Similarly, we are not impressed by the ratiocination of the Republic
that as a marriage under a license is not invalidated by the fact that
the license was wrongfully obtained, so must a marriage not be
invalidated by a fabricated statement that the parties have cohabited
for at least five years as required by law. The contrast is flagrant.
The former is with reference to an irregularity of the marriage license,
and not to the absence of one. Here, there is no marriage license at
all. Furthermore, the falsity of the allegation in the sworn affidavit
relating to the period of Jose and Felisa's cohabitation, which would
have qualified their marriage as an exception to the requirement for a
marriage license, cannot be a mere irregularity, for it refers to a
quintessential fact that the law precisely required to be deposed and
attested to by the parties under oath. If the essential matter in the
sworn affidavit is a lie, then it is but a mere scrap of paper, without
force and effect. Hence, it is as if there was no affidavit at all.
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