G.R. No. 233334 - People vs. Salga

Filipina Y. Sy (petitioner) and Fernando Sy (respondent) contracted marriage on November 15, 1973, at the Church of Our Lady of Lourdes, Quezon City. Both were 22 years old at the time.
They had two children: Frederick (born July 8, 1975) and Farrah Sheryll (born February 14, 1978).
The couple initially resided in Singalong, Manila; later moved to Apalit, Pampanga; and finally settled in San Matias, Sto. Tomas, Pampanga.
They operated a lumber and hardware business in Sto. Tomas.

On September 15, 1983, Fernando left the conjugal home. Since then, they lived separately, with the children initially in Filipina’s custody. Their son later transferred to their father’s residence in 1988.
Filipina filed a petition for legal separation on February 11, 1987, which was later amended to a petition for separation of property. Grounds included abandonment without just cause, living separately for more than a year, and a Memorandum of Agreement dated September 29, 1983, governing the dissolution of their conjugal partnership.
The Regional Trial Court (RTC) dissolved their conjugal partnership and approved separation of properties, awarding custody of the children to Filipina.

In May 1988, Filipina filed a criminal complaint for attempted parricide against Fernando based on his physical abuse during an incident involving their son. The RTC Manila convicted Fernando of slight physical injuries and sentenced him to 20 days imprisonment.
Filipina later filed a new petition for legal separation due to repeated physical violence, sexual infidelity, attempted murder, and abandonment. The RTC San Fernando granted legal separation on December 4, 1991, awarding custody of the daughter to Filipina and the son to Fernando.

On August 4, 1992, Filipina filed a petition for absolute nullity of marriage on the ground of psychological incapacity of Fernando at the time of marriage. She cited manifestations such as habitual alcoholism, refusal to live with her, sexual refusal, and his violent behavior.
The RTC denied the petition, ruling that the acts did not constitute psychological incapacity, and found that the psychological incapacity was not shown to have existed at the time of marriage.
The Court of Appeals (CA) affirmed the RTC decision on May 21, 1996, stating that petitioner failed to prove psychological incapacity present at the time of marriage and that the marriage was solemnized with all legal requisites.
Petitioner’s motion for reconsideration was denied by the CA on November 21, 1996.

Petitioner raised before the Supreme Court for the first time that the marriage was void ab initio for lack of a valid marriage license at the time of the marriage ceremony.
The marriage certificate and license showed the marriage license was issued on September 17, 1974, nearly a year after the marriage ceremony on November 15, 1973.
The parties never resided in Carmona, Cavite, where the marriage license was issued.
Documents including marriage contract and birth certificates, admitted in evidence with no objection, confirm these dates.
The Supreme Court undertook to address the validity of the marriage despite procedural rules against raising new issues on appeal because substantial justice required resolving the conflict fully and fairly.

Whether the marriage between Filipina Y. Sy and Fernando Sy is void from the beginning (void ab initio) due to absence of a marriage license at the time of the wedding ceremony.
Whether Fernando Sy suffered from psychological incapacity at the time of the marriage celebration to justify the declaration of absolute nullity of the marriage.