TENORIO, Racquel Victoria D.

1-D

Persons & Family Relations Judge Bonifacio

VAN DORN vs ROMILLO Jr. FACTS This is a petition for certiorari and prohibition to review the orders of the RTC. Petitioner is a citizen of the Philippines while private respondent is a citizen of the USA. They were married in Hongkong and established residence in the Philippines and produced two children. They divorced in Nevada and it is also where petitioner remarried Theodore Van Dorn. Private respondent filed a case against petitioner with regard to a business in Ermita, which respondent claims as Conjugal property and he asks to be declared with right to manage. Petitioner claims that said act is barred by his confirmation in their Nevada divorce that they had no community property. The court denied dismissal because said property is in the Philippines and so the divorce has no bearing in the case. Hence, the certiorari proceeding. ISSUE Whether the Nevada divorce is to be given merit in the Philippines DECISION The private respondent contends that the divorce cannot be held valid in the Philippines because it is against our laws. However, the Philippines recognizes divorce by an alien in another country. The divorce that took place between private respondent and petitioner received no contention from private respondent. In fact he sent his lawyers on his behalf, stating that they wish to get a divorce by reason of incompatibility and that there is no community property to be adjudicated. With this, the court cannot rule in favor of private respondent because being a citizen of the United States it was his own laws that made the divorce valid. DOCTRINE Article 15 of the Civil Code talks about laws on family rights binding upon citizens of the Philippines even though living abroad. However, private respondent is a citizen of the USA and pursuant to his national law, he is no longer the husband of petitioner, and it being a valid divorce, is recognized here in the Philippines.

PILAPIL vs IBAY-SOMERA FACTS This is a special civil action for certiorari and prohibition to review the decision of the Regional Trial Court. Imelda Pilapil was married to Erich Geiling in Germany and their relationship gave birth to one child. Geiling eventually filed for divorce in Germany stating as causes failure of the marriage. Said divorce was granted by the Local Court of Germany. After said divorce, Geiling filed two consecutive complaints of adultery against Pilapil for having relationships with Chia

and Chua. She asked the court to have her arraignment deferred but to no avail, as well as the motion to quash due to lack of jurisdiction. A temporary restraining order was eventually issued to prevent him from implementing said order. ISSUE Whether or not a criminal case for adultery which took place after a divorce is barred by the previously acquired decree of divorce RULING The court ruled in the affirmative and did not lift the temporary restraining order issued against the prosecution of Pilapil. This was decided based on two concepts. First is that the Civil Code of the Philippines recognizes divorce acquired by an alien spouse in another country provided that they are valid based on their national law. The second concept is that adultery requires an offended spouse. In the first instance, Geiling¶s divorce decree which he acquired in Germany is recognized by the Philippines pursuant to the Code. This means that when Pilapil had relationships, she was already considered divorced and can validly enter relationships. She was no longer tied to the marriage. In the second concept, a case for adultery is instituted by a written complaint of an offended spouse. This means that the marital status is relevant. It must occur at the time of the subsistence of the marriage. This is where the present facts fail. The two were already validly divorced. Hence, no adultery can take place 5 months after.

SAN LUIS vs SAN LUIS FACTS This is a petition for review on certiorari of the decision of the Court of Appeals. Felicisimo San Luis was married to Vriginia Sulit. This relationship bore six children. Virginia Sulit died in 1963. With this Felicisimo was able to marry Merry Lee Crown which marriage bore a son. Five years into the marriage, Merry filed for divorce in Hawaii which was granted by the court. Felicisimo eventually married herein repsondent Felicidad San Luis with whom he had no children. When Felicisimo died in 1992, Felicidad filed for the dissolution of their conjugal assets and estate settlement stating the legal heirs of Felicisimo was her as the legal wife, the six children from the first marriage and the son from the second marriage. The son of Merry contested this saying that she was not the legal wife hence not a legal heir because Felicisimo was still married to Merry. He justified this by saying that the divorce decree acquired in Hawaii is not recognized in the Philippines of whom Felicisimo was a citizen. The court sided with the son and declared Felicidad¶s marriage to Felicisimo as null and void ab intio. The Court of Appeal however, reversed this decision.

