Facts:

Annabelle and Reinel applied for a marriage license. However, when they went back to the Office of the Civil Registrar, the marriage license had already expired. Thus, in order to get married as soon as possible, they executed an Affidavit dated 13 March 1995 to show that they had been living together as husband and wife for the last five years, hence, exempt from the marriage license requirement. They got married on the same date before a judge. After the ceremony, however, they did not live together as husband and wife.

In November 1995, Annabelle gave birth to a child named Reinna Tricia. 

In 1998, Annabelle filed a petition for support against Reinel, claiming that he had not given support to her and their child. 

In his answer, Reinel denied that he is married to Annabelle, claiming that their marriage is void ab initio since the marriage was facilitated by a fake affidavit. He alleged that they never cohabited with each other five years before their marriage, hence they were not exempted from the requirement of a marriage license. He also denied being the father of Tricia.

The trial court ruled that the marriage between Annabelle and Reinel is not valid because it was solemnized without a marriage license. However, it declared Reinel as the natural father of the Tricia, and thus obliged to give her support. Reinel appealed.

The CA ruled that since the case is an action for support, it was improper for the trial court to declare the marriage of Annabelle and Reinel as null and void in the very same case. There was no participation of the State, through the prosecuting attorney or fiscal, to see to it that there is no collusion between the parties, as required by the Family Code in actions for declaration of nullity of a marriage. It also ruled that Tricia, having born during the subsistence of a marriage, is the legitimate child of Reinel.


Issues:

1. Has the trial court jurisdiction to determine the validity of the marriage between Reinel and Annabelle even though the case before it is for support? In other words, may the marriage be attacked collaterally?

2. Is the marriage between Reinel and Annabelle valid?

3. Is Reinna Tricia a legitimate child of Reinel?


Held:

1.) Yes. The validity of a void marriage may be collaterally attacked. In Nial v. Bayadog, we held:
However, other than for purposes of remarriage, no judicial action is necessary to declare a marriage an absolute nullity. For other purposes, such as but not limited to determination of heirship, legitimacy or illegitimacy of a child, settlement of estate, dissolution of property regime, or a criminal case for that matter, the court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. This is without prejudice to any issue that may arise in the case. When such need arises, a final judgment of declaration of nullity is necessary even if the purpose is other than to remarry. The clause on the basis of a final judgment declaring such previous marriage void in Article 40 of the Family Code connotes that such final judgment need not be obtained only for purpose of remarriage.


2.) No. The falsity of the affidavit cannot be considered as a mere irregularity in the formal requisites of marriage. The law dispenses with the marriage license requirement for a man and a woman who have lived together and exclusively with each other as husband and wife for a continuous and unbroken period of at least five years before the marriage. The aim of this provision is to avoid exposing the parties to humiliation, shame and embarrassment concomitant with the scandalous cohabitation of persons outside a valid marriage due to the publication of every applicants name for a marriage license. In the instant case, there was no scandalous cohabitation to protect; in fact, there was no cohabitation at all. The false affidavit which petitioner and respondent executed so they could push through with the marriage has no value whatsoever; it is a mere scrap of paper. They were not exempt from the marriage license requirement. Their failure to obtain and present a marriage license renders their marriage void ab initio. 


3.)  Reianna Tricia is an illegitimate daughter of Reinel, and therefore entitled to support.

Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. Thus, one can prove illegitimate filiation through the record of birth appearing in the civil register or a final judgment, an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned, or the open and continuous possession of the status of a legitimate child, or any other means allowed by the Rules of Court and special laws.

The Certificate of Live Birth of the child lists petitioner as the father. In addition, petitioner, in an affidavit waiving additional tax exemption in favor of respondent, admitted that he is the father of the child. (De Castro vs. Assidao-De Castro, G.R. No. 160172, February 13, 2008)