People v. Lomongsod
REITERATIONFacts
The Antecedents: The accused Dionisio Lomongsod and Inez Ompad, a minor 15 years of age, contracted a civil marriage before the justice of the peace of Opon. The accused Patricia Godinez, Fructuoso Godinez, and Tito Godinez allegedly testified under oath that Inez Ompad was 18 years old, knowing she was not. Procedural History: The lower court found the evidence insufficient against Tito Godinez and dismissed the complaint against him. However, it found Dionisio Lomongsod and Inez Ompad guilty of illegal marriage under Article 475 of the Penal Code, giving them the benefit of Article 11, and sentenced them to six months and one day of prision correccional. The Petition: The defendants Dionisio Lomongsod and Inez Ompad appealed the decision of the lower court.
Issue(s)
Whether the defendants can be held criminally liable for the crime of illegal marriage under Article 475 of the Penal Code in the absence of evidence proving the lack of parental consent.
Ruling
The Supreme Court reversed the decision of the lower court, ordered the complaint dismissed, and discharged the defendants from custody. The Court found no proof that the marriage took place without the consent of the parents of Inez Ompad.
Ratio Decidendi
On Issue 1: The Supreme Court held that the prosecution failed to discharge its burden of proving the elements of the crime beyond reasonable doubt. The Court emphasized that there was no evidence in the record demonstrating that the marriage actually took place without the consent of Inez Ompad's parents. Although the fiscal stated that the father would have testified to the lack of consent had he been present, the Court ruled that this statement cannot be considered evidence. Applying the precedents of Aguila v. Lazaro (4 Phil. Rep., 735) and Lerma v. Mamaril (9 Phil. Rep., 119), the Court clarified that under General Orders No. 68, the marriage of a man over 14 and a woman over 12 is valid. Such a marriage cannot be declared a nullity merely because parental consent was not obtained. Therefore, without proof of the lack of consent, the conviction under Article 475 of the Penal Code cannot be sustained. The Court concluded that the legal requirements for the validity of the marriage were met by the parties' ages, and the criminal charge lacked the necessary evidentiary foundation.
Main Doctrine
A marriage contracted without the consent of the parents is not necessarily illegal if there is no proof presented that such consent was indeed absent, especially when the parties meet the minimum age requirements for marriage under applicable laws.