ISSUE

Whether or not the divorce decree granted to Merry Lee Crown is recognized in the Philippines RULING The court affirmed the decision of the Court of Appeals. marrying Micklus a year after. ISSUE Whether or not a divorce decree acquired by a Filipino from the United States is valid and recognized in the Philippines RULING The court decided in the negative and reversed the Appellate Court¶s decision. The Court of Appeals in deciding this case sided with Fely. Crasus Iyoy was married to Fely Iyoy in 1961 and this marriage gave birth to five children. Fely is not yet considered an alien at the time the divorce was acquired and therefore she does not have the capacity to remarry and the marriage is still considered as subsisting. This means that paragraph two of Article 26 cannot be applied in such a way that. is not permitted by our laws to acquire a divorce decree since such is not recognized in the Philippines. Basing from the facts. with regard to family laws and status are governed by Philippine laws regardless of where they are. Crasus eventually questioned the validity of Fely¶s subsequent marriage. REPUBLIC vs IYOY FACTS This is a petition for review on certiorari the decision of the Court of Appeals. being a Filipino Citizen then. . Fely only became a citizen in 1988 and acquired the divorce in 1984. Crasus eventually found out that Fely married Stephen Micklus in 1985 and their relationship has conceived of a child. Article 15 of the Civil Code provides that the Philippines recognizes divorce decrees acquired by the alien spouse in another country provided that it is valid according to their national law. Fely Iyoy eventually left for the States to provide for their family in 1984 and in less than a year sent Crasus documents to sign with regard to a divorce that she applied for. The Civil Code also provides that Filipino Citizen. In the present case. This provision permits the Filipino form a mixed marriage to enter into another marriage because the law does not wish to keep the person attached while the alien spouse is free to marry and is considered single. Fely. Merry Lee Crown¶s divorce decree is considered valid.

The lower court decided that the death extinguished the marriage of Pepito to Norma. . however. Petition was denied. NINAL vs BAYADOG FACTS This is a petition for review on certiorari on the decision of the Court of Appeals. Said son was with Lady when she left for the States in 1986. She is considered an alien who obtained a divorce decree. This was because they claimed to have been living together for five years meaning they did not need to acquire a marriage license. Norma responded by saying that they have no cause of action because they were not parties recognized by the Civil code pursuant to Article 47. he failed to do so. Pepito Ninal was married to Teodulfa Bellones in 1974. Teodulfa was killed after being shot by Pepito and less than 2 years after. Unfortunately. Pepito eventually died and the children from the marriage to Teodulfa filed for the declaration of nullity of marriage of their father to Norma. ISSUE Whether or not the Civil Code permits Cipriano to remarry after a divorce was acquired by Lady RULING The court ruled in the affirmative. This relationship gave birth two a son and daughter. This then capacitates Cipriano to remarry. The court in answering in the affirmative on the issue based their decision on paragraph 2 of Section 26 of the Family Code which provides for the recognition of a divorce decree validly acquired by the alien spouse in another country. However. Peptio and Norma Bayadog was married without a marriage license. Cipriano Orbecido III married Lady Myros Villanueva in Ozamis City in the year 1941. Said marriage gave birth to 5 children. What is relevant here is that Lady was no longer a citizen of the Philippines when she acquired the divorce bringing her within the purview of Section 26. Cipriano knew eventually that his wife has become a naturalized citizen of the States and learned that she has married another man after acquiring a divorce decree. for his petition to be granted. The Solicitor General as representative for the State contends that he cannot be granted permission to remarry because Lady was not a foreign citizen specifically when he married her and the law only recognizes divorce acquired by the alien spouse. Cipriano asked the declaration of the court permitting him to remarry. it denied Cipriano permission to remarry. he has to prove to the court that a divorce decree has been validly acquired by his wife.REPUBLIC vs ORBECIDO III FACTS This is a petition for review on certiorari of the decision of the Regional Trial Court. This is to permit the Filipino spouse to remarry as a matter of fairness because the foreign spouse ceased to be attached to the Filipino. hence. the court cannot permit him to remarry.

