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10/03/2026

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10/03/2026
LAWIN.news

Supreme Court voids marriage over false cohabitation affidavit

by LAWIN.news October 3, 2026
written by LAWIN.news October 3, 2026
Photo credit: Inquirer.net
6

MANILA, Philippines — The Supreme Court ruled that a marriage contracted without a license is void from the beginning when a couple falsely claims in an affidavit that they have lived together as husband and wife for at least five years.

In a ruling dated Feb. 24 and released Friday, the high court said the couple failed to meet the legal requirement for a marriage-license exemption because their affidavit contained a false claim about their cohabitation.

The decision affirmed rulings from the Court of Appeals in 2021 and 2022 and the Regional Trial Court in San Jose, Antique, in 2016.

The case stemmed from a petition for declaration of nullity that the husband filed in 2013. He challenged the affidavit of cohabitation that he had signed with the woman, saying the claim was false because he had worked overseas for three of the six years they said they had lived together.

The couple attempted to marry without a license in May 2009 and claimed they had lived together since 2003.

Philippine law allows couples who have lived together as husband and wife for at least five years to marry without a marriage license if they also meet the other legal requirements.

The Supreme Court found that the false affidavit could not support the exemption, making the marriage void from the beginning.

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