Morimoto v. Morimoto
REITERATIONFacts
1. The Antecedents: Petitioner Rosario D. Ado-an-Morimoto met respondent Yoshio Morimoto through a friend who suggested they simulate a marriage to facilitate Rosario's acquisition of a Japanese visa. Rosario agreed, and they met on December 5, 2007, at Manila City Hall. They signed a blank marriage certificate, with the solemnizing officer assuring them it would not be registered. Rosario claims this was the last time she saw Yoshio. 2. Procedural History: Rosario later discovered a registered Certificate of Marriage indicating she married Yoshio on December 5, 2007, officiated by Reverend Roberto Espiritu and based on Marriage License No. 6120159. On October 5, 2009, she filed a Petition for Declaration of Nullity of Marriage, asserting the marriage never occurred and lacked a marriage license. The Regional Trial Court denied her petition, and the Court of Appeals affirmed this denial upon appeal and subsequent motion for reconsideration. 3. The Petition: Petitioner Rosario D. Ado-an-Morimoto seeks a reversal of the Court of Appeals' decision and resolution, praying that her registered marriage to Yoshio Morimoto be declared null and void. She argues that the marriage was simulated, lacking genuine intent and essential requisites, and was not supported by a valid marriage license. The petition is filed under Rule 45 of the Rules of Civil Procedure.
Issue(s)
Whether the registered marriage between petitioner Rosario D. Ado-an-Morimoto and respondent Yoshio Morimoto should be declared null and void due to simulation and lack of essential and formal requisites. Whether the simulated marriage, lacking genuine consent and a valid marriage license, is void ab initio.
Ruling
The Supreme Court reversed and set aside the Court of Appeals' decision and resolution. The marriage between petitioner Rosario D. Ado-an-Morimoto and respondent Yoshio Morimoto, registered as having taken place on December 5, 2007, was declared NULL and VOID AB INITIO.
Ratio Decidendi
On the issue of whether the registered marriage should be declared null and void: The Supreme Court held that the supposed marriage between petitioner Rosario D. Ado-an-Morimoto and respondent Yoshio Morimoto was simulated and utterly lacking in essential and formal requisites, rendering it void ab initio. The Court found it erroneous for the lower courts to deny the Petition for Declaration of Nullity of Marriage. The Court emphasized that a simulated marriage, entered into without genuine intent to become spouses, is inexistent and void from the beginning, as per Article 1409 of the Civil Code. The Court noted that insisting on the validity of such a marriage would be a greater affront to the institution of marriage than declaring it null. This determination was based on the lack of genuine consent and a valid marriage license. On the issue of lack of consent and marriage license: The Court reiterated that consent is an indispensable essential requisite of marriage under Article 2 of the Family Code. Jurisprudence recognizes that when there is no bona fide intention of becoming a spouse, a marriage is void for want of consent, even if ceremonies were conducted and declarations made. Petitioner's admission of simulating the marriage for the purpose of obtaining a Japanese visa was considered an admission against interest, worthy of credence, and indicative of no genuine intent to marry. This admission was bolstered by the certification from the Philippine Statistics Authority that it mistakenly certified the marriage and the certification from San Juan City that no marriage license was issued. The Court found that the lack of a marriage license was fatal to the registered marriage, as evidenced by the June 4, 2009 certification from the Office of the Civil Registrar, San Juan City, stating that no record of Marriage License No. 6120159 was issued to the parties. The Court applied the ruling in Republic v. Court of Appeals and Castro, which held that a certification of due search and inability to find a record of a marriage license, issued by the civil registrar, enjoys probative value and sufficiently proves non-issuance absent any circumstance of suspicion. The Court clarified that subsequent decisions, like Sevilla v. Cardenas, which imposed an inordinately stringent application, have been abandoned, and the presumption of regularity in the performance of official duty supports such certifications.
Main Doctrine
A simulated marriage, entered into without genuine intent to become spouses and lacking essential or formal requisites such as consent and a marriage license, is void ab initio, even if registered. Such a marriage is an affront to the institution of marriage and should not be validated by courts.