Falsity in the affidavit of cohabitation

Falsity in the affidavit of cohabitation "We were married during a mass wedding organized by our mayor. Prior to the wedding ceremony, we were asked to sign an affidavit that we lived together as a couple for the last five years instead of securing a marriage license from the local civil registrar. The truth, however, was, we only lived together as husband and wife for more than two years. Will the falsity in the affidavit affect the validity of our marriage?Abner Dear Abner,Under the Family Code of the Philippines, one of the formal requirements of marriage is a valid marriage license issued by the local civil registrar. The essence of marriage license is that it is the authority granted by the State to the contracting parties, after the proper government official has inquired into their capacity to contract marriage (Report of the Commission, pages 79-80). Article 4 of the said Code makes it clear that marriage performed without the corresponding marriage license is void ab initio, or void from the very beginning flowing from the fact that the license is the essence of the marriage contract. There are, however, exceptions, to the requirement of marriage license, and one of which is Article 34 of the Family Code with provides:“Article 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. xxx” As described by the Supreme Court in Niñal vs. Bayadog (GR 133778, March 14, 2000, Ponente: Associate Justice Consuelo Ynares-Santiago), such cohabitation must be that of “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 marriage.”In your letter, you inquired whether a fabricated or falsified allegation in the affidavit of cohabitation, making it appear that you complied the requirements of Article 34 of the Family Code, when in truth you fell short of the minimum five-year requirement, will affect the validity of your marriage? To address this question, the pronouncement in Republic vs. Dayot (March 28, 2008, GR 175581), penned by Associate Justice Minita Chico-Nazario, is enlightening: “The falsity of the allegation in the sworn affidavit relating to the period x x x cannot be a mere irregularity, for it refers to a quintessential fact that the law precisely required to be deposed and attested to by the parties under oath. If the essential matter in the sworn affidavit is a lie, then it is but a mere scrap of paper, without force and effect, hence, it is as if there was no affidavit at all. x x x Wherefore, the petitions are denied. The amended Decision of the Court of Appeals …declaring the marriage of Jose Dayot and Felisa Tecson void ab initio, is AFFIRMED, without prejudice to their criminal liability.”Based on the aforesaid decision, it is stated explicitly that a falsified affidavit of cohabitation, which you executed in order to be exempt from the marriage license requirement, has no value whatsoever. It is but a mere scrap of paper. You were not exempt from the marriage license requirement. Your failure to secure one rendered your marriage void ab initio.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/