ROGELIO MARISCAL

vs.
COURT OF APPEALS

FACTS:

Private respondent Bella Catalan filed a complaint against a petitioner Rogelio

Mariscal before the Regional Trial Court of Iloilo for the annulment of their
marriage contracted on the ground that it was void ab initio for having been
solemnized without a valid marriage license and being bigamous. She also
sought to recover from Mariscal a sum of money she allegedly sent to him
while she was working as a nurse over the course of their marriage. She also
filed another criminal case on a separate RTC for bigamy and perjury.
Mariscal moved to dismiss the action for damages contending a splitting of
action along with annulment and equivalent damages.

ISSUE:

Whether or not the separate criminal case files constitute on splitting a cause
of action and litis pendentia.

HELD:

To interpose a cause of action in a counterclaim and again invoke it in a

complaint against the same person or party would be splitting a cause of action
not sanctioned by the Rules. The filing of the criminal complaint and civil
action for damages does not constitute litis pendentia. In litis pendentia, what
is essential is the identity and similarity of the issues under construction.
Interpose a cause of action is a counter claim and again to invoke it in a
complaint with the same person is tantamount with the splitting of a cause of
action.