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MALLION vs.

ALCANTARA
G.R. No. 141528. October 31, 2006.

Facts:

On October 24, 1995, petitioner Oscar Mallion filed with the regional trial court seeking a declaration of nullity of
his marriage to respondent Editha Alcantara on the ground of psychological incapacity.

The trial court denied the petition. Likewise, it was dismissed in the Court of Appeals.

After such decision, petitioner filed another petition for declaration of nullity ofmarriage with the regional trial
court alleging that his marriage with respondent wasnull and void due to the fact that it was celebrated without a
valid marriage license.

Respondent filed an answer with motion to dismiss on the ground of res judicata and forum shopping.
The trial court grated her petition.

Issue:

Is the action of the husband tenable?

Ruling:

No. Section 47(b) of Rule 39 of the Rules of Court pertains as “bar by priorjudgment” or “estoppels by verdict,”
which is the effect of a judgment as a bar to the prosecution of the second action upon the same claim, demand or
cause of action. In Section 47(c) of the same rule, it pertains to res judicata in its concept as “conclusiveness
of judgment” or the rule of auter action pendant which ordains that issues actually and directly resolved in a former
suit cannot again be raised in any future case between the same parties involving a different cause of action.
Therefore, having expressly and impliedly concealed the validity of their marriagecelebration, petitioner is now
deemed to have waived any defects therein. The Court finds then that the present action for declaration of nullity
of marriage on the ground of lack of marriage license is barred. The petition is denied for lack of merit.

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