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REPUBLIC VS Art 2 Cadandahan was found out to have Congenital Adrenal Hyperplasia Whether or not the - Supreme Court considered the person as an
CADANDAHAN Marriage shall be valid, unless these (CAH) which is a condition where the person acted has both male defendant should be intersex individual and granted the
essential requisites are present: and female characteristics and organs and where, through expert allowed to change her preference of the person to be considered as
1. Legal capacity of the contracting evidence it was shown that the respondent though genetically a gender or sex in her a male person, thereby allowing the
parties who must be male and a female, secreted male hormones, and not female hormones, had no birth certificate amendment of the birth certificate of the
female; and breast, and did not have any monthly menstrual period person from fetale to male
2. Consent freely given in the - Intersex individual are treated in different
presence of the solemnizing officer ways by different cultures
- Give respect to (1) the diversity of nature and
(2) how an individual deals with what nature
has handed out

SILVERIO VS Art 2 Petitioner, Rommel Jacinto Dantes Silverios, filed a petition for a The sole issue here is - RTC granted
REPUBLIC Marriage shall be valid, unless these change of his first name and sex in his birth certificate in the RTC of whether or not - CA dismissed
essential requisites are present: Manila petitioner is entitled to - SC dismissed
1. Legal capacity of the contracting He further alleged that he is transsexual, that is, anatomically male relief asked for - Petition lacks merit
parties who must be male and a but feels, thinks, and acts female and that he had always identified - A persons name cannot be changed on the
female; and himself with girls since childhood. Feeling trapped in a mans body, ground of sex reassignment
2. Consent freely given in the he consulted several doctors in the U.S. - No law allows the change of entry in birth
presence of the solemnizing officer From then on, petitioner lived as female and was in fact engaged to certificate as to sex on the ground of sex re-
be married. He then sought to have his name in his birth certificate assignment
changed from Rommel Jacinto to MELY and petitioners gender - Status refers to the circumstances
from male to FEMALE affecting the legal situation (that is, the
Civil Registrar of Manila to change the entries appearing in the birth sum total of capacities and incapacities) of
certificate of petitioner specifically for petitioners changed from a person in view of his age, nationality and
Rommel Jacinto to MELY and petitioners gender from male to his family membership
FEMALE - Neither may entries in the birth certificate as
The Republic of the Philippines, thru the OSG, filed a petition for to first name or sex be changed on the
certiorari in the Court of Appeals. It alleged that there is no law ground of equity
allowing the change of entries in birth certificate by reason of sex

REPUBLIC VS Art 4. Fringer, an America citizen, and Albios were married before Judge Whether or not the - RTC declared marriage void ab initio
ALBIOS The absence of any of the essential or Ofelia I. Calo of the Metropolitan Trial Court, Branch 59, Madaluyong marriage is void ab - CA affirmed the RTC ruling
formal requisites shall render the City (MeTC), as evidenced by a Certificate of Marriage with Register initio - OSG questioned the decision
marriage void ab initio, except as No. 2004-1588 - The SC ruled that a marriage solemnized for
states in Article 35(2) Albios filed with the RTC a petition for declaration of nullity 4 of her a financial consideration is valid and not in
A defect in any of the essential marriage with Fringer jest
requisites shall render the marriage She allged that immediately after the marriage, they separated and - Respondents marriage not void
voidable as provided in Article 45 never lived as husband and wife because they never really had any - The Court cannot declare such a marriage
An irregularity in the formal requisites intention of entering into a married state or complying with any of void in the event parties fail to qualify for
shall not affect the validity of the there essential marital obligations immigration benefits, after they have
marriage but the party or parties She described their marriage as one made in jest and, therefore, null availed of its benefits, or simply have no
responsible for the irregularity shall be and void ab initio further use for it
civilly, criminally and administratively

ARANES VS A marriage which preceded the They lived together as husband and wife on the strength of this - In the case at bar, the territorial jurisdiction of
JUDGE OCCIANO issuance of the marriage license is marriage until her husband passed away. However, since the respondent judge is limited to the municipality
void, and that the subsequent issuance marriage was a nullity, petitioner's right to inherit the "vast properties" of Balatan, Camarines Sur. His act of
of such license cannot render valid or left by Orobia was not recognized solemnizing the marriage of petitioner and
even add an iota of validity to the Petitioner prays that sanctions be imposed against respondent judge Orobia in Nabua, Camarines Sur therefore is
marriage. Except in cases provided by for his illegal acts and unethical misrepresentations w hich allegedly contrary to law and subjects him to
law, it is the marriage license that gives caused her so much hardships, embarrassment and sufferings administrative liability
the solemnizing officer the authority to When he discovered that the parties did not possess the requisite - Respondent judge should also be faulted for
solemnize a marriage. Respondent marriage license, he refused to solemnize the marriage and solemnizing a marriage without the requisite
judge did not possess such authority suggested its resetting to another date. However, due to the earnest marriage license.
when he solemnized the marriage of pleas of the parties, the influx of visitors, and the delivery of
petitioner. In this respect, respondent provisions for the occasion, he proceeded to solemnize the marriage
judge acted in gross ignorance of the out of human compassion
law Petitioner and Orobia assured respondent judge that they would give
the license to him in the afternoon of that same day. When they
failed to comply, respondent judge followed it up with Arroyo but the
latter only gave him the same reassurance that the marriage license
would be delivered to his sala at the Municipal Trial Court of Balatan,
Camarines Sur.

