Escolar Documentos
Profissional Documentos
Cultura Documentos
104818
FACTS:
Roberto Domingo married Delia Soledad in 1976
while being married with Emerlina dela Paz.
He has been unemployed and completely dependent
upon Delia, who has been working in Saudi Arabia,
for support and subsistence.
Delia only found out about the prior marriage when
Emerlina sued them for bigamy in 1983.
In 1989, she found out that Roberto was cohabiting
with another woman and he was disposing of some
of her properties without her knowledge and consent.
In May 1991, Delia filed a petition for judicial
declaration of nullity of her marriage to Roberto and
separation of property.
2.
3.
4.
5.
6.
7.
ISSUE:
Whether or not a petition for judicial declaration of a
void marriage is necessary. If in affirmative, whether
the same should be filed only for purpose of
remarriage.
RULING:
Yes. A declaration of the absolute nullity of marriage
is now explicitly required either as a cause of action
or a ground for defense. Where the absolute nullity of
a previous marriage is sought to be invoked for
purpose of contracting a second marriage, the sole
basis acceptable in law for the said projected
marriage be free from legal infirmity is a final
judgment declaring the previous marriage void.
The requirement for a declaration of absolute nullity
of a marriage is also for the protection of the spouse
who, believing that his or her marriage is illegal and
void, marries again. With the judicial declaration of
the nullity of his or her first marriage, the person who
marries again cannot be charged with bigamy.
Article 40 as finally formulated included the
significant clause denotes that final judgment
declaring the previous marriage void need not be
obtained only for purposes of remarriage. A person
can conceive of other instances other than
remarriage, such as in case of an action for
liquidation, partition, distribution and separation of
property between the spouses, as well as an action
for the custody and support of their common children
and the delivery of the latters' presumptive
legitimes. In such cases, however, one is required by
law to show proof that the previous one was an
absolute nullity.
Issues:
WON Art 147 is the correct law governing the
disposition of property in the case at bar
WON Art 147 applies to marriages declared null and
void pursuant to Art. 36
Ruling:
Ratio:
1.
2.
Notes:
FACTS:
Alleged Errors:
o
ISSUE:
Held: NO
RULING:
Yes.
2.
3.
Decision:
(1) Yes. The marriage between the two is
evidenced by: the 2 applications for a
marriage
Facts:
parents.
misappropriated them.
wedlock.
No. The court declared that Carlo Magno Neri has not
been acknowledged as a natural
Page 70