He claims to have received harassing phone calls and visits from three men. One of the marriages permitted to be solemnized without a valid marriage license is that when the parties have cohabited as husband and wife for 5 years and have lived together as such only without a marriage contract. He visited her and knew of her pregnancy and the child dying because of premature birth. Orland eventually filed for annulment of their marriage by reason of force and duress employed on him in order to marry Lilia who was then pregnant. In this case a third-party existed because Pepito was still married. The court said that it took Orland four years to claim that he was coerced into the marriage which then justifies the possibility that he is asking for the annulment of said marriage by reason of a bigamy case he is facing. Basing from the facts. Lilia however contests that he freely entered into the marriage and that they lived together for one month and he wrote her letters while he was in Manila. ISSUE Whether or not the marriage may be annulled RULING The court ruled in the negative. his claim that they did not cohabit is not a ground for the annulment of marriage especially since he failed to prove that this was due to fraud. Orland Villanueva was married to Lilia Canalita-Villanueva in 1988. . Also. Also. VILLANUEVA vs COURT OF APPEALS FACTS This is a petition for review assailing the decision of the Court of Appeals. The time from which Norma and Pepito started counting was from the time they started to live together without noting that a marriage between Pepito and Teodulfa was still subsisting. Said cohabitation must be unbroken and disturbed by a third-party. Pepito being a husband of somebody else. his being a security guard must have given him proper knowledge when it comes to defending himself making the claims of force due to facts stated above untenable. lack of consent and the other grounds for annulment. This cannot be considered as cohabitation as husband and wife because they cannot be considered one then.ISSUE Whether or not the marriage between the two should be considered null and void by reason of lack of marriage license RULING The court ruled in the affirmative. intimidation. The case was dismissed and Orland was ordered to pay Lilia damages. the parties have merely cohabited as husband and wife for less than 2 years. He also claims that the never cohabited and that he couldn¶t have impregnated her before marriage and that the child died upon delivery.

DEDEL vs COURT OF APPEALS FACTS This is a petition for review on certiorari of the decision of the Court of Appeals. Tosho left for Japan a month after and did not return as promised. she went back to Dedel and Dedel took her in and her children with Ibrahim. petitioner asserts that Sharon demonstrated immaturity and irresponsibility. ISSUE Whether or not Tosho can be considered psychologically incapacitated to warrant the nullification of their marriage RULING The court ruled in the negative and petition was granted. For psychological incapacity to prosper. juridical antecedence and incurability. however summons remained unserved. he did not come to see them. Dedel . When Ibrahim left the country. Abandonment cannot be considered psychological in nature. This prompted respondent to file for the nullification of their marriage. they were married in Cavite. Quintero-Hamano¶s evidence failed. However. On January of 1988. Her attempts at communication failed and later on found out that even as Tosho visited the Philippines. During the course of their marriage. Based on the case of Molina. the failure of performance of the marital obligation must be due to the psychological incapacity or illness of a person not mere failure or dismissal of a marital obligation. After presentation of evidence. Psychological incapacity is characterized by gravity. Sharon eventually followed Ibrahim to Jordan with her two children. The evidence failed to show that it was a psychological illness. However. Deldel was married to Sharon Corpuz and said marriage produced four children. He claims that Sharon entered into extra marital affairs and was even confined in a hospital for treatment by a clinical psychiatrist. Herein petitioner through the Solicitor General questions the correctness of said decision as it failed to meet the standards meant by Article 36 of the Family Code.REPUBLIC OF THE PHILIPPINES vs QUINTERO-HAMANO FACTS This is a petition for review on certiorari of a decision of the Court of Appeals. In these guidelines. With this abandonment of Sharon. psychological incapacity¶s root cause must be a) medically and clinically defined b) alleged in the complaint c) sufficiently proven by experts d) clearly explained in the decision. Said extra-marital affairs continued specifically that with Ibrahim which bore two children. There relationship started when they lived together in Japan in 1986 and said relationship eventually gave birth to a child. the trial court declared their marriage null and void by reason of psychological incapacity. Quintero-Hamano was married to a Japanese National named Tosho Hamano. He only gave two months of financial support and eventually stopped.