ENGRACE NINAL Art 34 The husband shot his wife to death Whether or not the - For ratification of marital cohabitation to
VS NORMA No license shall be necessary for the 8 months after, the husband married Badayog without applying for husbands marriage to apply, the 5 year cohabitation period has to
BAYADOG marriage of a man and a woman who for a marriage license. But made an affidavit stating that they have Badayog valid be characterised by exclusivity and must be
have lived taughter as husband and been cohabiting for 5 years free from any legal impediment
wife for at least 5 years without any The children of the first marriage assailed the marriage because their - It was established by evidence that the
legal impediment to marry each other. hereditary rights have been impaired husband married Badayog only after 10
The contracting parties shall state the months. This admitted that even during the
foregoing facts in an affidavit before lifetime of the 1st wife, they have been
any person authorised by law to cohabiting with each other, therefore not
administer oaths. The solemnizing exclusive and free from legal impediment
officer shall also state under oath that
he is ascertained the qualifications of
the contracting parties and fund no
legal impediment to the marriage

MANZANO VS Art 34 An administrative complaint against a judge who solemnized a Whether or not the - The SC had the occasion to enumerate the
SANCHEZ Requisites: marriage one the basis of Article 34 while still knowing that the marriage is valid requisites to be able to enjoy Article 34
a. The party must live together as husband was still married to someone else - The SC said that one of the requisites for this
husband and wife for at least 5 apply that the absence of legal impediments
years must be during the time of solemnization of
b. There must be no legal the marriage
impediments for them to marry - By clear implication, the SC abandoned the
each other Ninal doctrine
Ninal has now been overruled by this

REP VS JOSE Art 34. Jose and Felisa Dayot were married In lieu of a marriage license, Whether or not Joses - If the affidavit was falsified, the marriage
DAYOT A marriage which preceded the they executed a sworn affidavit that they had lived together for at marriage with Felisa is solemnized was not valid due to the absence
issuance of the marriage license is least 5years. valid considering that of a marriage license
void and that the subsequent issuance Jose contracted marriage with a certain Rufina Pascual. They were they executed a sworn - The affidavit of cohabitation would take place
of such license cannot render the both employees of the National Statistics and Coordinating Board. affidavit in lieu of the of the marriage license. Without it, it is
marriage valid or add an iota of validity Felisa then filed on June 1993 an action for bigamy against Jose and marriage license equivalent to not having a marriage license
to it an administrative complaint with the Office of the Ombudsman. requirement
On the other hand, Jose filed a complaint on July 1993 for
annulment and/or declaration of nullity of marriage where he
contended that his marriage with Felisa was a sham and his consent
was secured through fraud

OFFICE OF THE Art 34 An administrative complaint against MTC judges in Cebu City. Whether or not the - It is now clear that the SC reverts back to the
COURT The one in Manzano is just an obiter Accused of committing all the sins in the book couple's marriage Ninal doctrine
ADMINISTRATOR dictum and does not create a One of the illegal marriages solemnised were at least 200 marriages valid - The at least 5 year cohabitation must be
VS JUDGE precedent solemnised under Article 34 where the parties simply executed an characterized with exclusivity and free from
ANATALIO The falsity of an affidavit of marital affidavit of marital cohabitation legal impediments
NECESARIO cohabitation, where the parties have in It was noted by the OCA and the SC noted that these marriages
truth fallen short of the minimum 5 year involved parties with ages 20 and below when they executed the
requirement, effectively renders the affidavit
marriage void ab innate for lack of By logical conclusion, this would mean they were only 15 and below
marriage license when they started cohabiting with each other

REPUBLIC VS Art 26. Cipriano Orbecido III married Lady Myros Villanueva Whether or not - In the case wherein the Filipino citizen is the
OBRECIDO Lex Loci Celebraciones Rule in Cipriano's wife left for the United States bringing along her son respondent can one who filed for a divorce in another country
Marriage Kristoffer remarry under Art 26 to his foreigner husband/wife, the foreigner
If both of the parties are Filipino and Cipriano learned from his son that his wife obtained a divorce decree of the Family Code spouse cannot anymore claim that he still an
one of them was naturalized in a and then married a certain Stanley interest to the properties of the Filipino citizen
foreign country and later on obtained a Cipriano thereafter filed with the trial court a petition for authority to here in the Philippines or subsequently file an
divorce decree, that divorce will be remarry invoking Paragraph 2 of Article 26 of the Family Code adultery case against the Filipino since the
valid foreigner spouse has lost his legal standing
The reckoning point is NOT the against the Filipino for the foreigner is already
citizenship at the time of the marriage considered divorced by his national law
but at the time the divorce decree was

BAYOT VS CA Art 26 The divorce was obtained by the wife, in Dominican Republic Whether or not the - At the time the divorce decree was obtained,
The ruling meant that the foreign law divorce is valid she was America. Under her laws, divorce is
must be proved NOT the foreign law recognized. The divorce decree obtained by
where the divorce decree was obtained the wife in the Dominican Republic is valid
by the wife in the Dominical Republic

