Imprescriptibility of Action or existence of the prior was null and void as

Defense she and first husband Eduardo Maxion was

forced to enter the said marital union.
Engrace Ninal, et. al. v. Norma
Bayadog, G.R. No. 133778, Mar 14, SC ruled that there is no need to
2000 prove that her first marriage was vitiated by
After their father’s death, his heirs from force committed against both parties
the first marriage collaterally attacked because assuming this to be so, the
the validity of his second marriage on marriage will not be void but merely
account of being void for want of a valid voidable. Since no annulment has yet been
marriage license. SC ruled that the made when she married the 2nd time, she
action for the annulment of marriage was still validly married to her first husband.
survives the death of the parties. Heirs Her 2nd marriage is void
may collaterally attack the validity of
marriage if it is essential for the Terre v. Terre, 211 SCRA 7, July 2, 1992
determination of the decedent's legitime. Complainant Dorothy B. Terre charged
Enrico v. Heirs of Sps. Medinaceli, respondent Jordan Terre, a member of the
G.R. No. 173614, Sept. 28, 2007 Philippine Bar with “grossly immoral
conduct,” consisting of contracting a second
The heirs of Spouses Enrico filed a
marriage and living with another woman
petition for the declaration of nullity of
while his prior marriage with complainant
the marriage of their deceased father,
Eulogio and Trinidad. remained subsisting. No judicial action
having been initiated or any judicial
Court ruled that as a general rule, only declaration obtained as to the nullity of
the contracting parties may file for a marriage.
petition for the declaration of the nullity
of marriage. The heirs' course of action Respondent Jordan Terre sought to defend
is only to collaterally attack the validity of himself by claiming that he had believed in
the 2nd marriage in a proceedings for good faith that his prior marriage with
the disposition of the decedent's estate. complainant Dorothy Terre was null and
void ab initio and that no action for a
Nullity of Previous Marriage; Final
Judgment, Basis For Purposes of judicial declaration of nullity was necessary.
Remarriage The court ruled the claim of “no action for a
judicial declaration of nullity was necessary”
Wiegel v. Sempio - Diy, 143 SCRA 499; on the part of respondent Jordan Terre as a
August 19, 1986 spurious defense.
After Karl Heinz Wiegel filed for the Domingo v. CA Sr Delia Auera, GR No.
declaration of nullity of his marriage with 104818, Sept. 17, 1993, 226 SCRA 572
Lilia Oliva Wiegel on the ground of Lilia’s
previously existing marriage to one Eduardo Delia Soledad A. Domingo filed a
A. Maxion. Lilia, the wife admitted that the "Declaration of Nullity of Marriage and
Separation of Property" against petitioner
Roberto Domingo after knowing that Respondent has not shown any vested right
husband had a previous marriage, is valid that was impaired by the application of
and still existing. The court ruled that the Article 40 to his case.
nullification of a marriage for the purpose
Valdes v. RTC, GR No. 122749 July 31 1996;
of contracting another cannot be
260 SCRA 221
accomplished merely on the basis of the
perception of both parties or of one that The marriage of Antonio Valdez and
their union is defective. Were this so, this Consuelo Gomez was declared null and void
inviolable social institution would be on the ground of psychological incapacity.
reduced to a mockery and would rest on a The trial court directed the parties to start
very shaky foundation. proceedings on the liquidation of their
common properties as defined by Article
Atienza v. Brillantes, Jr., A.M, No. MTJ-92-
147 of the Family Code, and to comply with
708, March 29, 1995,243 SCRA 32
the provisions of Articles 50, 51 and 52 of
Respondent judge was sleeping with the the same code.
wife of the complainant so the latter filed
The court ruled that in a void marriage,
Gross Immorality and Appearance of
regardless of the cause thereof, the
Impropriety. The judge denied having been
property relations of the parties during the
married because their marriage was
period of cohabitation is governed by the
celebrated twice without marriage license.
provisions of Article 147 or Article 148, such
On his marriage to De Castro in a civil rite
as the case may be, of the Family Code and
was executed because he believed in good
not Article 50, 51 and 52 of the Family
faith and for all legal purposes, his first
Code. The first paragraph of Articles 50 of
marriage was solemnized without marriage
the Family Code, applying paragraphs (2),
license. He argues that Article 40 of the
(3), (4) and (5) of Article 43, relates only, by
Family Code is not applicable in his case
its explicit terms, to voidable marriages and,
because his first marriage in 1965 was
exceptionally, to void marriages under
governed by the Civil Code and his second
Article 40 of the Code, i.e., the declaration
marriage in 1991 was under the Family
of nullity of a subsequent marriage
Code.
contracted by a spouse of a prior void
Article 40 is applicable to remarriages marriage before the latter is judicially
entered into after the effectivity of the declared void.
