DUE PROCESS G.R. No. 198780 October 16, 2013 REPUBLIC OF !E P!ILIPPINES "#. $LBIOS %ENDO&$, '.( F$CS( On October 22, 2004, Fringer, an American citizen, and Liberty D. Albios were married before Judge Ofelia . !alo at t"e #e$! as e%idenced by a !ertificate of #arriage. &owe%er, on December ', 200', Albios filed wit" t"e ($! a )etition for declaration of nullity of "er marriage wit" Fringer alleging t"at it is one made in *est and, t"erefore, null and %oid ab initio.
$"e ($! declared t"e marriage %oid ab initio on t"e ground t"at t"e )arties married eac" ot"er for con%enience only. Albios Albios stated t"at s"e contracted Fringer to enter into a marriage to enable "er to ac+uire American citizens"i) t"at in consideration t"ereof, s"e agreed to )ay "im t"e sum of -2,000.00 t"at after t"e ceremony, ceremon y, t"e t"e )arties went t"eir se)arate ways t"at Fringer returned to t"e nited /tates and ne%er again communicated wit" "er and t"at, in turn, s"e did not )ay "im t"e -2,000.00 because "e ne%er )rocessed "er )etition for citizens"i). $"e ($!, ($!, t"us, ruled t"at w"en marriage was entered into for a )ur)ose ot"er t"an t"e establis"ment of a con*ugal and family life, suc" was a farce and s"ould not be recognized from its ince)tion. etitioner (e)ublic of t"e "ili))ines, re)resented by t"e Office of t"e /olicitor 1eneral O/13, filed a motion for reconsideration. $"e ($! issued denied t"e motion for t"e reason t"at t"e )arties failed to freely gi%e t"eir consent to t"e marriage as t"ey "ad no intention to be legally bound by it and used it only as a means to ac+uire American citizens"i) citizens"i) in consideration of -2,000.00. $"e O/1 filed an a))eal before t"e !A arguing t"at albeit t"e intention was for Albios to ac+uire American citizens"i) and for Fringer to be )aid -2,000.00, bot" )arties freely ga%e t"eir consent to t"e marriage, as t"ey nowingly and willingly entered into t"at marriage and new t"e benefits and conse+uences of being bound by it. &owe%er, t"e !A affirmed affirmed t"e ($! ruling w"ic" found t"at t"e essential re+uisite of consent was lacing. t concluded t"at t"e )arties5 ) arties5 )ur)ose for entering into t"e marriage was )rimarily for )ersonal gain, t"at is, for Albios Albios to obtain foreign citizens"i), and for Fringer, Fringer, t"e consideration of -2,000.00. &ence, t"is )etition. ISSUE( 6"et"er or not t"e !A erred on a +uestion of law w"en it "eld t"at a marriage contracted for t"e )ur)ose of obtaining foreign citizens"i) was done in *est, "ence, lacing in t"e essential element of consent. !ELD( )ES. $"e /! ruled t"at consent was not lacing between Albios and Fringer. n fact, t"ere was real consent because it was not %itiated nor rendered defecti%e by any %ice of consent. $"eir consent was also conscious and intelligent as t"ey understood t"e nature and t"e beneficial and incon%enient conse+uences of t"eir marriage, as not"ing im)aired t"eir ability to do so.
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Also, t"e res)ondent5s marriage is not at all analogous to a marriage in *est. Albios and Fringer "ad an undeniable intention to be bound in order to create t"e %ery bond necessary to allow t"e res)ondent to ac+uire American citizens"i). Only a genuine consent to be married would allow t"em to furt"er t"eir ob*ecti%e, considering t"at only a %alid marriage can )ro)erly su))ort an a))lication for citizens"i). $"ere was, t"us, an a))arent intention to enter into t"e actual marriage status and to create a legal tie, albeit for a limited )ur)ose. 1enuine consent was, t"erefore, clearly )resent. #oti%es for entering into a marriage are %aried and com)le7. $"e /tate does not and cannot dictate on t"e ind of life t"at a cou)le c"ooses to lead. Any attem)t to regulate t"eir lifestyle would go into t"e realm of t"eir rig"t to )ri%acy and would raise serious constitutional +uestions. $"e rig"t to marital )ri%acy allows married cou)les to structure t"eir marriages in almost any way t"ey see fit, to li%e toget"er or li%e a)art, to "a%e c"ildren or no c"ildren, to lo%e one anot"er or not, and so on. *+#, -rr-/e# etere to or ot*er +ro#e#, 4te or ot*er5#e, #+c* -# co"eece, co-o#*, oe, #t-t+#, - tt4e, ro"e t*-t t*e co4 5t* -44 t*e 4e/-4 re+#te#, -re e+-44 "-4. Lo"e, t*o+/* t*e e-4 co#er-to -rr-/e cotr-ct, # ot t*e o4 "-4 c-+#e or -rr-/e. Ot*er co#er-to#, ot rec4+e b 4-5, - "-44 #+ort - -rr-/e. Albios "as indeed made a mocery of t"e sacred institution of marriage. $"e !ourt cannot declare suc" a marriage %oid in t"e e%ent t"e )arties fail to +ualify for immigration benefits, after t"ey "a%e a%ailed of its benefits, or sim)ly "a%e no furt"er use for it. $"ese unscru)ulous indi%iduals cannot be allowed to use t"e courts as instruments in t"eir fraudulent sc"emes. No 4e## t*- o+r Co#tt+to ec4-re# t*-t -rr-/e, -# - "o4-b4e #oc-4 #tt+to, # t*e o+-to o t*e -4 - #*-44 be rotecte b t*e St-te. It +#t, t*ereore, be #-e/+-re ro t*e 5*# - c-rce# o t*e cotr-ct/ -rte#. *# Co+rt c-ot 4e-"e t*e re##o t*-t -rr-/e - e-#4 be etere to 5*e t #+t# t*e ee# o t*e -rte#, - +#t -# e-#4 +44e 5*e o 4o/er eee.
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