GERBERT Art 26 Marriage between two Filipinos but subsequently the husband Can he have the - Since the 2nd paragraph is intended for the
CORPUZ VS The alien spouse cannot avail of became a Canadian citizen same remedy benefit of the Filipino spouse, he cannot
DAISYLYN TIROL remedy in par. 2, Article 26 is he/she He returned to the Philippines. But was surprised to see his wife invoke the same benefit
STO. TOMAS wants to gather married here in the having an illicit relationship - It does not mean that he has no remedy. It
Philippines He asked for a divorce in Canada and was granted can be recognised under Rule 39, Sec 48 of
He found another Filipina and wanted to be married the Rules of Court: the enforcement of foreign
He went to the LCR of Pasig to include the divorce decree to be judgment
annotated in the marriage certificate. But he was informed that he - Two options available:
was not allowed because for any foreign judgement, to be valid in a. Alien spouse may file a petition for
the Philippines, it has to be approved by the court in the Philippines recognition of the divorce decree
He filed for a petition for declaratory relief b. To file a petition for correction or
change of entries in the Local Civil
Registrar particularly change of
marriage entries under Rule 108 of the
Rules of Court
- The SC observed that this is very
burdensome to the spouses. Consistent with
the policy of speedy trial, the alien spouse
could file the recognition of the divorce
decree in the same petition
- It is still necessary to prove the authenticity
and existence of the divorce decree and the
national law of the alien spousee who
obtained the divorce decree and the national
law of the alien spouse who obtained the
divorce decree

MINORU FUJIKI VS Art 26 Petitioner Minoru Fujiki is a Japanese national who married Maria 1. Whether the Rule - The proper remedy is to file a petition for
MARIA PAZ If the foreign judgment sought to be Paz Galela Marinay in the Philippines on Declaration of correction
GALELA MARINAY recognize is not a diverce decree, it The marriage did not sit well with the petitioners parents; thus, he Absolute Nullity of - In foreign judgment: simply the existence and
should be distinguished could not bring his wife to Japan where he resides and they Void Marriages authenticity of the foreign judgment. The
eventually lost contact with each other and Annulment of foreign law is not required to be determined
Marinay met another Japanese, Shinichi Maekara. Without the first Voidable - In Fujiki, what was the object was the
marriage being resolved, they both married. However, Marinay Marriages is judgment that declared the marriage void
suffered from physical abuse applicable by reason of bigamy. This is not against
Fujiki and Marinay reestablished their relationship 2. Whether a public policy.
husband or wife of - In a divorce decree: The existence and
a prior marriage authenticity of the divorce decree AND the
can file a petition national law of the alien spouse
to recognize a
foreign judgment
nullifying the
marriage between
his or her spouse
and a foreign
citizen on the
ground of bigamy

DE CASTRO VS Art 26 Petitioner and respondent met and became sweethearts in 1991 Whether the trial court - SC ruled the nudity of a marriage on the
DE CASTRO The aim of this provision is to avoid the They planned to get married and registered in the Office of Civil had the jurisdiction to ground of absence of a valid marriage license
parties to humiliation, shame and Registrar of Pasig City setermine the validity upon evidence that there was in fact no
embarrassment concomitant with the The had engaged in sex thereafter of the marriage cohabitation for five years contrary to the
scandalous cohabitation of persons When the couple went back to the office, they discovered that their between petitioner statements in the falsity of the affidavit
outside a valid marriage due to the marriage license was expired and respondent in an executed by the parties
publication of every applicants name They executed an affidavit stating that they had been living together action for support and - The falsity of the affidavit cannot be
for a marriage license as husband and wife for 5 years whether the child is considered to be a mere irregularity
After the ceremony, petitioner and respondent went back to their the daughter of the considering that the five-year period is a
respective homes and did not live together as husband and wife petitioner substantial requirement of the law to be
Respondent gave birth to a child named Reinna Tricia A. de Castro exempted from obtaining a marriage license
Petitioner denied that he is married to respondent, claiming their
marriage is void ab initio since the mariagge was facilitated by a fake

CHI MING TSOI VS Art 36 As newlyweds they were supposed to enjoy making love or having Whether not engaging - Petition denied
CA A marriage contracted by any party sexual intercourse, with each other, the defendant just went to bed, in sexual intercourse - It involves a senseless, protracted, and
who, at the time of celebration, was slept on one side thereof, then turned his back and went the sleep. with partner is ground constant refusal to comply with the essential
psychologically incapacitated to There was no sexual intercourse between them during the first night. for psychological marital obligations by one or both of the
comply with the essential marital The same thing happened on the second, third, and fourth nights incapacity spouses although, he, she or they are
obligations of marriage, shall likewise To enjoy an intimate night together, they went to Baguio but the physically capable of performing such
be void even if such incapacity husband invited the girls family with them obligations
becomes manifest only after its There was no sexual intercourse between them - Evidently, one of the essential marital
solemnization Wife claims that the husband is a closet homosexual obligations under the Family Code is to
Husband claims that he does not want to separate because he loves procreate children through sexual cooperation
his wife, he has no defect on his part, and since they are still young, is the basic end of marriage. Constant non-
they can still reconcile fulfillment of this obligation will finally destroy
the integrity or wholeness of the marriage