Family Code on August 3, 1988 regardless of
People v. Vicente Cobar, CA - G.R. No.
the date of the first marriage. Besides,
19344, Nov. 10, 1997
under Article 256 of the Family Code, said
Article is given "retroactive effect insofar as A marriage was solemnized a year after
it does not prejudice or impair vested or issuance of marriage license. Respondent
acquired rights in accordance with the Civil later contracted a second marriage but his
Code or other laws." This is particularly true first had not been judicially declared void ab
with Article 40, which is a rule of procedure. initio
The Supreme found that they have used an nullity of his first marriage on the ground
expired marriage license their marriage was that it was celebrated without a marriage
deemed solemnized without a license and license. Petitioner moved to quash the civil
as such it is void from the beginning. SC said case pending the criminal case of bigamy
that Vicente is not liable for bigamy,
The court ruled that he was still legally
subsequent marriage to 2nd wife is void
married when he contracted his second
because of the failure to comply for a
marriage with the petitioner. The decision
judicial declaration of nullity of the former
in the civil action would not erase the fact
marriage and the registration of the
that he contracted his second marriage with
judgement with the civil registry. Even if
the petitioner, thus the decision in the civil
marriage is void, the declaration is needed
case is not essential to the determination of
before any party can marry again
the criminal case of bigamy therefore it is
Apiag v Contero, 268 SCRA 61 not a prejudicial question.
Defendant judge left the conjugal home Mercado v. Tan, G.R. No 137110 August 1,
without any reason and left the wife to 2000
raise the children. They later learned that
Dr. Vicente Mercado was previously
the Judge had another family and when the
married with Thelma Oliva in April 10, 1976
wife asked for support but she was ignored
before he contracted marriage with
by the Judge.
Consuelo Tan in June 27, 1991. Tan then
The respondent judge did not obtain judicial filed a bigamy case against Dr. Mercado and
declaration of nullity of marriage to Maria one month after, Dr Mercado filed for an
Apiag prior to his second marriage. Even if a action for declaration of nullity of marriage
marriage though void still needs a judicial against Oliva. The RTC decision in 1993
declaration of such fact before any party declared the marriage between Mercado
can marry again otherwise the second and Oliva null and void.
marriage will also be void.
SC ruled that the filing of declaration of
Bobis v. Bobis, GR No. 138509, July 31, nullity should be done before contracting
2000 another marriage. Mercado was already
married to Tan but he did not file a
Respondent Isagani Bobis
declaration of nullity of marriage with Oliva
contracted his first marriage with Maria
until Tan filed a case of Bigamy. The crime
Javier, without the first marriage annulled
had been consummated by then, to file a
or nullified he again contracted another
petition to have his first marriage void after
marriage with petitioner Imelda Bobis and
Tan charged him with bigamy is not defense
allegedly a third marriage with certain Julia
in a bigamy case.
Hernandez. An information of bigamy was
filed against Isagani based on Imelda's Ty v Court of Appeals, G.R. No. 127406,
complaint. Respondent Isagani then a civil Nov. 27, 2000
action of judicial declaration of absolute
Edgardo Reyes and Anna Villanueva were for voidable marriage. Hence, he was still
married twice, in civil rites and in church, in validly married when he committed bigamy.
1977. Both weddings were declared null
Susan Nicdao Carino v. Susan Yee Carino,
and void ab initio for lack of marriage
GR No. 132529, Feb. 2, 2001
license and consent of the parties. Even
before the decree nullifying the marriage During the lifetime of SP04 Santiago
was issued, Reyes contracted another S. Carino, he contracted two marriages. The
marriage. The decree was only issued in second wife admitted that her marriage
August 1980. In January 1991, Reyes filed with the SPO4 took place during the
with RTC a complaint to have his marriage subsistence of, and without first obtaining a
with petitioner be declared null and void. judicial declaration of nullity, the marriage
between husband’s first.
SC ruled that decree of nullity is required.
