Dear Atty. Nico,

I am an overseas Filipino worker (OFW) based in Dubai, United Arab Emirates for three years. In the interim, I flew to the Philippines to marry my long-time girlfriend.

To facilitate our marriage without a license, we executed an Affidavit of Cohabitation, where we swore under oath that we had lived together as husband and wife for at least five years. Eventually, we got married and the priest who officiated the same certified that it was solemnized under Article 34 of the Family Code, exempting us from the license requirement.

After the wedding, we lived together for two months before I returned to Dubai. For the next four months, we communicated. However, since then, we have not been in contact with each other.

Prior to that, we had been in a relationship for almost seven years. Whenever I was home, there were times when we temporarily resided together at an apartment that we rented. However, the living arrangement was not exclusive as we shared the same space with our relatives.

I would like to know if I have a ground to have my marriage with my wife nullified? Hoping for a positive response.

Antonino

Dear Antonino,

In a recent decision of the Supreme Court, it was held that a false affidavit of cohabitation would render the marriage void.

In the case of Republic of the Philippines vs Spouses Aguirre (G.R. No. 262653), the Court explained that Article 34 of the Family Code (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) is an exception to the general rule that a valid marriage license is required as a formal requisite of marriage. As such, the exception must be strictly construed. That is, the marriage license requirement may be dispensed with only in circumstances that clearly fall within the ambit of the foregoing provision.

In the case of Niñal vs Bayadog, the five-year cohabitation period is reckoned from the date immediately preceding the celebration of the marriage. It must be exclusive, meaning no third party was involved at any time within the five-year period, and continuous, meaning the period must be unbroken.

Based on the facts given, it is clear that two of you had not been cohabiting continuously and exclusively as husband and wife for a period of five years immediately preceding the celebration of your marriage. Although you had been in a relationship with her for almost seven years, you admitted that you had been working in Dubai as an OFW for three years.

Furthermore, you even stated that you lived together albeit temporarily and the arrangement was not exclusive. Hence, the fact that both of you intermittently stayed in the same place does not amount to cohabitation as husband and wife contemplated by Article 34 of the Family Code.

Atty. Nico Antonio