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Pepito Ninal was married to Teodulfa on September 26, 1974. On April 24, 1985
he shot and killed her. After 20 months he remarried Norma Badayog, the respondent
herewith. After Pepito died, his heirs by his first marriage filed a petition for declaration
of nullity on the marriage of their father with Norma Badayog on the ground of lack of
marriage license. Norma Badayog contends that the ground have no legal basis for her
necessary for person who have cohabited for atleast five years. The respondent also
contends that petitioners are not among those allowed by the law to file a suit for
The trial court ruled in favor of the respondent on the ground that indeed the
Family Code is silent as to situation. The Petition should have been filed before the death
of Pepito and not after his death. Thus, the petitioner appealed to the Supreme Court.
Issue:
(1) Whether or not the respondent is right to contend that no need of marriage
license was necessary for Pepito and her have cohabited for at least five years.
Held:
Pepito and Norma could not have possibly be legally cohabited for atleast five
years since Pepito was still married to Teodulfa counting backwards from the time he and
and continuity. There should be no legal impediment on either party to marry. Pepito’s
of a marriage license. Thus, his second marriage should have a marriage license to be
valid. In this case, the marriage of Pepito and Norma lacking the formal requisite of a