Both marriages entered by Reyes were The court sustained that the 2nd marriage
solemnized prior to the Family Code. The between is null and void for the same has
old Civil Code did not have any provision been solemnized without the judicial
that states that there must be such a declaration of the nullity of the marriage of
declaration before remarriage can be done the first. Under Article 40, if a party who is
hence 2nd marriage is valid. The provisions previously married wishes to contract a
of the Family Code (which took effect in second marriage, he or she has to obtain
1987) cannot be applied retroactively first a judicial decree declaring the first
especially because they would impair the marriage void, before he or she could
vested rights of 2nd wife under the Civil contract said second marriage, otherwise
Code which was operational during her the second marriage would be void.
marriage with Reyes.
Morigo v. People, G.R. No. 145226,
Te v. CA, G.R. No. 126746, November 29, February 6, 2004
2000
Lucio Morigo and Lucia Barrete got married
Petitioner contracted another marriage in 1990. Barrete went back to Canada for
while still married to Liliana. Hence, Liliana work and filed petition for divorce in
filed a bigamy case against Te and Ontario Canada, which was granted. In
administrative case for the revocation of his 1992, Morigo married Lumbago. He
and his mistress’ engineering license. Te subsequently filed a complaint for judicial
filed a petition for nullity of marriage. RTC declaration of nullity on the ground that
rendered a decision on the bigamy case there was no marriage ceremony. Morigo
even the petition for annulment was was then charged with bigamy. He claimed
pending. that his marriage with Barrete was void ab
initio and contented he contracted second
SC ruled that the annulment case had no
marriage in good faith.
bearing on Te’s guilt in the bigamy case. The
ground cited by Te for the annulment was Court ruled that considering that the first
marriage was void ab initio makes Morigo
acquitted in the Bigamy case. Morigo’s RTC for lack of marriage license. In 2003,
marriage with Barrete is void ab initio before death of his wife, he was charged for
considering that there was no actual bigamy by a private complainant.
marriage ceremony performed between
SC ruled that Parties to the marriage should
them by a solemnizing officer instead they
not be permitted to judge for themselves its
just merely signed a marriage contract. The
nullity, for the same must be submitted to
petitioner does not need to file declaration
the judgment of competent courts and only
of the nullity of his marriage when he
when the nullity of the marriage is so
contracted his second marriage with
declared can it be held as void, and so long
Lumbago. Hence, he did not commit bigamy
as there is no such declaration, the
and is acquitted in the case filed.
presumption is that the marriage exists.
Tenebro v. Court of Appeals, GR No. Therefore, he who contracts a second
150758, February 18, 2004, 423 SCRA 272 marriage before the judicial declaration of
nullity of the first marriage assumes the risk
Petitioner has contracted 3 marriages.
of being prosecuted for bigamy.
Petitioner was charged with a case of
bigamy to which he then defended himself Lasanas v. People of the Philippines, G.R.
saying that her previous marriage was not No. 159031, June 23, 2014
valid as there was no solemnization and
Petitioner was married to first wife without
that the second marriage is also void on the
the benefit of a marriage license or an
grounds of him being psychologically
affidavit of cohabitation. He separated de
incapable of exercising marriage
facto with first wife in 1992 and married
obligations.
again in 1993. In 1996, he filed a complaint
SC ruled that the court of appeals has ruled for annulment of marriage with first wife
correctly as Tenebro had not obtained all and while pending, the first wife filed a case
the necessary requirements to nullify the of bigamy against him.
previous marriage. Without having
Court used Article 349 of the Revised Penal
complied with the necessary requisites in
Code which indicates that the provision
order for him to be able to acquire the
penalizes the mere act of contracting a
ability of being married for the second time,
second or subsequent marriage during the
he has contracted the second marriage in
subsistence of a valid marriage.
violation to the RPC and must be held liable
for the crime of bigamy. Santos v. Santos, G.R. No. 187061, Oct. 8,
2014
People of the Philippines v. Edgardo V.
Odtuhan, G.R. No. 1911566, July 17, 2013 Husband filed for the presumptive death of
her wife in order to remarry in 2008. He
Respondent married Modina in 1980 and in
contends that after his wife left to work as a
1993, contracted marriage to Alagon. In
domestic helper in Hong Kong, he has never
1994, he filed for annulment of marriage his
heard from her for 12 years. He claims to
marriage with Modina and was granted by
have exerted efforts to locate her but even
her relatives don't know of her National Statistics Office. Alice subsequently
whereabouts. His petition was granted. On filed a criminal Complaint for bigamy
the other hand, wife petitioned for an against Norberto.
annulment of judgment as the allegations of
Court ruled that the Certification from the
her husband were false as she was never
Office of the Civil Registrar that it has no
absent.
record of the marriage license is suspect.
