Court of Appeals grants annulment of Diether Ocampo and Kristine Hermosa's marriage

After more than two years of waiting, Kristine Hermosa's petition to annul her marriage to actor Diether Ocampo was finally granted. The Court of Appeals explained that the absence of a marriage certificate, being an essential element for the validity of the marriage, rendered the marriage null and void.

Kristine Hermosa's marriage to Diether Ocampo has been declared null and void by the Court of Appeals (CA).

According to the report published in Abante today, February 11, the CA sustained the lower court's decision to nullify the marriage of the couple in 2004.

It can be recalled that Kristine initially filed the annulment of her marriage to Diether on June 21, 2005. She argued that a marriage certificate was not given during the marriage ceremony that was solemnized by Mayor Antonio Esquivel on September 21, 2004 in Jaen, Nueva Ecija. (Click here to read related article.)

In the nine-page decision written by CA Second Division Associate Justice Sesinando Villalon, it was explained that the 25-year-old actress gave sufficient documentary and testimonial evidence to prove that a marriage certificate was not issued.

The CA added that the absence of the primary requisites is a vital element to prove the marriage between two persons. It also clarified that the one year and one month marriage of Diether and Kristine has been invalid ever since.

A part of the decision read: "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 the facts of trial courts are entitled to great weight on appeal and should not be disturbed except for strong and valid reasons."

Meanwhile, the appellate court also junked the request of the Office of the Solicitor General (OSG) to reverse the decision of the Makati City Regional Trial Branch 136 on March 31, 2006, which also declared the union of the two Kapamilya actors null and void.






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