SECOND DIVISION
[G.R. No. 243122. February 4, 2019.]
ELLWORTH C. BANDIES, petitioner,vs. HOPE F. BAYLON-BANDIES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 04 February 2019 which reads as follows:
"G.R. No. 243122 (Ellworth C. Bandies v. Hope F. Baylon-Bandies)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the April 19, 2018 Decision 2 and the October 31, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CV No. 105539 for failure of petitioner Ellworth C. Bandies (petitioner) to sufficiently show that the CA committed any reversible error in upholding the validity of his marriage to respondent Hope F. Baylon-Bandies (respondent).
As correctly ruled by the CA, for a marriage to be considered void on the ground of absence of a marriage license, the law requires that such absence be apparent on the marriage contract, or at the very least, supported by a certification to that effect from the local civil registrar. 4 In this case, records show that petitioner and respondent's marriage certificate bears Marriage License No. 0006386. 5 Moreover, the local civil registrar's certification did not categorically state that no marriage license was issued to petitioner and respondent; instead, she only certified that Marriage License No. 0006386 6 could not be found in the archives. 7
Finally, it bears stressing that the issues raised in the instant petition are factual in nature and thus, outside the province of a Rule 45 petition. It is settled that factual findings of the trial court, especially when affirmed by the CA, deserve great weight and respect, unless there are facts of weight and substance that were overlooked or misinterpreted that would materially affect the disposition of the case, 8 which do not obtain in this case.
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018. REYES, J., JR., J., on official leave.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 9-23.
2.Id. at 32-40. Penned by Associate Justice Carmelita Salandanan Manahan with Presiding Justice Romeo F. Barza and Associate Justice Stephen C. Cruz, concurring.
3.Id. at 28-30.
4. See id. at 36. See also Alcantara v. Alcantara, 558 Phil. 192, 203-204 (2007).
5. See id. at 37. See also id. at 41 and 45.
6. "Marriage License No. 006386" in the Certification, see id. at 42.
7. See id. at 37-38.
8.Almojuela v. People, 734 Phil. 636, 651 (2014).