The CA affirmed the trial courts decision. Chua presented evidence stating the facts given above but failed to show how much is needed for child support. LAM vs CHUA FACTS This is a petition for review on certiorari of the decision and resolution of the Court of Appeals Lam and Chua were married in the eyar 1984 and said marriage conceived a son. He says that the affairs that Sharon had. Chua had no choice but to agree to dissolution of their conjugal partnership of gains and separation of properties. The spouses have been living separately and Chua seeks the nullification of her marriage with Lam. Lam does not support his family and he rarely comes home. cannot be considered as psychological incapacity because they are mere products of immaturity and other factors.000 each for the support of their child. . He was also said to be a womanizer and mismanages their conjugal properties. What is necessary in psychological incapacity is to show that there is a psychological illness or disorder which is grave in nature that would cause the spouse¶s failure to perform the marital obligations and not just a show of rejection or irresponsibility toward said obligations. A person¶s sexual infidelity and her marriage to another which caused her abandonment of her family with Dedel. To justify the claims. were due to an Anti-social Personality disorder. as much as these are unfortunate in nature. Daya.000 monthly support is justified. Chua says that he is irresponsible and keeps on asking for money for luxury items. The case was reopened at her instance and she presented evidence showing that Lam has been married twice before their marriage which renders it bigamous. The lower court garnted this by reason of psychological incapacity as attested to by Dr.seeks the nullification of their marriage. The Trial Court declared their marriage void and ordered Lam to pay child support of 20. This was granted by the regional trial court.000 a month. This decision of the trial court was reversed and set aside by the Court of Appeals. ISSUE Whether or not it was sufficiently proven that Sharon was psychologically incapacitated enough to warrant an annulment of their marriage RULING The court ruled in the negative and affirmed the decision of the Court of Appeals. With this set-up. ISSUE Whether or not the marriage should be declared null and void for psychological incapacity or for being bigamous in nature and whether or not the 20. Chua claims that Lam was psychologically incapacitated to comply with his marital obligations. This was contested by Lam stating that a common fund was agreed upon wherein they would both contribute 250.

RULING The court ruled in the affirmative on the first issue and declared it null and void by reason of bigamy. This admission prevents him from taking a different stand in the present case where he claims otherwise. Once again. in the first petition. In fact. in 1999. He then is estopped from questioning the nullification of marriage. In the present case the same relief is sought which is the nullification of marriage now for a different ground. the court denied the petition for nullification. RULING The court ruled in the negative. Said claim was not even contested by Lam through his petitions which only questioned the monthly support. Alcantara contested the petition by invoking res judicata and forum shopping. he filed a petition for nullification of their marriage now by reason of lack of marriage license at the time the marriage was solemnized. It was sufficiently proven that Lam was previously married and incapacitated to marry again. MALLION vs ALCANTARA FACTS This is a petition for review on certiorari of the decision of the Court of Appeals. Mallion filed a petition seeking thhe nullification of their marriage by reason of psychological incapacity. The court does not favor those who present their claims in pieces on different actions. Res judicata is a bar due to prior judgment. ISSUE Whether or not the issue of marriage invalidity due to lack of marriage license may be raised when the nullification of marriage was also seeked by reason of psychological incapacity. The concept of res judicata prohibits this. Also. CARATING-SIAYNGCO vs SIAYNGCO FACTS This is a petition for review on certiorari of the decision of the Court of Appeals. The petition was denied as well as the motion for reconsideration subsequently filed. With regard to the second issue. Mallion was married to Alcantara and in 1995. Chua failed to show the amount of support actually needed and so the court upheld the cpncept of a fund agreed upon. Due to his failure to sufficiently prove the incapacity. Said issue has already been settled. the court decided that the monthly support was not justified because it was decided beyond the scope of the questions raised. Mallion claimed that their marriage was solemnized and celebrated in accordance with law. .

Manuel. The lower court denied his petition. RULING The court ruled in the negative. The testimonies of the doctor failed to show that this infidelity is caused by a psychological illness or disorder. However. A marriage counselor testified that when she saw petitioner he was harassed. The respondent was said to be incapacitated because she did not support her husband and was not understanding of his profession as a doctor. The first part of their marriage was lived in harmony. the adopted a boy. rather it showed that they were merely having the marital trouble of becoming strangers to each other and wanting to get out of it.Juanita Carating Siayngco was married to Manuel Siayngco. distraught and unhappy and that she found the marriage to be dysfunctional and destructive. The CA on the other hand reversed the decision relying on the doctor¶s findings that bith parties are psychologically incapacitated. Manuel failed to show that her actions constitute psychological incapacity that would render her unable to perform her marital obligations and that a doctor has in fact stated otherwise. Manuel¶s relationship with another was caused merely by his sexual infidelity which does not fall within the purview of psychological incapacity. NAVARRO Jr. was impossible. This act is caused by his desire to have children which he himself admitted. another doctor testified that professionals per se are incapacitated to perform the essential obligations of marriage because of their time and goals. the petitioner claims that even before their marriage respondent would complain when she didn¶t get what she wanted from him and she quarreled with him a lot during their marriage for not having time for her and was always jealous. The marriage thus cannot be declared null and void. Reconciliation. Respondent on the other hand claims that she had no marital problems until petitioner had an affair with another doctor and she caught him in a motel where they had an altercation. she said. With regard to Juanita. after being married for 24 years filed a petition to the court seeking the nullification of their marriage by reason of psychological incapacity exhibited through over domineering attitude and causing him embarrassment and humiliation. Petitioner and respondent were childhood sweethearts who eventually got married and their marriage gave birth to four children. The evidence adduced failed to show sufficiently that the couple or either of the spouse were psychologically incapacitated. Velasco. vs CECILIO-NAVARRO FACTS This is a petition for review on certiorari of the decision of the Court of Appeals. ISSUE Whether or not one or both of the parties were proven psychologically incapacitated sufficient to warrant the nullification of their marriage. She said she only refused to have sex with his . Their marriage did not produce children however. It is necessary that it his by reason of a psychological disorder that he will be completely unable to perform his marital obligations. Petitioner eventually stopped coming home.

