Case Digest (G.R. No. L-8229)
Facts:
Republic of the Philippines, Petitioner, through the Office of the Solicitor General, filed a Rule 45 petition assailing the September 29, 2011 Decision of the Court of Appeals which had affirmed the April 25, 2008 Decision of the Regional Trial Court, Imus, Cavite, declaring the marriage of Liberty D. Albios, Respondent, and Daniel Lee Fringer void ab initio. Albios had married Fringer on October 22, 2004 in Mandaluyong City and on December 6, 2006 filed a petition for declaration of nullity alleging the marriage was entered into as a convenience to obtain American citizenship and thus lacked intent to establish a conjugal life.
Issues:
- Is a marriage contracted for the sole purpose of acquiring foreign citizenship in consideration of $2,000 void ab initio on the ground of lack of consent?
Ruling:
The Court resolved the issue in the negative and GRANTED the petition. The Court ANNULLED the September 29, 2011 Decision of the Court of Appeals and DISMISSED Civil Case No. 1134-06 for utter lack of merit, holding that the marriage between Albios and Fringer remained valid and subsisting.
Ratio:
The Court held that consent under Article 2, Family Code was present because the parties willingly and deliberately entered into the marriage and understood its legal consequences; motive to acquire citizenship is distinct from the existence of consent. A marriage deemed a sham for immigration purposes does not ipso facto render it void under domestic law. A marriage in jest requires a total absence of any intention to be bound, which was not shown here because the parties intended to create the legal tie necessary for immigration. There is no statutory ground under Article 4, Family Code or the enumerated fraud grounds of Article 46 that renders a mutually contrived sham marriage void or voidable, and the ground of fraud under Article 47(3) may only be invoked by an injured party.
Doctrine:
- Article 2, Family Code: valid consent must be freely given and made before a solemnizing officer.
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