Title
Ado-an-Morimoto vs. Morimoto
Case
G.R. No. 247576
Decision Date
Mar 15, 2021
Rosario sought nullity of her simulated marriage to Yoshio, claiming no genuine consent or valid license. Courts initially denied, but Supreme Court ruled it void ab initio, upholding marriage sanctity.

Factual Background

Petitioner Rosario D. Ado-an-Morimoto testified that a friend introduced her to Yoshio Morimoto before December 2007 and that she agreed to simulate a marriage solely to facilitate her acquisition of a Japanese visa. On December 5, 2007, she and respondent met at Manila City Hall and signed a blank marriage certificate after being assured that the certificate would not be registered. Rosario averred that no marriage ceremony occurred and that she last saw respondent on that date.

Discovery of Registered Marriage and Documentary Evidence

Petitioner later sought a Certificate of No Marriage and discovered a registered Certificate of Marriage showing a purported marriage to Yoshio Morimoto on December 5, 2007, solemnized by a Reverend Roberto Espiritu and allegedly predicated on Marriage License No. 6120159 issued by the Office of the Civil Registry of San Juan. Petitioner introduced into evidence the Certificate of Marriage, a June 17, 2008 Certification from the Office of the Civil Registrar, National Statistics Office, stating that the office had mistakenly certified that a marriage was solemnized between the parties, and a June 4, 2009 Certification from the Office of the Civil Registrar, San Juan City, stating that no record of Marriage License No. 6120159 was issued to the parties. The San Juan Registration Officer Mary Ann C. Chico authenticated the June 4, 2009 Certification.

Criminal and Prosecutorial Finding

An Assistant City Prosecutor, prior to trial, issued a Report dated September 21, 2011 finding no collusion between petitioner and respondent to obtain a favorable judicial ruling. Petitioner did not escape the risk that her admission of simulating a marriage could expose her to criminal or administrative liability for falsification, yet she maintained that the marriage never actually took place.

Procedural History

Petitioner filed a Petition for Declaration of Nullity of Marriage with the Quezon City Regional Trial Court on October 5, 2009. The Regional Trial Court denied the Petition in a Decision dated January 7, 2016. Petitioner appealed to the Court of Appeals, which denied the appeal in an October 10, 2018 Decision and subsequently denied a Motion for Reconsideration in an April 25, 2019 Resolution. Petitioner then elevated the case to the Supreme Court under Rule 45.

Issues Presented

The principal issue for the Court's resolution was whether the registered marriage between Rosario D. Ado-an-Morimoto and Yoshio Morimoto should be declared null and void ab initio for want of essential and formal requisites of marriage under the Family Code.

Petitioner's Contentions

Petitioner contended that no genuine marriage ceremony occurred, that she and respondent had no bona fide intent to become spouses, and that no marriage license was ever issued to them. She relied on her own admission of simulation, the certifications from civil registrars, and the Assistant City Prosecutor's report to establish that the registered marriage was fictitious.

Trial and Appellate Rulings

The Regional Trial Court denied the Petition for Declaration of Nullity of Marriage. The Court of Appeals affirmed that denial in its October 10, 2018 Decision and denied reconsideration in its April 25, 2019 Resolution. The lower tribunals expressed concern about preserving the sanctity of marriage and about potential misuse of petitions for declaration of nullity.

Supreme Court's Findings on Consent and Simulation

The Court held that consent is an essential requisite of marriage under Family Code, art. 2, and that a simulated marriage lacks the genuine consent necessary to constitute a valid marriage. The Court invoked People v. Santiago to underscore that where parties lack bona fide intention to marry, the purported marriage is void for want of consent. The Court found petitioner's admission that the marriage was simulated to be an admission against interest that afforded strong evidentiary weight. The Court observed that petitioner risked exposure for falsification by making that admission, and thus treated her declarations as credible and corroborative of nonexistence of a genuine marital relationship.

Supreme Court's Findings on Absence of Marriage License

The Court concluded that the registered marriage also lacked the formal requisite of a marriage license under Family Code, art. 3, because the San Juan Civil Registrar certified that no record of Marriage License No. 6120159 existed. The Court applied the doctrine of probative value afforded to certificates of due search by custodians of public records under Section 29, Rule 132, Rules of Court, as explained in Republic v. Court of Appeals and Castro. The Court addressed intervening jurisprudence, noting that Sevilla v. Cardenas had applied an unduly stringent test but that later cases, including Kho v. Republic, clarified that Rule 132 does not require a categorical statement that a diligent search was conducted because the disputable presumption that official duty has been regularly performed under Section 3(m), Rule 131, Rules of Court, supplies that presumption absent affirmative contradiction.

Weighing of Documentary and Testimonial Evidence

The Court found that the June 4, 2009 Certification from the Office of the Civil Registrar, San Juan City, coupled with testimony of the Registration Officer, sufficiently established absence of the alleged marriage license. The Court observed that the National Statistics Office certification admitting a prior mistake in certifying that a marriage was solemnized further reinforced the conclusion that no valid marriage

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