The issue is on the appropriate remedy that Assuming that it is true, it does not
must be filed by the wife in order to dismiss categorically prove that there was no
her presumptive death as filed by her marriage license. Furthermore, marriages
husband for the purpose of not only are not dissolved through mere
terminating the subsequent marriage but certifications by the civil registrar. For more
also of nullifying the effects of the than seven (7) years before his second
declaration of presumptive death and the marriage, petitioner did nothing to have his
subsequent marriage, mere filing of an alleged spurious first marriage declared a
affidavit of reappearance would not suffice. nullity. Even when this case was pending, he
Wife's choice to file an action for annulment did not present any decision from any trial
of judgment will, therefore, lie. court nullifying his first marriage.
Social Security Commision v. Azote, G.R.
No. 209741, April 15, 2015
Validity of Void Marriage Collaterally
Respondent filed her claim for death Attacked
benefits with the SSS as wife of a deceased-
De Castro v. De Castro, GR No. 160172,
member. The SSS records, however, show
Feb. 13, 2008
that an earlier submission by the deceased
provides for a different wife-beneficiary and Reinel and Annabelle applied for a marriage
therefore, her claim was denied by the license in September 1994. When the
Social Security Commission. couple went back to the Office of the Civil
Registrar, the marriage license had already
Court ruled that SSS is not intrinsically
expired. Thus, in order to push through
empowered to determine the validity of
with the wedding despite of absence of
marriages, it is required by Section 4 (b) (7)
marriage license, they executed an affidavit
of R.A. No. 8282 to examine available
stating that they lived together for at least
statistical and economic data to ensure that
five years. But, they did not live together as
the benefits fall into the rightful
husband and wife. Annabelle gave birth to a
beneficiaries."
daughter, and filed a complaint for support
Norberto A. Vitangcol v. People, G.R. No. against petitioner alleging that she is
207406, January 13, 2016 married to petitioner and that the latter has
a responsibility or obligation to financially
Wife discovered that Husband was
support her as his wife and their child.
previously married as evidenced by a
marriage contract registered with the
Reinel denied that they are married and disapproval of him (2) it was incredible for a
claimed that the marriage is void ab initio learned person like petitioner to not know
because the affidavit they jointly executed of his true civil status (3) Estela, who was
is a fake. The trial court ruled that the the more credible witness, compared to
marriage is not valid because it was petitioner who had various inconsistent
solemnized without a marriage license. testimonies, straightforwardly testified that
However, it declared petitioner as the she had already told petitioner on two
natural father of the child, and thus obliged occasions that the former was the legal wife
to give her support. of Nicanor. In People v. Archilla, knowledge
of the second wife of the fact of her
Court ruled the marriage is void ab initio.
spouse’s existing prior marriage, constitutes
The false affidavit which petitioner and
an indispensable cooperation in the
respondent executed so they could push
commission of Bigamy, which makes her
through with the marriage has no value
responsible as an accomplice. She is not co-
whatsoever; it is a mere scrap of paper.
accused.
They were not exempt from the marriage
license requirement. Their failure to obtain Declaration of Presumptive Death/
and present a marriage license renders their Requisite for Remarry
marriage void ab initio
Republic v. Nolasco, GR No. 94053, March
Santiago v. People of the Philippines, GR. 17, 1993, 220 SCRA 20
No. 200233, July 15, 2015
Gregorio Nolasco was a seaman who
4 months after solemnization of marriage, married a British citizen named Janet
Leonila (petitioner) and Nicanor Santiago Parker, they established residence in
were served an information for Bigamy for Antique but Janet left the country after
the prosecution adduced that Nicanor was giving birth to her son. After 5 years,
still married to Estela when he entered into Gregorio filed for a presumptive declaration
the 2nd marriage. She claimed that she of death of his absent spouse before the
thought he was single. She soon averred RTC.
that their marriage was void due to lack of
SC believes that respondent Nolasco failed
marriage license, wherein she should not
to conduct a search for his missing wife with
then be charged with bigamy. Estela
such diligence as to give rise to a ""well-
Galang, the first wife, testified that she had
founded belief"" that she is dead.” Nolasco
met petitioner and introduced herself as
did not even ask for the help of Liverpool
the legal wife.
