Sharing my personal case digest on Republic vs Albios.


Petitioner is married to an American citizen, Fringer before MTC- Mandaluyong to enable her to acquire American citizenship; that in consideration thereof, she agreed to pay him the sum of $2,000.00. In 2006, Albios filed with the RTC a petition for declaration of nullity of her marriage with Fringer. She alleged that immediately after their marriage, they separated and never lived as husband and wife because they never really had any intention of entering into a married state or complying with any of their essential marital obligations. She described their marriage as one made in jest and, therefore, null and void ab initio.


W/N marriage, contracted for the sole purpose of acquiring American citizenship in consideration of $2,000.00, void ab initio on the ground of lack of consent?


NO.  Consent was not lacking. Consent was freely given is best evidenced by their conscious purpose of acquiring American citizenship through marriage. There is no law that declares a marriage void if it is entered into for purposes other than what the Constitution or law declares, such as the acquisition of foreign citizenship.

Marriages entered into for other purposes, limited or otherwise, such as convenience, companionship, money, status, and title, provided that they comply with all the legal requisites, are equally valid.

A marriage in jest is a pretended marriage, legal in form but entered into as a joke, with no real intention of entering into the actual marriage status, and with a clear understanding that the parties would not be bound.

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