REPUBLIC VS DAYOT

FACTS:

The records show that on November 24, 1986, Jose Dayot and Felisa were married. In lieu of a marriage
license, the two executed a sworn affidavit, attesting that they had both attained the age of maturity, and
that being unmarried, they had lived together as husband and wife for at least five years. On July 7, 1993,
Jose filed a complaint with the RTC. He contended that (1) his marriage with Felisa was a sham as no
marriage ceremony was celebrated between them (2) he didn’t execute the sworn affidavit saying that
he and Melissa had lives as husband and wife for at least five years (3) and that his consent to the marriage
was secured through fraud. Felisa denied Jose’s allegations and defended the validity of their marriage.
On June 3, 1993, Felisa filed an action for bigamy against Jose for contracting marriage with a certain
Rufina while their marriage was still subsisting. In 2000, RTC dismissed Jose’s complaint and ruled that his
marriage to Felisa was valid. Jose filed an appeal for the foregoing RTC decision to the CA. the CA found
the appeal to be without merit. The CA didn’t accept Jose’s assertion that his marriage to Felisa was void
ab initio for lack of marriage license. CA ruled that the marriage was solemnized under Art 16 of the Family
Code as one of exceptional character. Jose filed for a motion for reconsideration thereof and cited the
legal condition that the man and woman must have been living together as husband and wife for at least
five years before the celebration of marriage. Jose maintained that the affidavit of marital cohabitation
executed by him and Felisa was false. CA granted his motion and reversed itself.

ISSUE:
WON the marriage between Felisa and Jose was void ab initio

HELD:
Yes, for lacking the requirements of valid marriage in which the sworn affidavit that Felisa executed is
merely a scrap of paper because they started living together only five months before the celebration of
their marriage. That according to the five-year common-law cohabitation period under Article 34 “No
license shall be necessary for the marriage for a man and a woman who have lived together as husband
and wife for at least five years and without any legal impediments to marry each other…”