160172
Decision Date
Feb 13, 2008
Couple married with fake affidavit; marriage void, but child deemed illegitimate, entitling her to support from father despite invalid union.

Case Digest (G.R. No. 92163)
Expanded Legal Reasoning Model

Facts:

  • Parties and Relationship
  • Petitioner Reinel Anthony B. De Castro and Respondent Annabelle Assidao-De Castro met in 1991, became sweethearts, and planned marriage.
  • They applied for a marriage license in September 1994 and began sexual relations in October 1994.
  • Marriage Ceremony and Child’s Birth
  • The marriage license expired before their second visit; on 13 March 1995 they executed an affidavit (falsely claiming five years’ cohabitation) and were married by Judge Bernabe without subsequent cohabitation.
  • On 13 November 1995, respondent gave birth to Reinna Tricia A. De Castro, whom respondent solely supported.
  • Proceedings Before the RTC
  • 4 June 1998: Respondent filed a support complaint alleging a valid marriage and petitioner’s abandonment; petitioner denied validity of the marriage (void ab initio due to fake affidavit), non-cohabitation, and paternity.
  • 16 October 2000: RTC Branch 70 ruled the marriage void (lack of license) but declared petitioner the natural father, ordering him to support wife and child.
  • Court of Appeals Decision
  • The CA affirmed support award, holding the child legitimate and marriage valid until annulled, invoking the presumption of a subsisting marriage, petitioner’s refusal of DNA testing, and his uncertain testimony on carnal knowledge.
  • The CA ruled that the RTC lacked jurisdiction to declare nullity in a support suit (absent prosecuting attorney, collusion safeguards), and that nullity must be pursued in a direct action.
  • Supreme Court Proceedings
  • Petitioner’s contentions: the marriage is void due to false affidavit; void marriages may be collaterally attacked; no separate nullity suit needed; child is not his.
  • Respondent’s Comment: petition is dilatory; marriage validity cannot be collaterally attacked; petitioner was evasive and refused DNA testing.
  • OSG’s Comment: supports RTC annulment; cites Niazal v. Bayadog; false affidavit and no license render marriage void; child is illegitimate and entitled to support.

Issues:

  • Jurisdiction
  • Could the RTC determine the validity of the parties’ marriage in an action for support?
  • Filiation
  • Is Reinna Tricia A. De Castro the daughter of petitioner and entitled to support?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.