BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
  • About
  • Articles
  • LAW
  • CPA REVIEW

a collections of case digests and laws that can help aspiring law students to become a lawyer


Republic v Albios 707 SCRA 5584 (2013)

6/18/2020

0 Comments

 
ISSUE:  Whether or not the marriage of Albios and Fringer be declared null and void. 

FACTS: 
Respondent Libert Albios married Daniel Lee Fringer, an American citizen. She later on filed a petition to nullify their marriage. She alleged that immediately after their marriage, they separated and never lived as husband and wife because they never really had any intention of entering into a married state or complying with any of their essential marital obligations. She said that she contracted Fringer to enter into a marriage to enable her to acquire American citizenship; that in consideration thereof, she agreed to pay him the sum of $2,000.00; that after the ceremony, the parties went their separate ways; that Fringer returned to the United States and never again communicated with her; and that, in turn, she did not pay him the $2,000.00 because he never processed her petition for citizenship. She described their marriage as one made in jest and, therefore, null and void ab initio. The RTC ruled in her favor. In declaring the respondent’s marriage void, the RTC ruled that when a marriage was entered into for a purpose other than the establishment of a conjugal and family life, such was a farce and should not be recognized from its inception. In its resolution denying the OSG’s motion for reconsideration, the RTC went on to explain that the marriage was declared void because the parties failed to freely give their consent to the marriage as they had no intention to be legally bound by it and used it only as a means for the respondent to acquire American citizenship. Not in conformity, the OSG filed an appeal before the CA. The CA, however, upheld the RTC decision. Agreeing with the RTC, the CA ruled that the essential requisite of consent was lacking. It held that the parties clearly did not understand the nature and consequence of getting married. As in the Rubenstein case, the CA found the marriage to be similar to a marriage in jest considering that the parties only entered into the marriage for the acquisition of American citizenship in exchange of $2,000.00. They never intended to enter into a marriage contract and never intended to live as husband and wife or build a family. The OSG then elevate the case to the Supreme Court  

DECISION: 
Granted 

RATIO DECIDENDI: 
No, respondent’s marriage is not void. The court said: “Based on the above, consent was not lacking between Albios and Fringer. In fact, there was real consent because it was not vitiated nor rendered defective by any vice of consent. Their consent was also conscious and intelligent as they understood the nature and the beneficial and inconvenient consequences of their marriage, as nothing impaired their ability to do so. That their consent was freely given is best evidenced by their conscious purpose of acquiring American citizenship through marriage. Such plainly demonstrates that they willingly and deliberately contracted the marriage. There was a clear intention to enter into a real and valid marriage so as to fully comply with the requirements of an application for citizenship. There was a full and complete understanding of the legal tie that would be created between them, since it was that precise legal tie which was necessary to accomplish their goal.” The court also explained that “There is no law that declares a marriage void if it is entered into for purposes other than what the Constitution or law declares, such as the acquisition of foreign citizenship. Therefore, so long as all the essential and formal requisites prescribed by law are present, and it is not void or voidable under the grounds provided by law, it shall be declared valid.” “No less than our Constitution declares that marriage, as an in violable social institution, is the foundation of the family and shall be protected by the State. It must, therefore, be safeguarded from the whims and caprices of the contracting parties. This Court cannot leave the impression that marriage may easily be entered into when it suits the needs of the parties, and just as easily nullified when no longer needed.”  
0 Comments



Leave a Reply.

    Archives

    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Copyright Notice
Copyright © – 2020, All Rights Reserved.

Disclaimer
This  project primarily designed to assist students of law  and accounting in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law/accounting degree nor in passing the Bar/Board Exams. We makes no warranties or representations of any kind, whether expressed or implied for the Services provided.
The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. We gives no warranty for the accuracy or the completeness of the materials. We also reserves the right to further improve, add, modify, or remove content with or without prior announcements.
This site also contains materials published by the students, professors, lawyers, and other users of the our Services. These materials are owned by such users and of their sole responsibility. While we may review user-published content, please do not assume that content you are accessing has been reviewed or curated. You may report abusive content through the listed contact details.
We does not guarantee against any loss or damage caused by third persons, delays, interruptions, unavailability, or by the termination of its Services.
We reserves the right to amend the terms and policies for its Services.

Terms of Service
By using our Services, you are agreeing to these terms. Please read them carefully.
Access our Services only through the interface and instructions provided. Do not misuse the Services, or use them in such ways that may interfere their availability, or in ways that may cause discredit to you, your school, or your profession.
These terms do not give you ownership of any intellectual property rights to the content you access on our Services. Do not use content from our Services other than for personal purposes unless you obtain permission from its owner or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices and attributions displayed in or along with our Services.
We may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Our Services are designed to be accessible on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
We may suspend or stop providing our Services to you if you do not comply with these terms and policies or if we are investigating suspected misconduct.

Privacy
Some services require you to login or register with minimal personal information this site.
Collected Information
Collected information includes user name, email address, Facebook ID and photo. The user may also optionally provide school, year level, BAR year, profession, office, address, and other information which may assist in improving our Services.
Uses of the Information
The collected information will only be used in connection with the use or for the improvement of our Services.
Users Created Content
Content created by users are published and shared for public use. Published content is always attributed to the author through his user account. A user may remain anonymous by changing his "display name" under his profile.
Data Analytics
We conducts data analytics for the improvement of the usability and design of our Services and the user experience. These may include but not limited to tracking time spent on the site, services availed, number of contents created or shared.

Content
Our Services allow you to create casebooks, digests, outlines, notes, and other content. You retain ownership of intellectual property rights that you hold in that content.
When you create content through our Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services (for example: your list of cases, digests, and outlines in your casebooks).
Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
We reserves the right to review your published content and may remove materials that are offensive, abusive, of no value, or not in line with the purpose of our Services. The amount of content or materials that you publish may be limited by us.
We also used cookies in our website.

Contact Us
  • HOME
  • OUR SERVICES
  • About
  • Articles
  • LAW
  • CPA REVIEW