Case #50: Jo-Ann Diaz-Salgado and husband Dr. Gerard C. Salgado 1. Whether or not the marriage of Luis G.
ge of Luis G. Anson and Severina
(Petitioner) vs. Luis G. Anson (Respondent)
Facts of the Case:
Luis G. Anson married Severina de Asis-Anson on December
28, 1966 and claims to be the only surviving spouse. Prior to their
marriage Severina gave birth to Maria Luisa and also birthed Jo-Ann
from a previous relationship. It was during their union in which they
acquired six different properties located in San Juan, Metro Manila
and according to Luis Anson these pertain to their conjugal
partnership since there was no marriage settlement. They executed
a notarized Partition Agreement in November 1980 which divided
their properties between them. However, without his knowledge
and consent, Severina transferred the properties in favor to Jo-Ann.
When his wife passed away on September 21, 2002, Maria Luisa
secured new Transfer Certificate of Titles as she adjudicated herself
as the sole heir of her mother. Luis then claimed that because of this,
he did not receive his lawful share of conjugal properties as well as
his inheritance as a compulsory heir of his late wife. However, both
her children claim that they were unaware of the fact that her
mother married Mr. Anson. They only acknowledged that they were
living together as common-low spouses and also obtained a
Certificate of No Record of Marriage between Luis and Severina. The
validity of their marriage was called into question due to the lack of
marriage license. It was after his cohabitation with Severina in which
he went to the USA and married Teresita. He also sought to annul
the Partition Agreement on the ground that since the court did not
approve of it, it becomes void.
Issue/s:
de Asis-Anson is considered as valid.
2. Is the partition agreement between both Luis and Severina
valid?
Held:
The court ruled that the marriage of Luis G. Anson and
Severina de Asis-Anson is considered as void ab initio due to the
absence of the marriage license. A certified true copy of the marriage
contract is not enough to constitute a marriage between both
parties. During the testimony of Luis G. Anson, he stated that he did
not file for a marriage license and thought that signing a document
at the mayor’s household would be enough. Furthermore, his
assertation that their marriage was exceptional failed since there
was a lack of evidence. The union between Luis and Severina took
place prior to the effectivity of the Family Code which is why the Civil
Code is the applicable law to determine its validity. Article 53 states
that a valid marriage license is a requisite of the union and the lack
of it would render the marriage void ab initio. The court also found
his credibility as suspicious because he knowingly contracted
marriage abroad while Severina was still alive.
The Partition Agreement is valid as seen in Article 496 of the
Civil Code. It states that the partition may be made by agreement
between the parties or by judicial proceedings which indicates that
the approval of the court is not needed for the validity of the
agreement. Also, property relations between both parties during
cohabitation are governed by the provisions of Article 147 and 148
of the Family Code.