LESTER Art 36. Husband alleged that he only married in civil rites thinking it was a Whether having a - It has been sufficiently established that
BENJAMIN HALILIL Courts, despite having the primary task joke. After the ceremony they never lived together as husband and personality disorder petitioner had a psychological condition that
VS CHONA and burden of decision making, must wife but maintained the relationship. After a few months of quarrels, consider the petitioner was grave and incurable and had a deep
SANTOS-HALILI consider as essential the expert the petitioner decided to stop dating respondent and see other girls psychologically rooted cause
opinion on the psychological and Dr. Dayan stated that petitioners dependent personality disorder incapacitated and be - This court, in the same Te case, recognized
mental disposition of both parties was evident in the fact that petitioner was very much attached to his a ground to nullify that individuals with diagnosable personality
parents and depended on them for decisions their marriage disorder usually have long-term concerns,
Dr. Dayan concluded that petitioner's personality disorder was grave Dependent personality and thus therapy may be long-term
and incurable and already existent at the time of the celebration of disorder
his marriage to respondent

LEONILO Art 36. Barely a year after their first meeting, they got married before a Whether or not fraud - RTC declared marriage void
ANTONIO VS Psychological incapacity must be minister be ground to declare a - CA reversed
MARIE IVONNE characterized by: Petitioner filed a petition to have his marriage to respondent marriage void - SC declared the marriage void
REYES a. gravity declared null and void - We stated earlier that Molina is not set in
b. juridical antecedence Petitioner claimed that respondent persistently lied about herself, the stone, and that the interpretation of Article 36
c. incurability people around her, her occupation, income, educational attainment relies heavily on case-to-case perception
Art 45(3). and other events or things - From the totality of the evidence we are
A marriage may be annulled if the Dr. Dante Herrera Abcede, a psychiatrist and Dr. Lopez, a clinical sufficiently convinced that the incurability of
consent of either party was obtained by psychologist stated that the petitioner was normal. On the other respondents psychological incapacity has
fraud hand they observed the respondents persistent and constant lying been established
Art 46. pathological
Enumerates the circumstances
constituting fraud under the previous
article, clarifies that no other
misinterpretation or deceit as to
character, health, rank, fortune or
charity shall constitute such fraud as
will give grounds for action for
annulment of marriage

VALERIO KALAW Art 36. Guidelines: Petitioner failed to prove his wife (respondent) suffers from Whether having a - Art 36 of the Family Code in classifying
VS MA. ELENA 1. Burden of proof psychological incapacity personality disorder marriages connected by psychological
FERNANDEZ 2. Root of psychological incapacity Petitioners expert heavily relied on allegations of respondents consider the petitioner incapacitated person as a nullity, should be
must be (a) medically or clinically constant mahjong sessions, visits to beauty parlor, going out with psychologically deemed as an implement of this constitutional
identified (b) alleged in complaint friends, adultery, and neglect of their children incapacitated and be protection of marriage
(c) sufficiently proven by experts Respondent admittedly played mahjong, but it was not proven that a ground to nullify - Void ab initio marriages under Art 36 do not
(d) clearly explained in the decision she engaged in mahjong so frequently that she neglected her duties their marriage further the initiatives of the state concerning
3. Proven to exist at the time of the as mother and wife Narcissistic the marriage and family, as they promote
celebration of marriage personality disorder wedlock among persons who, for reasons
4. Permanently incurable independent of their will, are not capacitated
5. Be grave enough to understand and comply with essential
6. Non-complied marital obligations obligations of marirage
7. Interpretation of National Appellate
Matrimonial Tribunal and Catholic
Church is respected

AZCUETE VS Art 36. Petitioner Marieta C. Azcueta and Rodolfo Azcueta married two Whether having a - With respect to the concept of psychological
REPUBLIC OF THE Courts, despite having the primary task months after their first meeting. They separated 4 years after with no personality disorder incapacity, courts must take into account not
PHILIPPINES AND and burden of decision making, must children. consider the petitioner only developments in science and medicine
CA consider as essential the expert Respondent failed to appear and file an answer despite service of psychologically but also changing social and cultural mores,
opinion on the psychological and summons upon him incapacitated and be including the blurring of traditional gender
mental disposition of both parties Petitioner claimed that her husband Rodolfo was psychologically a ground to nullify roles. In this day and age, women have taken
incapacitated to comply with the essential obligations of marriage their marriage on increasingly important roles in the financial
According to petitioner, Rodolfo was emotionally immature, Dependent personality and material support of their families. This
irresponsible and continually failed to adapt himself to married life disorder however does not change the ideal that the
and perform the essential obligations of marriage should be an autonomous social institution,
To inspire him, petitioner brought him new clothes and a pair of wherein the spouses cooperate and are
shoes and even gave him money equally responsible for the support and well-
Petitioner discovered that her husband didn't actually get a job and being of family
the money he gave her (which was supposedly his summary) came - In the case at bar, the spouses from the
from his mother outset failed to form themselves into a family,
Dr. Cecilia Villegas, a psychiatrist, testified after examining a cohesive unit based on mutual love, respect
respondent to have Dependent Personality Disorder and support, due to failure of one to perform
the essential duties of marriage

