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 Summary (G.R. No. 160172)

Key Dates

  • Courtship begins: 1991
  • Marriage license application: September 1994
  • First sexual relations: October 1994
  • Affidavit in lieu of license and ceremony: 13 March 1995
  • Child’s birth: 13 November 1995
  • Support complaint filed (RTC): 4 June 1998
  • RTC decision: 16 October 2000
  • Supreme Court decision: 13 February 2008

Applicable Law

  • 1987 Philippine Constitution (family and support obligations)
  • Family Code of the Philippines: Arts. 4, 34 (license exemption), 172, 175 (filiation proofs)
  • Jurisprudence: Niñal v. Bayadog; Nicdao Cariño v. Yee Cariño; Vda. de Jacob v. CA

Facts

Petitioner and respondent became sweethearts in 1991 and intended to marry in 1994. Their marriage license expired before the ceremony. They executed a false affidavit attesting five-year cohabitation and were married on 13 March 1995. They never cohabited afterward. Respondent gave birth to Reianna Tricia on 13 November 1995 and solely supported her. In June 1998, respondent sued petitioner for support, alleging a valid marriage and child legitimacy.

Trial Court Findings

The RTC held the marriage void ab initio for lack of a license but declared petitioner the natural father, obligating him to support the child.

Court of Appeals Ruling

The CA affirmed child support, declaring Reianna legitimate under the presumption of a subsisting marriage until annulled. It refused to entertain a collateral nullity claim in a support case, censured petitioner’s refusal to undergo DNA testing, and relied on his prior affidavit admitting paternity. It modified the RTC decision by upholding the marriage as valid until judicially annulled.

Issues Before the Supreme Court

  1. Could the RTC determine marital validity in an action for support?
  2. Is Reianna Tricia the petitioner’s daughter entitled to support?

Jurisdiction to Pass on Marital Validity

The Supreme Court held that a void marriage may be collaterally attacked in any case where its validity is essential. Citing Niñal and Cariño, it affirmed that courts can resolve nullity in support proceedings without a separate annulment action.

Void Marriage for Lack of License

Under Art. 34, only those who cohabit continuously for five years are exempt from a license. The false affidavit here—admitted by both parties—destroyed any exemption. The absence of a license rendered the marriage void ab initio.

Filiation and Support Obligation

Illegitimate filiation may be proven by birth records, admissions in public document

...continue reading

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