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02 Bandies v. Baylon-Bandies, G.R. No. 243122 (Notice), (February 4, 2019)

The Supreme Court of the Philippines issued a resolution denying a petition filed by Ellsworth Bandies to invalidate his marriage to Hope Baylon-Bandies. The Court affirmed the decision of the Court of Appeals upholding the validity of the marriage, as the marriage certificate included a marriage license number and the civil registrar did not definitively state that no license was issued. Factual findings of lower courts are given great weight unless material facts were overlooked, which did not occur in this case.

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127 views2 pages

02 Bandies v. Baylon-Bandies, G.R. No. 243122 (Notice), (February 4, 2019)

The Supreme Court of the Philippines issued a resolution denying a petition filed by Ellsworth Bandies to invalidate his marriage to Hope Baylon-Bandies. The Court affirmed the decision of the Court of Appeals upholding the validity of the marriage, as the marriage certificate included a marriage license number and the civil registrar did not definitively state that no license was issued. Factual findings of lower courts are given great weight unless material facts were overlooked, which did not occur in this case.

Uploaded by

Alec Escobar
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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REPUBLIC OF THE PHILIPPINES

SUPREME COURT
Manila

SECOND DIVISION '"----- .

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 Decision2 and the October
31, 2018 Resolution3 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 Jn, 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.

Rollo, pp. 9-23.


Id. at 32-40. Penned by Associate Justice Carmelita Salandanan Manahan with Presiding Justice
Romeo F. Barza and Associate Justice Stephen C. Cruz, concurring.
Id. at 28-30.
4
See id. at 36. See also Alcantara v. Alcantara, 558 Phil. 192, 203-204 (2007).
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).

- more -
M~
(117[bl)URES
Resolution 2 G.R. No. 243122
February 04, 2019

SO ORDERED~ (HERNANDO, J., designated Additional Member


1

per Special Order Nos. 2629 and 2630 dated December 18, 2018. REYES,
J., JR., J., on official leave.)

Very truly yours,

MARIA LOURDES C. PERFECTO


Division Clerk of Court

By:

TE

ATTY. RINCHEL E. AURELLANA (reg) JUDGMENT DIVISION (x)


Counsel for Petitioner Supreme Court, Manila
No. 77-B, Naranghita Street,
Brgy. Quirino 2B, Project 2, PUBLIC INFORMATION OFFICE (x)
Quezon City LIBRARY SERVICES (x)
[For uploading pursuant to A.M. No. 12-7-1-SC]
OFFICE OF THE SOLICITOR GENERAL (reg)
134 Amorsolo Street OFFICE OF THE CHIEF ATTORNEY (x)
1229 Legaspi Village OFFICE OF THE REPORTER (x)
Makati City Supreme Court, Manila

HOPE F. BAYLON-BANDIES (reg) COURT OF APPEALS (x)


Respondent Ma. Orosa Street
Inventor Street, Brgy. Zone 2 Ermita, 1000 Manila
Estancia, Iloilo CA-G.R. CV No. 105539

Please notify tile Court of any clrange in your address.


GR243122. 02/04/l 9(117[b ])URES

(117[b])URES - more -

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