JUAN DE DIOS A.M. No 02-11-10 SC Spouses Felix B. Carlos and Felipa Elemia died intestate Whether or not the - The applicable law is the Civil Code which
CARLOS VS ONLY a spouse can initiate an action They left parcels of land to their compulsory heirs, Teofilo Carlos and Family Code will be was the law in effect of its celebration
FELICIDAD to sever the marital bond for marriages Juan De Dios Carlos applied (marriage)
SANDOVAL solemnized during the effectivity of the During the lifetime of Felix Carlos, he agreed to transfer his estate to - But the Civil code is silent as to who may
Family Code Teofilo. Teofilo in return, undertook to deliver and turn over the share bring an action to declare the marriage void
of other legal heir, Juan De Dios Carlos - The absence of a provision in the Civil Code
Under the Rule on Declaration of Teofilo died intestate. He was survived by respondents Felicidad and cannot be construed as a license for any
Absolute Nullity of Void Marriages their son, Teofilo Carlos II (Teofilo II). Upon Teofilo's death, Parcel person to institute a nullity of marriage cases.
and Annulment of Voidable Marriages, Nos. 5 & 6 were registered in the name of respondent Felicidad and Such person must appear to be the party who
the petition for declaration of absolute co-respondent, Teofilo II stands to be benefited or injured by the
nullity of marriage may not be filed by The parties executed a deed of extrajudicial partition, dividing the judgment in the suit, or the party entitled to
any party outside of the marriage remaining land of the first parcel between them the avails of the suit
Petitioner asserted that the marriage between his late brother, - Dismissed, lack of merit
Teofilo, and respondent Felicidad was a nullity view of the absence
of the required marriage license
He also prayed for the cancellation of the certificates of title issued in
the name of respondents. He argued that the properties covered by
such certificates of title, including the sums received by respondents
as proceeds should be reconveyed to him
Respondents contended that the dearth of details regarding the
requisite marriage license did not invalidate Felicidads marriage to
Teofilio. Respondents declared that Teofilio was the illegitimate child
of the deceased Teofilio with another woman

VALDES VS RTC Art 50 of the family code, applying (2), Petitioner avers that the court a quo has failed to apply the correct Whether or not - The Supreme Court Ruled that when a
(3), (4), and (5) of Articles 43, relates law should govern the disposition of a family drawing in a situation property will be marriage shall be governed by Art 147 or 148
only, by its explicit terms, to voidable where a marriage is declared void abinitio because of psychological governed by and so such regime shall be liquidated in
marriages and exceptionally to void incapacity on the part of either or both of the parties provisions of Art 147 accordance with the rules on co-ownership.
marriages under Art 40 of the Code, Consuela Gomez sought a clarification of that portion of the decision and 148 The only exception is when the marriage is
i.e., the deceleration of nullity of a directing compliance with Articles 50, 51, and 52 of the Family Code. declared void by reason of Art 40
subsequent marriage contracted by a She asserted that the Family Code contained no provisions on the
spouse of a prior void marriage before procedure for the liquidation of common property
the latter is judicially declared void
It is not illogical for the provisions of Art
43, in relation to Article 41 and 42, in
the Family Code, on the effects of the
termination of a subsequent marriage
contracted during the subsistence of a
previous marriage to be made
applicable pro hac vice
Property regime is void marriages shall
be governed by Art 147 and 148 when
it is void by reason of Art 40

MERCADO VS TAN Art 40 Petitioner, Dr Vincent Paul G. Merado, contracted his first marriage Petitioner questioned - Denied
The crime of bigamy under our laws is with Ma. Thelma G. Olivia. The petitioner contracted his second the presence of - The Supreme Court held that the criminal
committed by any person who shall marriage with herein respondent Ma. Consuela Tan previous legal offence of bigamy is committed for as long as
contract a second or subsequent Respondent filed a complaint for bigamy against the petitioner marriage as element a subsequent marriage was contracted by a
marriage before the former marriage The marriage was declared null and void of the crime of bigamy person without him and her obtaining a
has been legally dissolved, or before judicial deceleration of nullity of his or her first
the absent spouse has been declared marriage pursuant to Article 40 of the Family
presumptively dead by means of a - Hence, the ruling, in effect, states, that
judgment rendered in the proper criminal bigamy is determined not by the fact
proceeding (Article 349 of the Revised that the first marriage is really legally void but
Penal Code) by the fact that no judicial declaration of
nullity of the first marriage was obtained prior
to the subsequent marriage

TE VS CA Art 40 Petitioner, an Engineer, was charged with bigamy by Liliana, herein Whether or not - The pendency of a civil action for annulment
Pendency of marriage, not a private respondent, for contracting a second marriage with Julieta pendency of marriage of marriage is not a prejudicial question to a
Prejudicial Question to Criminal Santella while his marriage to her was still subsisting is a prejudicial bigamy case for the outcome of the
Prosecution Private respondent also filed an administrative case against question to criminal annulment case had no bearing upon the
The outcome of the civil case of petitioner with the Professional Regulation Commission (PRC) for Prosecution determination of petitioners innocence or
annulment of petitioners marriage to immorality and falsification by stating in his marriage contract with guilt in bigamy because all that is necessary
private respondent had no bearing Santella that he was still single is that the first marriage is subsisting at the
upon the determination of petitioner's Prior to the filing of the bigamy case, petitioner filed an action for the time the second marriage is contracted .
innocence or guilt in the case of annulment of his marriage with Liliana Furthermore, under the law, a marriage even
bigamy, because all that is required for Petitioner in criminal and administrative cases moved to suspend the one which is void or voidable is deemed valid
the charge of bigamy to prosper is that proceedings claiming that the prejudicial question to the resolution of until declared otherwise. There is no civil
the first marriage be subsisting at the cases question where one case is administrative
time the marriage is contracted and the other civil

