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