Republic of the Philippines

SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 141528 October 31, 2006
OSCAR P. MALLION, petitioner,
vs.
EDITHA ALCANTARA, respondent.
Facts:

Oscar Mal l i on fi l ed a peti ti on wi th the Regi onal Tri al Court seeking a decl arati on of
nul l i ty of hi s marri age wi th Edi tha Al cantara due to psychol ogi cal incapaci ty. The RTC
deni ed the peti ti on for fai l ure to adduce preponderance of evi dence. As the decision
attained finality, Mallion filed another petition for a declaration of nul li ty of marri age, thi s ti me
al l egi ng that hi s marri age was nul l and voi d due to the fact that it was celebrated without a
valid marriage license. It was later dismissed by the petition filed by the respondent on the ground of
res judicata and forum shoppi ng. Hence, thi s appeal .

Issue:
Does a previ ous fi nal j udgment denyi ng a peti ti on for decl arati on of nul l i ty
ontheground of psychol ogi cal i ncapaci ty bar a subsequent peti ti on for decl arati on
of nul l i ty on the ground of l ack of marri age l icense?

Held:
Peti ti on i s deni ed. Res judicata applies. Declaration of nullity of marriage on the ground of lack
of marri age l i cense i s barred by earl i er deci si on on psychol ogi cal capaci ty. Mallion is
simply invoking different grounds for the same cause of action, which i s the nul l i ty of marri age.
When the second case was fi l ed based on another ground, there is a splitting of a cause of
action, which is prohibited. He is stopped from asserti ng that the marri age had no marri age
l i cense because he impl i edl y admi tted the same when he di d not questi on the absence
of a marri age l i cense i n the fi rst case.