as his husband claims. threats and intimidation and because it was bigamous in character. Rolando Landicho was married to Elvira Makatangay when he contracted a second marriage with Fe Lourdes Pasia. It must be confined to the most serious cases that would truly remove the significance of marriage. due to her discovery of the affair. ISSUE Whether or not the parties are psychologically incapacitated and such should warrant the nullification of their marriage. the quarrels and bickering as well as the constant arguments cannot be considered as psychological incapacity. In this case. Upon appeal. observing mutual love. He was charged with the offense of bigamy for the fact stated above. He then moved to suspend the proceedings of the criminal case claiming that it raises a prejudicial question due to the pending annulment case filed by him against Makatangay. The trial court held that both were psychologically incapacitated and that the marriage is now null and void. A previous decision of the court gave guidelines for deciding similar cases.husband. It must be a mental incapacity that truly renders a person incapable of performing basic marital obligations such as ³living together. Landicho then filed a third party complaint against Makatangay seeking the declaration of their marriage as null and void due to force. hence there is doubt. the Court of Appeals decided that the marriage still subsists. refusal or neglect in performing then marital obligations is not sufficient. threat and intimidation beings what compelled him to marry Makatnagay. One of the guidelines says that the burden of proof rests with the plaintiff and any doubts should be decided in favor of the subsistence of marriage. The lower court denied the motion. juridical antecedence. respect and fidelity as well as render mutual help and support´. LANDICHO vs RELOVA FACTS This is an original petition in the Supreme Court. Difficulty. Certiorari and prohibition with preliminary injunction. it must be some psychological illness. RULING The Court affirmed the decision of the CA. ISSUE Whether or not a criminal case for bigamy should be suspended while a civil action for the annulment of marriage is pending because the latter raises a prejudicial question . Psychological Incapacity must be characterized by gravity. The testimony of the marriage counselor was based only on the claims of petitioner and has no probative value and the statement of the other witness is highly debatable. She also said that she did love her husband. Pasia eventually filed an action before the Court of First Instance seeking to declare her marriage null and void ab initio because there was force. and incurability for it to nullify a marriage.

