Cario vs Cario

February 2, 2001
Ponente: YNARES,-SANTIAGO, J
Topic: Void Marriages - Effects of Final Judgment Declaring Nullity On Remarriage
Facts:
SPO4 Santiago Cario contracted two marriages in his lifetime. The first was on June 20, 1969, with
Susan Nicdao Cario, petitioner and the second was on November 10, 1992 with respondent, Susan
Yee Cario, who has been living with SPO4 Santiago Cario since 1982.
In 1988 SPO4 Cario became ill and bedridden because of diabetes complicated by pulmonary
tubercolosis. He died November 23, 1992 under the care of Susan Yee who has been taking care of
her and who also took care of his medical and burial expenses. Both the petitioner and the
respondent filed claims for monetary benefits and financial assistance pertaining to the deceased
from various government aganecies. Petitioner was able to collect a total of P146,000.00 from
MBAI, PCCUI, Commutation, NAPOLCOLM and Pag-ibig while respondent received a total of
P21,000.00 from GSIS Life, Burial (GSIS) and Burial (SSS).
On December 14, 1993, respondent filed the instant case against petitioner praying that she be
ordered to return at least one-half of the P146,000.00. Petioner failed to give heed to the many
summons she received, so she was declared in default. Respondent admitted that her marriage
with SPO4 Cario was contracted while the his marriage with petitioner was still subsisting and that
she only found out about this on the funeral of the deceased. She then alleges that SPO4 Carios
marriage with Susan Nicdao is void ab initio because it was contracted without a valid marriage
license. She has proof, which is the marriage contract of SPO4 Cario and Susan Nicdao which
bears no marriage license number at all and a certification from the local civil registrar of San Juan
stating that they cannot issue a copy of the marriage license of SPO4 Cario and Susan Nicdao
because none can be found in their records. On August 28, 1995, the trial court ruled in favor of the
respondent. The court of appeals affirmed in toto with the RTC.

Family Code - Art. 40. The absolute nullity of a previous marriage may be invoked
for purposes of remarriage on the basis solely of a final judgment declaring such
previous marriage void.
Family Code Art. 148. In cases of cohabitation not falling under the preceding
Article, only the properties acquired by both of the parties through their actual joint
contribution of money, property, or industry shall be owned by them in common in
proportion to their respective contributions. In the absence of proof to the contrary,
their contributions and corresponding shares are presumed to be equal. The same
rule and presumption shall apply to joint deposits of money and evidences of credit.

Issues:
Whether or not SPO4 Carios marriage with Susan Yee is valid based on the previous allegations.
o Whether or not Susan Yee is entitled to anything left behind by SPO4 Cario.
Decision:
Petition is granted; the decision of the CA affirming the RTC is reversed and set aside.
Original petition of respondent is now dismissed.
Held
1. Both marriages of SPO4 Cario are
void ab initio
2. Susan Yee has no claims to SPO4
Carios estate

Ratio
1. FC 40 states that a final judgment
declaring
nullity
of
previous
marriage is needed to remarry,
without which, the subsequent
marriage is also void.

2. Since their marriage is a bigamous

marriage, FC 148 applies to it. And
since monetary amount in issue is
patently borne out of SPO4
Carios labor alone, she is not
entitled to any of it,