CARINO VS Art 40. Involves a police man names Juanito. His first wife Susan Igdao and Who gets to own the - The Supreme Court ruled that the first
CARINO For purposes other than remarriage, the second wife Susan Yi. Without obtaining a judicial declaration of estate? marriage is void for lack of marriage license
no judicial action is necessary to nullity of marriage of his previous marriage, he contracted a second but it does not mean to say that the second
declare a marriage absolute nullity. marriage marriage is valid just because the first
Juanito died and the two wives scrambled over a piece of Juanitos marriage is void, because under Art 40,
Art 148. estate. Claiming that everything should go to her, the second wife without the judicial declaration of nullity of
Property regime of bigamous filed an action in court of a sum of money marriage, the subsequent shall also be void
marriages, adulterous relationships, In support of his position, the second wife assailed the validity of he for being bigamous. Susan Yee cannot claim
relationships in state of concubine, first marriage or the lack of marriage license which was duly to be the legal wife
relationship where both man and established - A marriage license was indispensable to the
woman are married to another person validity of their marriage
- The fact remains that their marriage was
The Supreme Court made a mistake solemnized without first obtaining a judicial
because the marriage between Juanito decree declaring the marriage of petitioner
and Susan Yee is exactly the marriage Susa Nicdao and the deceased void
contemplated under Article 40 because - Hence the marriage of respondent Susan Yee
the subsequent marriage was entered and the decease is likewise void
into without the benefit of the judicial
declaration of nullity of first marriage.
Hence the property regime should
have been liquidated according to the
rules of either Art 102 or 29 pursuant to
Art 43

MORIGO VS Art 40 Appellate Lucio Morigo and Lucia Barrete were boardmates at the Whether or not - The crime of bigamy, just like other felonies
PEOPLE Elements of Bigamy house of Catalina Tortor, Bohol, for 4 years. Both lost contact petitioner committed punished under the RPC, is mala in se, and
1. the offender is legally married; Lucio Morigo was surprised to receive a card from Lucia Barrete bigamy and if so, hence, good faith and lack of criminal intent
2. the first marriage has not been from Singapore. The former replied and after an exchange of letters, whether his defense are allowed as a complete defense
legally dissolved, or incase his or they became sweethearts of good faith is valid - Bigamy can be successfully prosecuted
her spouse is absent, the absent Lucia returned to the Philippines but left again for Canada to work provided all the elements concur, stressing
spouse has not been judicially there. While in Canada, they maintained constant communication. that under Article 40 of the Family Code, a
declared presumptively dead; She returned again again to file a petition for Lucio to join her in judicial declaration of nullity is a must before
3. he contracts a subsequent Canada; the two married a party may re-marry
marriage; and Lucia filed a petition for divorce against appellant - The first element of bigamy as a crime
4. the subsequent marriage would Appellant Lucio Morigo married Maria Jececha Lumbago and was requires that the accused must have been
have been valid had it not been for then filed a complaint for bigamy in an Information legally married. But in this case, legally
the existence of the first Accused filed a complaint for judicial declaration of nullity of speaking, the petitioner was never married to
marriage Lucia Barette
The court discounted petitioners claim that his first marriage to Lucia - We also find that we need not tarry on the
was null and void issue of the validity of his defense of good
faith or lack of criminal intent, which is now
moot and academic

TENEBRO VS CA Art 40 Petitioner in this case, Veronica Tenebro, contracted marriage with If the second marriage - An individual who who contracts a second or
The subsequent declaration of nullity of private complainant Leticia Ancajas; the two were wed in Lapu-lapu is void ab initio on subsequent marriage during the subsistence
marriage on the ground of and lived together continuously without interruption until Tenebro grounds other than of a valid marriage is criminally liable for
psychological incapacity does not informed Ancajas that he was previously married to a certain Hilda the existence of the bigamy, notwithstanding the subsequent
retroact to the date of the celebration Villareyes, he showed her a photocopy of a marriage contract first marriage, such as declaration that the second marriage is void
of the marriage insofar as the Petitioner contracted yet another marriage, this one with a certain psychological on the ground of psychological incapacity
Philippines penal laws are concerned. Nilda Villagas. incapacity, is there a
An individual who who contracts a When Ancajas learned of this third marriage, she verified from crime for bigamy?
second or subsequent marriage during Villareyes whether the later was indeed married to petitioner
the subsistence of a valid marriage is In a handwritten letter, Villareyes confirmed that Tenebro was indeed
criminally liable for bigamy, her husband
notwithstanding the subsequent Ancajas thereafter filed a complaint for bigamy against petitioner
declaration that the second marriage is He argued that his second marriage, with Anjacas, has been
void on the ground of psychological declared void ab initio due to psychological incapacity

