ANITA B. SAN GABRIEL vs PABLO SAN GABRIEL JR. C.A. No. 23727-R November 27, 1959 O.G.

May 9, 1960

Facts: Pablo San Gabriel Jr. filed a case for annulment on the ground of irregularities in the accomplishment of the applications for a marriage license, the issuance of the license and the celebration of the marriage. He claims that his signature on the marriage application is a forgery, that the marriage license is invalid because it was not signed by the local civil registrar but by his clerk and that it was issued in Binangonan, Rizal of which he is not a resident. Issue: Valid? Ruling: Yes. No other evidence was presented to bolster his self serving claim of forgery. Upon inspection, the signature on the marriage application is similar to his admitted signature on the marriage contract. The irregularities in the marriage license do not affect the validity of the marriage. Lack of residence alone or the fact that the applications contained false statements would not affect the validity of the marriage. The marriage may not be rendered void by the mere fact that the license was not personally signed by the Civil Registrar. There was a marriage license and the 10-day publication period was complied with. Furthermore, there is convincing proof that the clerk who signed the marriage license was authorized to do so by the Civil Registrar. Lastly, the fact that the marriage took place on a Sunday in the office of a Justice of Peace would not necessarily vitiate the marriage on the ground that it constitutes a violation of the requirement that the marriage shall be solemnized publicly in the office of the Judge in open court.

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