Case Summary (G.R. No. 247906)
Petitioner and Respondents
Petitioner: Rosario D. Ado-an-Morimoto
Respondents: Yoshio Morimoto and the Republic of the Philippines
Key Dates
• December 5, 2007 – Petitioner and Yoshio sign a blank marriage certificate at Manila City Hall, with assurance it would not be recorded.
• October 5, 2009 – Petitioner files for declaration of nullity in Quezon City Regional Trial Court.
• January 7, 2016 – R.T.C. denies the petition.
• October 10, 2018 – Court of Appeals affirms denial.
• April 25, 2019 – Court of Appeals denies reconsideration.
• March 15, 2021 – Supreme Court renders its decision.
Applicable Law
Constitutional Basis: 1987 Philippine Constitution
Family Code of the Philippines (Articles 1–4, 27–35)
1997 Rules of Civil Procedure, Rule 45
Rules of Court, Rule 131 (presumption of regularity), Rule 132 (proof of lack of record)
Facts and Procedural History
Prior to December 2007, petitioner agreed to simulate a marriage with Yoshio to facilitate her obtaining a Japanese visa. They signed an unfilled certificate, were assured it would not be registered, and parted ways without any ceremony. Later, petitioner discovered a marriage certificate and license purportedly issued in San Juan City showing their marriage on December 5, 2007. She filed a petition for nullity, presenting certifications from civil-registry offices denying issuance of the license or actual solemnization, and an Assistant City Prosecutor’s report finding no collusion. Both trial and appellate courts denied relief, prompting this Rule 45 petition.
Issue
Whether the purported marriage between petitioner and Yoshio is void ab initio for simulation, lack of essential consent, and absence of a valid marriage license.
Simulated Marriage and Lack of Consent
Under the Family Code, marriage is a special contract requiring free consent before a duly authorized solemnizing officer. Jurisprudence holds that a marriage simulated to evade law or procure benefits is void for lack of genuine consent (e.g., People v. Santiago). Petitioner’s own admission—an unequivocal admission against interest—confirms that no ceremony occurred, no marital intent existed, and the contract was a pure fiction to obtain visa privileges. The Assistant City Prosecutor’s finding of no collusion further supports her credibility.
Absence of Marriage License
Article 3 of the Family Code mandates a valid marriage license as a formal requisite. The Office of the Civil Registrar of San Juan issued a certificate, corroborated by sworn testimony, stating no record of Marriage License No. 61
...continue readingCase Syllabus (G.R. No. 247906)
Facts
- In late 2007, petitioner Rosario D. Ado-an-Morimoto was introduced to respondent Yoshio Morimoto for a simulated marriage to facilitate her acquisition of a Japanese visa.
- On December 5, 2007, Rosario and Yoshio signed a blank marriage certificate at Manila City Hall, allegedly on the assurance it would not be registered.
- Rosario never saw Yoshio again after signing the certificate.
- Upon securing a Certificate of No Marriage from the Philippine Statistics Authority, Rosario discovered a Certificate of Marriage in San Juan City indicating a marriage solemnized by “Reverend Roberto Espiritu” and predicated on Marriage License No. 6120159.
Procedural History
- October 5, 2009: Rosario filed a Petition for Declaration of Nullity of Marriage before the Quezon City Regional Trial Court (RTC).
- January 7, 2016: RTC Branch 107 denied the petition; subsequent motion for reconsideration was also denied.
- October 10, 2018: The Court of Appeals (Special Ninth Division) denied Rosario’s appeal.
- April 25, 2019: The Court of Appeals denied her motion for reconsideration.
- March 15, 2021: The Supreme Court granted a Petition for Review on Certiorari under Rule 45.
Issue
- Whether the registered marriage between Rosario D. Ado-an-Morimoto and Yoshio Morimoto should be declared null and void ab initio.
Applicable Law
- Family Code, Articles 1, 2, 3, and 4:
- Essential requisites: legal capacity and freely given conse