Cabrera v. Cabrera

Summary

This case involves a petition for declaration of nullity of marriage filed by Zosimo V. Cabrera, Jr. against his wife Rosalinda T. Cabrera on the ground that their May 28, 2001 marriage was solemnized without a valid marriage license. The key issue was whether the parties qualified for exemption from the marriage license requirement by cohabiting as husband and wife for at least five years prior to marriage under Article 34 of the Family Code. The Supreme Court affirmed the lower courts' findings that respondent proved by preponderant evidence that the parties cohabited for less than five years before marriage. The Court rejected petitioner's reliance on presumptions of valid marriage and regular performance of official duties, emphasizing that false affidavits about cohabitation period cannot circumvent the law's requirements. The marriage was declared null and void ab initio for lack of a valid marriage license.