Maluping then moved for the suspension of the trial for the criminal case because the case on the nullity of his second marriage was still pending and it raises a prejudicial question. 1978. Otherwise. Also. Maluping eventually filed a criminal case against Donato for bigamy. and the cognizance of which pertains to another tribunal´. DONATO vs LUNA FACTS This is a petition for certiorari and prohibition with preliminary injunction to review the resolution of the Court of First Instance. Upon finding out that Donato had a subsisting marriage. It is necessary that the decision in the case would determine the outcome of the other. It agreed with the decision of the lower court due to some points. the judge of the Court of First Instance of Manila denied the motion. ISSUE Whether or not a criminal case for bigamy should be suspended while a civil action for the annulment of marriage is pending because the latter raises a prejudicial question RULING The court decided in the negative. The court relied on Landicho vs Relova wherein it was stated that a prejudicial question does not necessarily arise from a bigamy case when there is a pending annulment proceeding. it was the second wife who filed for the annulment of their marriage by reason of deceit and not petitioner. He claims that he wants his second marriage annulled because there was no valid marriage license presented and there was use of threat and force and that the decision in said case is material to the criminal case. He also contracted a marriage with Paz B. In the present case. It is necessary that for a prejudicial question to arise. Abayan filed for annulment of their marriage by reason of deceit because she did not know he was married. the party contracting a subsequent marriage is at risk of being charged of bigamy.RULING The court ruled in the negative. Abayan on September 26. One is that annulment cases do not always raise a prejudicial question that would render it a hindrance to a criminal proceeding. A subsequent marriage cannot be contracted before a judicial declaration of the nullity of the previous marriage is shown. an annulment of marriage is not for the parties to decide but should be left to the determination of the competent courts. This means that Landicho can still be tried for bigamy because the subsequent marriage was contracted despite the fact that there was no declaration that the previous marriage is already null and void. A prejudicial question arises in a case the ³resolution of which question is a logical antecedent of the issue involved in said case. It was only a year after his second marriage when he claimed to have been forced to marry for the second time and has been living with private respondent for 5 years as if . 1978. Luna. it was the one accused of bigamy who also filed for annulment of the subsequent marriage because of reasons such as force or threat meaning he had no choice but to contract another marriage. Leonilo Donato contracted a marriage with Rosalinda Maluping on June 30.

theirs is void from the . this petition.they were husband and wife which made the marriage license dispensable. Delia filed an action before the court seeking the declaration of the nullity of their marriage by reason of a previous marriage as well as Separation of Property. she found out that Roberto was already married when they contracted their marriage to one Ermelina dela Paz who sued them for bigamy. Lilia asked the court for an opportunity to present evidence that the first marriage was vitiated by force and that her first husband was already married to someone else. The presentation of evidence with regard to the marriage of the first husband to another is also unnecessary because a marriage needs a judicial declaration of its nullity before it can be considered as a void marriage. WIEGEL vs SAMPIO-DIY FACTS This is a petition to review the orders of the Juvenile and Domestic Relations Court. Delia also claims that she works in Saudi Arabia and visits only for a month in a year and that she has purchases properties with her earnings and entrusted the administration of these to Roberto. In 1983 however. Maxion. Roberto moved to dismiss this petition claiming that since there is a subsisting marriage. Delia Domingo married petitioner Roberto Domingo in 1976. ISSUES Whether or not the previous marriage was void or voidable Whether or not there is ground for nullity of marriage RULING The court found the marriage merely voidable and that there remains to be a ground for nullity of marriage. Respondent judge ruled against the presentation of evidence because the presence of force in the first marriage has already been agreed upon. The petition for annulment was not his initiative hence. Petitioner is said to be purely dependent on Delia and is not employed. This means that the marriage is valid until annulled. DOMINGO vs COURT OF APPEALS FACTS This is a petition for review of the decision of the Court of Appeals. Hence. it only falls under the Article 80 of the Civil Code wherein force is classified. In the pre-trial the issue agreed upon was the status of the previous marriage assuming there was force. Karl Heinz Wiegel filed an action before the court for the declaration of the nullity of his marriage with Lilia Olivia Wiegel because there was a subsisting marriage between her and Eduardo A. With this it can be said that there was a marriage subsisting when Lilia married Karl making their marriage void. The marriage is just voidable because assuming there is force. he cannot claim that a prejudicial question arises. Lilia admitted said marriage but claims it is null and void because she and Eduardo were forced into the marriage.

The . In her answer. In this case. This provision is for purposes of acquiring another marriage and also for the protection of the party who may be at risk of being charged of bigamy. the cohabitation with another began before a judgment that the previous marriage is void. BELTRAN vs PEOPLE FACTS This is an instant petition filed for review to the Supreme Court. Pursuant to New Civil Code which provides that a judicial declaration of the nullity of marriage is necessary before the acquisition of a subsequent marriage. giving the respondent the right to file a criminal case. The court denied the motion to dismiss. This means that when the court decides upon the nullity of their marriage or declares it to be so. Eventually. For a prejudicial question to arise. the court decided that proceedings for a judicial declaration must not be dismissed. the court also has jurisdiction over the terms of property separation in accordance with law. This petition was denied by the lower court. it is necessary that the criminal case is dependent upon the same set of facts as the civil case and that the decision in the civil case would determine the guilt or innocence in the criminal case. In the present case Article 40 of the Family code governs which states that the absolute nullity of a marriage requires a final judgment from the courts. Charmaine avers that Meynardo was living with another woman and has abandoned them. ISSUE Whether or not the court erred in ruling that a judicial declaration is still necessary hence motion to dismiss should be denied RULING The court ruled in the negative and affirmed the decision of the Court of Appeals. Charmaine eventually filed a criminal case for concubinage. Meynardo Beltran was married to Charmaine Felix with whom he stayed married to for 24 years and produced four children. Meynardo filed a petiton for the nullification of their marriage by reason of psychological incapacity. The court also ruled that the separation of property is to be ruled by provisions provided in the new civil code as related to marriages eventually rendered void by reason of a subsisting marriage. Petitioner filed a petition to defer the criminal proceeding because he claims that it raises a prejudicial question seeing as there is a possibility that the civil case and criminal case would give rise to conflicting decisions. hence the present petition.beginning and needs no judicial declaration and that he had no property of the private respondent in his possession. ISSUE Whether or not the pending case for the nullification of marriage raises a prejudicial question to the criminal case RULING The court ruled in the negative.