police, talking only the “friends of Janet”,
Lower courts consistently found that who were not named. He did not conduct a
petitioner indeed knew of the first marriage ‘reasonably diligent search’.
as shown by the totality of the following
Principle: In order to establish well-founded
circumstances: (1) when Nicanor was
belief of the death of an absent spouse, a
courting and visiting petitioner in the house
of her in-laws, they openly showed their
reasonably diligent search must be Republic v. Court of Appeals, et. al., GR No,
conducted 163604, May 6, 2005
Calisterio v. Calisterio, GR No. 13646 , April Clemente P. Jomoc, an absentee spouse
6, 2000 who left his wife for nine years, is declared
presumptively dead by Ormoc City RTC
Marietta Calisterio’s successional rights of
upon the petition of his wife Apolinaria
her late husband’s estate was assailed by
Malinao Jomoc in her desire to contract a
her husband’s sister Antonia Calisterio, who
valid subsequent marriage. The Republic,
alleged that Marietta’s marriage to her
through OSG, contends that under Article
brother was null and void because Marietta
41 of the Family Code such declaration is
was previously married to James Bounds- a
not a special proceeding requiring a record
man who had disappeared 11 years before
on appeal.
Marietta and Antonia’s brother Teodorico
got married. SC ruled that since the purpose was to
contract a valid subsequent marriage, the
SC ruled that since the code in effect during
petition required a summary proceeding
the time this marriage (1958) was
following Art. 41 Par. 2, whereby filing of a
solemnized was the civil code and not the
Notice of Appeal is sufficient in seeking to
Family code, a judicial declaration of
appeal the RTC’s order.
absence of the absentee spouse is not
necessary, as long as the prescribed period Eduardo Manuel v. People, GR No. 165842,
of absence is met (7 consecutive years). November 29, 2005
Republic v. Bermudez-Lorino, GR. No. Eduardo P. Manuel contracted
160258, Jan 19, 2005 second marriage in good faith after 20 years
of no communication with his first wife,
9 years after leaving husband due to being
believing that his first marriage was no
violent, habitual-drinker, who could not get
longer valid. After finding out from NSO of
properly employed because he opted to go
his subsistent first marriage he was charged
out with his friends more, Gloria filed for a
with bigamy by his second wife.
declaration of presumptive death of her
husband. SC ruled that petitioner should have
adduced in evidence a decision of a
Gloria Bermudez established sufficient
competent court declaring the presumptive
factual basis for the judicial declaration of
death of his first wife as required by Art.
his husband’s death, and was given a final
349 of the Revised Penal Code in relation to
and executory judgement by the RTC. The
Art 41 of the Family Code. It is one of the
Supreme Court no longer ruled on this
means to ensure the procurement of the
issue, it was the substantive issue of the
most positive evidence of the presumptive
declaration of the judgement as final and
death of the absentee spouse.
executory.
Republic v. Court of Appeals, et. al., GR No, the marriage cannot be impeached, and is
159614, Dec 8, 2009 made good ab initio. As no step was taken
to nullify, in accordance with law, Bailon’s
Alan B. Alegro, not hearing from his
and respondent’s marriage prior to former’s
wife for 6 years, petitioned for the
death, respondent is rightfully the
declaration of presumptive death of his wife
dependent spouse-beneficiary of Bailon.
Rosalia (Lea) A. Julaton for the purpose of
contracting subsequent marriage, which the Effects of Reappearance
RTC granted.
Santos v. Santos, G.R. No, 187061, Oct. 8,
SC ruled that respondent did report 2014
and seek the help of the local police
Husband Ricardo filed judicial declaration of
authorities and the NBI to locate his wife,
presumptive death against his wife Celerina,
but only as an afterthought. In respondent’s
who sought work abroad and was not heard
failure to prove that he had a well-founded
of, as he has already remarried. Wife then
belief that his wife is already dead and that
filed for annulment of judgment for
he exerted the required amount of diligence
husband's misrepresentation of her
in searching for his missing wife, the RTC
whereabouts. Celerina refuted that it was
should have denied the husband’s petition.
the husband who left the conjugal home to
SSS v. Vda de Bailon, GR No. 165545, live with his girlfriend, that she never left
March 24, 2006 the country to work abroad. CA said wife
should have filed for presumption of
Clemente G. Bailon petitioned for the
reappearance instead.
declaration of presumptive death of his wife
after more than 15 years of absence. Close Court ruled that for the purpose of not only
to 10 years after the declaration, Bailon terminating the subsequent marriage but
contracted second marriage and upon his also of nullifying the effects of the
death the second wife was able to claim the declaration of presumptive death, mere
death benefits. The first wife eventually filing of an affivadit of reappearance would
emerged and attested that she is the widow not suffice. Case was remanded to the CA.
of Bailon whom he left when she found out
Voidable Marriages/ Consent Obtained
his extramarital affair, and that she only
through Fraud
knew recently of the petition for her to be
declared presumptively dead. Almelor v. Regional Trial Court, G.R. No.
