Second honeymoon

Jimmy and Jessica have been sweethearts for almost five years. They are both very much in love with each other. They are, however, both very sensible and practical and would not like to get married without having stable jobs and being able to afford the minimum luxuries in life. So, they agreed that they would marry only when their jobs can give them basic financial stability.

On the sixth year of their engagement, Jimmy and Jessica thought they have become financially ready. They planned for their wedding and honeymoon. Jimmy’s best friend helped him in the preparation, especially in securing the marriage license because of his friend’s connection at the City Hall.

In the frenzy and excitement, nobody bothered to examine the documents closely. Everybody thought that there was nothing wrong because even the 10-day posting of the application was complied with.

And so the wedding rite was held and thereafter Jimmy and Jessica had their honeymoon. After the honeymoon and all the settling-down excitement, Jimmy found time to go over their marriage documents. The first thing he noticed was the date of the license. It was dated Dec. 14, 1986 whereas they got married on Dec. 13, 1986. What is the status of Jimmy and Jessica’s marriage?

It is null and void ab initio. This was the answer of the Court in People vs. Lara, 12583-R, Feb. 14, 1955. The court said that on the precise date of marriage, all the essential requisites must be present otherwise, the marriage is null and void from the beginning. The subsequent issuance of the license cannot, in law, render valid what in the eyes of the law itself was void ab initio.

While every intendment of the law or fact should lean towards the validity of marriage, to put the stamp of judicial approval upon the marriage contracted under these circumstances would establish a precedent injurious to public policy.

So what should Jimmy and Jessica do? They would have to get married all over again (71 SCRA 505). Not so elaborate this time but another honeymoon will do no harm.