CA grants petition for Kristine-Diether wedding annulment

02/12/2009

The Court of Appeals (CA) has granted a petition for the annulment of the marriage of actress Kristine Hermosa to actor Diether Ocampo.

The wedding of the two matinee idols was solemnized in 2004 in Jaen, Nueva Ecija. The appellate court said their one year and one month union was null and void from the beginning.

In a nine-page decision by Associate Justice Sesinando Villon, the CA’s Second Division denied the appeal made by the Office of the Solicitor General (OSG) questioning the March 31, 2006 ruling of the Makati Regional Trial Court Branch 136 that granted the annulment petition of Hermosa (Kristine Orille in real life) against her spouse Ocampo (Diether Pascual in real life). Hermosa presented sufficient evidence to prove that her supposed marriage with Ocampo as stated in their Certificate of Marriage did not actually take place based on documentary and testimonial evidence.

Neither can the marriage actually celebrated on July 14, 2004 at the residence of Col. Edgardo Divina at V. Luna, Quezon City be deemed valid for at the time of its celebration, the parties had no marriage license, the CA said.

Hermosa, in her petition, alleged on June 17, 2005 that her marriage to Ocampo was not valid because they had no marriage license or marriage contract at the time of their wedding ceremony which took place on the night of July 14, 2004 before Jaen Mayor Antonio Prospero Esquivel.

The OSG entered its appearance as counsel for the Republic, pursuant to itsconstitutional mandate to protect the interest of the state in preserving thefamily, and to oppose any possible collusion between the parties.

The CA ruled that while it agreed with the OSG that the application for marriage license and the certificate of marriage being official documents are presumed to be prima facie evidence made in the performance of a duty by apublic officer of the Philippines, it is not conclusive but merely disputable presumption which may be contradicted and overcome by other evidence. “We find it indeed impossible for the questioned marriage ceremony to have taken place on the date and at the place stated in the Certificate of Marriage as it was physically impossible for the petitioner to be in two different places at the same time,” the court said.

The appellate court further cited provisions in the Family Code stating that “the absence of any of the essential or formal requisites shall render the marriage void ab initio.” “It is a hornbook doctrine that findings of facts of trial courts are entitled to great weight on appeal and should not be disturbed except for strong and valid reasons… (or) unless the trial court has overlooked or ignored some facts or circumstance of sufficient weight or significance which, if considered,would alter the result of the case,” the CA said.

Concurring with the ruling were Associate Justices Portia Alino-Hormachuelos, division chairman, and Noel Tijam.

Based on Hermosa’s narration, she claimed she met Ocampo in the course of their work as talents of ABS-CBN where they subsequently fell in love and wanted their relationship to be somehow formalized by some kind of ceremony.

Ocampo then sought the assistance of a friend, Divina, to “formalize” their relationship on the night of July 14, 2004. Together with Divina and his wife Susan, they waited for Esquivel to arrive. At that time, the parties had no marriage license. However, Esquivel still conducted a “ceremony” where the parties exchanged vows. Moreover, no contract was executed by them. However, Hermosa received copies of the Application for Marriage License and four pieces of a Certificate of Marriage. The license showed that it was received on Aug. 23, 2004 and was issued Sept. 3, 2004.

On the other hand, the marriage certificate was issued on Sept. 10, 2004, and that the marriage took place in Jaen, although the date and time of marriage was left blank. It was only later that the date Sept. 21, 2004 was inserted.The actress and her then spouse both insisted that no marriage ceremony took place, as would be shown by their respective activities on that day, making it physically impossible for them to be in Nueva Ecija at the same time.

She said she reported for work on the set of the production for the movie Enteng Kabisote at 8 a.m. of Sept. 21, 2004 in Quezon City until the next day while Ocampo went to a gym in the morning the same day, brought food to petitioner around 1 p.m. and thereafter attended a meeting with fellow actors for his soap opera. Their claims were bolstered by the judicial affidavit issued by ABS-CBN corroborating their testimonies that they were shooting scenes at the time of the supposed marriage ceremony.

Benjamin B. Pulta

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