179620, August 26, 2008
Action for annulment became extinguished
as soon as one of the 3 persons involved Wife Leonida filed petition for nullity of
had died as provided in Art. 87 Par. 2. It marriage due to psychological incapacity
cannot be assailed collaterally except in a (homosexuality) against her husband
direct proceeding and only during the Manuel. RTC nullified marriage not based
lifetime of the parties and not after the on Art. 36 but on Art. 45. Manuel,
death of either. Upon the death of either, thereafter, filed for annulment of judgment
with the CA. CA said the remedy sought was Albios filed a petition for declaration of
wrong, it should have been an ordinary nullity of her marriage with Fringer. She
appeal. described her marriage as one made in jest
since the purpose of their marriage was for
SC rule that the stringent rules of
personal gain, which is foreign citizenship
procedures may be relaxed to serve the
for Albios and $2,000 for Fringer.
demands of substantial justice and in the
Court's exercise of equity jurisdiction. SC Court ruled that consent by both parties
granted petition, reversed appealed were conscious and intelligent since they
decision and dismissed petition in the trial understood the nature, and the beneficial
court of annul the marriage. and inconvenient consequences of their
marriage, as nothing impaired their ability
Consent Obtained by Force, Intimidation or
to do so. That their consent was freely given
Undue Influence
is best evidenced by their conscious
Villanueva v. Court of Appeals, 505 SCRA, purpose of acquiring American citizenship
Oct. 27, 2006 through marriage since there was clear
intention to enter into a real and valid
Orlando Villanueva filed for nullity of
marriage so as to fully comply with the
marriage forced upon him by Lilia, who at
requirements of an application for
that time was pregnant, and that he never
citizenship.
cohabitated with her nor got her pregnant.
RTC ruled in favor of the wife who stated Physical Incapacity for Consummating the
that husband freely married her. CA Marriage
affirmed RTC's decision, making husband
Alcazar v. Alacazar, G.R. No. 174451, Oct.
pay exemplary damages and attorney's fees
13, 2009
and costs.
Petitioner filed for an annulment of
The Court is not convinced that appellant's
marriage due to the respondent’s physical
apprehension of danger to his person is so
incapacity of consummating their marriage;
overwhelming as to deprive him of the will
respondent did not live with petitioner in
to enter voluntarily to a contract of
her home. Respondent then left for Riyadh
marriage as the appellant worked as a
to work and never communicated with
security guard in a bank. It is reasonable to
petitioner
know that the appellant knew the
rudiments of self-defense. Exemplary No evidence was presented to establish
damages is allowed only in addition to that respondent was in any way physically
moral damages. Private respondent failed incapable to consummate his marriage with
to satisfactorily establish her claim for petitioner. Petitioner even admitted that
moral damages, likewise she is not entitled she and the respondent had sexual
to exemplary damages. intercourse after their wedding and before
respondent left for abroad Incapacity to
Republic of the Philippines v. Albios, G.R.
consummate denotes the permanent
No. 198780, Oct. 16, 2013
inability on the part of the spouses to Husband filed a petition for declaration of
perform the complete act of sexual nullity of their marriage. For failure of wife
intercourse. No physical incapacity, no to file her answer to the petition. The case
ground for annulling petitioner’s marriage was set for hearing. RTC annulled the
to respondent marriage. Wife failed to present any
evidence. As ordered and on the motion of
No Declaration of Default
petitioner’s counsel deemed to have waiver
Tuazon v. CA, GR No. 116607, April 10, her right to present any further evidence.
