Sy v. CA, G.R. No. 127263, April 12, 2000

FACTS: Filipina Sy and Fernando Sy contracted marriage on November 15, 1973 in Quezon City. They had two children. On September 15, 1983, Fernando left the conjugal dwelling. Since then, they lived separately with the children in the custody of their mother. On February 11, 1987, Filipina filed a petition for legal separation before the RTC of San Fernando, Pampanga which was later amended to a petition for separation of property. In 1988, she filed a case of attempted parricide against Fernando. However, the case was lowered to slight physical injuries. Petitioner filed for a declaration of absolute nullity of marriage on the ground of psychological incapacity. It was denied. On appeal, she raised the issue of their marriage being void ab initio for the lack of marriage license. Their marriage license was obtained on September 17, 1972 while their marriage was celebrated on November 15, 1973. Hence, the marriage license was expired already.

Issue: W/N the marriage is valid

Held: No. Evidence shows that there was no marriage license. A marriage license is a formal requirement; its absence renders the marriage void ab initio. In addition, the marriage contract shows that the marriage license, was issued in Carmona, Cavite, yet, neither petitioner nor private respondent ever resided in Carmona. Marriage is void ab initio for lack of marriage license. Issue on psychological incapacity is hereby mooted.