JARILLO VS Art 40 The accused, Victoria Jarillo, being previously united in lawful Whether or not a - Jarillos conviction of the crime of bigamy
PEOPLE The crime of bigamy under our laws is marriage with Rafael M. Alocillo, and without the marriage having reversible error in must be affirmed. The subsequent judicial
committed by any person who shall been legally dissolved, contracted a second marriage with affirming the declaration of nullity of her marriage to
contract a second or subsequent Emmanuel Uy conviction of Jarillo for Alocillo cannot be considered a valid defense
marriage before the former marriage On the same year, Emmanuel Uy (2nd husband) and Rafael Alocillo the crime of bigamy in the crime of bigamy
has been legally dissolved, or before (1st husband) filed declaration of nullity of their marriage despite the - The moment petitioner contracted a second
the absent spouse has been declared For her defense, petitioner insisted that her marriage to Alocillo was supervening proof that marriage without the previous one having
presumptively dead by means of a null and void because Alocillo was allegedly still married to a certain her marriage to been judicially null and void, the crime of
judgment rendered in the proper Loretta Tillman at the time of the celebration of their marriage; both Alocillo had been bigamy was already consummated. Under the
proceeding (Article 349 of the Revised her marriages are null and void because lack of marriage license; declared void law, a marriage, even one which is void or
Penal Code) the action has prescribed since Uy knew about her marriage to voidable, shall be deemed valid until declared
Alocillo had not yet been declared void otherwise in a judicial proceeding
On the appeal to the CA, petitioner's conviction was affirmed. It held
that petitioner committed bigamy when she contracted marriage with
Emmanuel Uy because at that time, her marriage to Rafael Alocillo
had not yet been declared null and void by the court
RTC declared petitioner's marriage with Alocillo null and void ab
innate on the ground of Alocillos psychological incapacity. Set
decision has been final and executory
In her motion for consideration, petitioner invoked said declaration of
nullity as ground for the eversal of her conviction

LAVADIA VS HEIRS Art 144 Atty Luna, a practicing lawyer, was at first a name partner in the Who among the - The absolute divorce decree obtained by Atty.
OF JUAN LUCES The property of either or both of them prestigious law firm Sycip, Salazar, Luna, Manalo, Hernandez, & contending parties Luna in the Dominican Republic did not
LUNA through their work or industry or their Feliciano Law Offices at the same time he was living with his first should be entitled to terminate his prior marriage with Eugenia
wages and salaries shall be governed wife, inventor appellant, Eugenia Luna the 25/100 pro because foreign divorce between Filipino
by the rules on co-ownership Almost 2 decades of marriage, Atty. Luna and Eugenia eventually indivisoshare in the citizens is not recognized in our jurisdiction
agreed to live apart from each other and agreed to separation of condominium unit - Soledad, the 2nd wife, was not even a lawyer.
Art 148 property So it is logical that Soledad had no
Only the property acquired by both of Atty Luna obtained a divorce decree of his marriage with Eugenia participation in the law firm or in the purchase
the parties through their actual joint from Dominican Republic and on the same date, contracted another of books for the law firm. She failed to prove
contribution of money, property or marriage with Soledad that she had anything to contribute
industry shall be owned in common Luna organized a new law firm where Luna was managing partner - It should be justly concluded that the
and in proportion to their respective The parties stipulated that the interest of Atty Luna over the properties in litislegally pertained to their
contributions condominium unit would be 25/100 share conjugal partnership of gains as of the time of
After the death of Atty Juan, his share in the condo unit including the his death
lawbooks, office furniture, and equipment found therein were taken - Respondents are lawful heirs
by Atty Luna
The complainant prayed that Soledad be declared owner of 3/4
portion of the subject properties

DOREEN GRACE Art 26 Petitioner Doreen Grace Parilla (Doreen), a Filipino citizen, and Whether or not the - However, Article 26 of the Family Code -
PARILLA MEDINA Where a marriage between a Filipino respondent Michiyuki Koike (Michiyuki), a Japanese national RTC erred in denying which addresses foreign marriages or mixed
VS MICHIYUKI citizen and a foreigner is validly Doreen and Michiyuki, pursuant to the laws of Japan, filed for the petition for judicial marriages involving a Filipino and a foreigner
KOIKE celebrated and a divorce is thereafter divorce recognition of foreign - allows a Filipino spouse to contract a
validly obtained abroad by the alien Seeking to have the said Divorce Certificate annotated on her divorce subsequent marriage in case the divorce is
spouse capacitating him or her to Certificate of Marriage Doreen filed a petition for judicial recognition validly obtained abroad by an alien spouse
remarry, the Filipino spouse shall of foreign divorce and declaration of capacity to remarry pursuant to capacitating him or her to remarry
likewise have capacity to remarry the second paragraph of Article 26 of the Family Code
under Philippine law On the other hand, Doreen presented several foreign documents,
namely, "Certificate of Receiving/Certificate of Acceptance of
Divorce and "Family Register of Michiyuki Koike, etc