1996, 256 SCRA 160, .70 SCAD 132 Wife claimed that her reasons for her
absence during hearings were justifiable
Respondent filed a petition for annulment
or declaration of nullity of her marriage to SC rule that the situation is not akin to
petitioner Petitioner failed to appear on the default at all, where, for failure of
scheduled hearing and on oral motion of defendant to file his responsive pleading
private respondent, the court declared and after evidence for the plaintiff has been
petitioner to have waived his right to received ex parte, the court renders a
present evidence and deemed the case judgment by default on the basis of such
submitted for decision on the basis of the evidence.
evidence presented. Trial court rendered
Effects of Annulment
judgement declaring the nullity of private
respondent’s marriage to petitioner and Ledesma v. Intestate Estate of Cipriano
awarding custody of the children to private Pedrosa, 219 SCRA 806
respondent.
Angelica Ledesma's marriage to Cipriano
Petitioner claims he was denied due process Pedrosa was declared a nulled; properties
when, after failing to appear on two acquired by plaintiff and Angelica Ledesma
scheduled hearings, the trial court deemed at the time they were living together as
him to have waived his right to present common-law husband and wife is owned by
evidence and rendered judgement on the them as co-owners. Pending receipt by the
basis of the evidence of private respondent court of the ordered inventory, Cipriano
Pedrosa died. A separate petition for the
Court said that relief will not be granted to
probate of his last will and testament was
a party who seeks avoidance from the
filed. Due to disagreement of the parties on
effects of the judgement when the loss of
the characterization of the properties, the
the remedy at law was due to his own
court in the partition proceedings ordered
negligence. Petitioner was not declared in
(30 March 1990) the submission of
default by the trial court for failure to
comments, objections and manifestations
answer since petitioner filed his answer to
on the project of partition submitted by the
the complaint and contested the cause of
parties.
action alleged by private respondent
The respondent presiding judge is directed
Ma. Lourdes De Castro v. De Castro, Jr.,
to determine which of the properties of the
G.R. No. 172198, June 16, 2009
conjugal partnership should be adjudicated Petitioner Cynthia Bolos (Cynthia) filed a
to the husband and the wife petition for the declaration of nullity of her
marriage to respondent Danilo Bolos
Domingo v. CA & Delia Auera, GR No.,
(Danilo) under Article 36 of the Family. RTC
104818, Sept. 17, 1993, 226 SCRA 572
granted the petition for annulment
Specifically, A.M. No. 02-11-10-SC extends
Petitioner and Teofilo were brother’s who
only to marriages covered by the Family
inherited a lot of lands that was divided to
Code, which took effect on August 3, 1988,
both of them. When Teofilo died Petitioner
but, being a procedural rule that is
filed for a petition to annul the marriage of
prospective in application, is confined only
Teofilo and Felicidad for there was no
to proceedings commenced after March 15,
marriage license.
2003.
SC ruled that ONLY a spouse can initiate an
Considering that the marriage between
action to sever the marital bond for
Cresenciano and Leonila was contracted on
marriages solemnized during the effectivity
December 26, 1949, the applicable law was
of the Family Code, except cases
the old Civil Code, the law in effect at the
commenced prior to March 15, 2003. SC set
time of the celebration of the marriage.
aside the ruling of the RTC.
Office of the administrator vs. Hon. Liberty
Ablaza vs. Republic
O. Castaneda
The petitioner filed for the nullity of the
Honorable Liberty O. Castaneda and some
marriage of his late brother Cresenciano
of his workmates are being charged by the
and Leonila Honata for he alleged that there
Office of the administrator for negligence of
was no marriage license.
duty. Further investigation of these cases
Specifically, A.M. No. 02-11-10-SC extends revealed various irregularities in the
only to marriages covered by the Family proceedings.
Code, which took effect on August 3, 1988,
SC ruled that Hon. Judge Liberty O.
but, being a procedural rule that is
Castaneda was found guilty in his
prospective in application, is confined only
disregarding the provision. Judge Castañeda
to proceedings commenced after March 15,
allowed the petitions for nullity of marriage
2003.
or annulment to prosper despite the
Considering that the marriage between impropriety of venue. The audit showed
Cresenciano and Leonila was contracted on that most of the parties in these petitions
December 26, 1949, the applicable law was are not actual residents of the places under
the old Civil Code, the law in effect at the the territorial jurisdiction. A number of the
time of the celebration of the marriage. addresses reflected on the pleadings are
incomplete or vague, some are
handwritten, typewritten or super-imposed
Bolos vs. Bolos on blanks, or even left completely blank.
Many of the respondents raised the issue of
improper venue, which Judge Castañeda
ignored. Because of this he was dismissed
from service without pension.