REPUBLIC v.

DAYOT

FACTS

- Jose Dayot married Felisa November 24, 1986, solemnized by Rev. Tomas Atienza
- In lieu of a marriage license, Jose and Felisa executed a sworn affidavit saying they have
reached the age of maturity and have lived as husband and wife for at least five years
- On July 7, 1993, Jose filed for annulment, saying the marriage was a sham, there was no
marriage ceremony, that they did not execute the said affidavit, and that his consent was
obtained through fraud:
o Jose is ten years younger than Felisa
o Jose lived as a boarder in Felisas house in June 1986
o Felisa asked Jose to accompany her to the Pasay City Hall to claim a package
from his brother in Saudi
o Jose was asked to sign papers to have package released. He initially refused, but
Felisa told him that his refusal could get them killed by her brother
o February 1987 when Jose saw marriage contract with Felisa, which Felisa denied
- June 3, 1993, Felisa filed for action for bigamy against Jose. She maintained that they
maintained their relation as man and wife. But Jose married one Rufina Pascual on
August 31, 1990.
- RTC ruled against Jose Dayot, saying anyone in their right mind would easily suspect
attempt to make him sign blank piece of paper
o Jose acknowledged Felisa as his wife when he wrote her name as his wife in his
SALN a year after discovering marriage contract.
- Court of Appeals did not accept that marriage to Felisa is void ab initio, citing NCC
Article 76 (cohabitation for 5 years)

ISSUE: W/N falsity of an affidavit of marital cohabitation, where the parties have actually
fallen short of minimum 5 year requirement, renders marriage void ab initio.

HELD/RATIO: YES. Jose and Felisa have only been living for 5 months. Sworn affidavit with
false statements makes it a mere scrap of paper without force and effect. Falsity of allegation
cannot be mere irregularity because it pertains to a quintessential fact that the law precisely
required to be deposed and attested to by the parties under oath.

- SC said that they have not lived together for at least 5 years. Jose moved in with Felisa
June 1986; their marriage was on November 24, 1986, which means theyve been
cohabiting for only 5 months.
- Jose and Felisa got married without a marriage license. This makes the marriage void,
as a marriage license is a formal requisite.

Digested by Enzo Regondola