EDELINA ANDO VS Article 35(4) petitioner married Yuichiro Kobayashi, a Japanese National Whether or not the - While it has been ruled that a petition for the
DFA The fact that no judicial declaration of Yuichiro Kobayashi sought in Japan, and was validly granted under RTC erred in ruling authority to remarry filed before a trial court
nullity of her marriage with Ando was Japanese laws, a divorce in respect of his marriage with petitioner that she had no cause actually constitutes a petition for declaratory
rendered does not make the same Said Divorce Certificate was duly registered with the Office of the of action
relief, we are still unable to grant the prayer of
valid because such declaration under Civil Registry of Manila
petitioner. As held by the RTC, there appears to
Article 40 of the Family Code is Believing in good faith that said divorce capacitated her to remarry be insufficient proof or evidence presented on
applicable only in case of re-marriage. and that by such she reverted to her single status, petitioner married
record of both the national law of her first
More importantly, the absence of a Masatomi Y
husband, Kobayashi, and of the validity of the
judicial declaration of nullity of In the meantime, Yuichiro Kobayashi married Ryo Miken on 27 divorce decree under that national law
marriage is not even a requisite to December 2005
make a marriage valid petitioner applied for the renewal of her Philippine passport to
indicate her surname with her husband Masatomi Y. Ando but she
was told at the Department of Foreign Affairs that the same cannot
be issued to her until she can prove by competent court decision that
her marriage with her said husband Masatomi Y. Ando is valid until
otherwise declared

RENATO The validity of a marriage and all its Respondent Lea P. De Leon Castillo (Lea) married Benjamin whether the CA was - The validity of a marriage and all its incidents
CASTILLO VS LEA incidents must be determined in Bautista (Bautista) correct in holding thus must be determined in accordance with the
DE LEON accordance with the law in effect at the Renato filed before the RTC a Petition for Declaration of Nullity of and consequentially
law in effect at the time of its celebration. In
CASTILLO time of its celebration. reversing the RTC's
Marriage, praying that his marriage to Lea be declared void due to this case, the law in force at the time Lea
Under the Civil Code, a void marriage declaration of nullity of
her subsisting marriage to Bautista and her psychological incapacity contracted both marriages was the Civil
differs from a voidable marriage in the the second marriage
under Article 36 of the Family Code Code. The children of the parties were also
following ways: (1) a void marriage is
Respondent opposed the Petition, and contended among others that born while the Civil Code was in effect i.e. in
nonexistent - i.e., there was no
her marriage to Bautista was null and void as they had not secured 1979, 1981, and 1985. Hence, the Court must
marriage from the beginning - while in
any license therefor, and neither of them was a member of the resolve this case using the provisions under
a voidable marriage, the marriage is
denomination to which the solemnizing officer belonged the Civil Code on void marriages, in
valid until annulled by a competent
respondent filed an action to declare her first marriage to Baustista
court; (2) a void marriage cannot be particular, Articles 80, 81, 82, and 83 (first
ratified, while a voidable marriage can
In his Opposition, petitioner countered that whether or not the first paragraph); and those on voidable marriages
be ratified by cohabitation; (3) being
nonexistent, a void marriage can be marriage of respondent was valid, and regardless of the fact that she are Articles 83 (second paragraph), 85 and 86
collaterally attacked, while a voidable had belatedly managed to obtain a judicial declaration of nullity, she - The requirement of a judicial decree of nullity
marriage cannot be collaterally still could not deny that at the time she entered into marriage with does not apply to marriages that were
attacked; (4) in a void marriage, there him, her previous marriage was valid and subsisting celebrated before the effectivity of the Family
is no conjugal partnership and the Code, particularly if the children of the parties
offspring are natural children by legal were born while the Civil Code was in force
fiction, while in voidable marriage there
is conjugal partnership and the children
conceived before the decree of
annulment are considered legitimate;
and (5) "in a void marriage no judicial
decree to establish the invalidity is
necessary," while in a voidable
marriage there must be a judicial

LEONILA Art 34 Four months after the solemnization of the marriage of Leonila G. Whether or not Estela - Leonila G. Santiago is hereby found guilty
SANTIAGO VS No license shall be necessary for the Galang can be beyond reasonable doubt of the crime of
Santiago and Nicanor F. Santos faced information for bigamy
PEOPLE marriage of a man and a woman who charged bigamy bigamy as an accomplice
The prosecution adduced evidence that Santos, who had been - The Certificate of Marriage, signed by Santos
have lived together as husband and
married to Estela Galang since 2 June 1974,asked petitioner to
wife for at least five years and and Santiago, contained the
marry him
without any legal impediment to marry misrepresentation perpetrated by them that
Petitioner, who was a 43-year-old widow then, married Santos on 29
each other. The they were eligible to contract marriage without
July 1997 despite the advice of her brother-in-law and parents-in-law
contracting parties shall state the a license
that if she wanted to remarry, she should choose someone who was - No less than the present Constitution
foregoing facts in an affidavit before
without responsibility.
any person authorized by law to provides that marriage, as an inviolable
Petitioner asserted her affirmative defense that she could not be
administer oaths. The solemnizing social institution, is the foundation of the
included as an accused in the crime of bigamy, because she had
officer shall also state under oath that family and shall be protected by the State. It
been under the belief that Santos was still single when they got
he ascertained the qualifications of the must be safeguarded from the whims and
contracting parties are found no legal caprices of the contracting parties. In keeping
She also averred that for there to be a conviction for bigamy, his
impediment to the marriage therefore with this fundamental policy, this
second marriage to her should be proven valid by the prosecution;
Court affirms the conviction of petitioner for
In this case, she argued that their marriage was void due to the lack
of a marriage license