ISSUE Whether petitioner can still be proceeded against for bigamy after a subsequent declaration of the nullity of marriage of the first one consummated RULING The Court ruled in the affirmative. This is because it is not for the couples to decide and declare the nullity of their marriage but a task given to the courts. Dr. it is necessary that a judicial declaration of nullity be obtained. hence this petition. filed a petition for the nullification of his marriage with Oliva which was granted by the court. bigamy could no longer be charged against him. MERCADO vs TAN FACTS This is a petition for review on the decision of the Court of Appeals. Mercado on the other hand. However Tan discovered that Mercado was already married to one Maria Thelma Oliva in 1976 with whom he also had children. It is necessary that before contracting a marriage one is already capacitated to remarry by virtue of a declaration of marriage and not after. Nolasco . Nolasco being a seaman. he was able to be employed as seaman again and left the country while Janet stayed with his parents in Antique. The bigamy case proceeded and Mercado admits that the two marriages were consummated but contests that since the first marriage has already been declared null and void. Tan eventually filed a complaint for bigamy against Mercado. He claimed that he has looked for her in England and even wrote letters to the bar where he met her but the same was returned to him. The subsequent acquisition of a judicial declaration of the nullity of marriage cannot be a hindrance to a bigamy case. Vincent Mercado was married to Ma. The lower court as well as the Court of Appeals found him guilty. This is most helpful before contracting a subsequent marriage. Besides.result of the civil case is immaterial since a subsequent judgment of nullification of marriage cannot be a defense to concubinage. Consuelo Tan in 1991 and produced a child. The Family Code now provides that for the absolute nullity of marriage to be considered. Parker then lived with him in the ship for 6 months and married her after his seman¶s contract expired. Such circumstance is present in this case. Said provision is a safeguard so as to lessen the risk of being charged of bigamy. After said marriage. He also asked friends for information but to no avail. REPUBLIC OF THE PHILIPPINES vs NOLASCO FACTS Gregorio Nolasco met Janet Monica Parker in a bar in England during a port call. The parents eventually wrote to him saying that Janet has left Antique and that she has already given birth. said nullification was seeked only after a complaint for bigamy was filed against him.

Teodorico died intestate leaving properties amounting to about six hundred thousand pesos. The court thus cannot declare Janet presumptively dead by reason of lack of well founded belief. Antonia Armas. ARMAS vs CALISTERIO FACTS Teodorico Calisterio was married to Marietta. In the present case. reversed the decision basing on Marietta¶s claim that it is the Civil Code in force at the time of the marriage to Teodorico that should be upheld and not the present Family Code. her being the sole surviving heir of Teodorico because his marriage to Marietta was bigamous in nature. Basing from the above fact.eventually filed for a petition of declaration of presumptive death of Janet. the surviving sister of Teodorico. One of the requirements for the declaration of presumptive death is that it is based on a well founded belief. James diappeared in 1947 and Marietta married Teodorico 11 years after the disappearance. The others are the year of absence and the wish to remarry. It can be seen that his search was not a diligent one. He did not. He merely depended on chance when he looked for her in a big city abroad and asked acquaintances. The lower court ruled in favor of Armas and garnted their petition. The CA affirmed the lower court¶s decision. Nolasco claims that he searched for Janet in England. In 1992. Marietta contested this saying that his marriage with Teodorico is valid having contracted it only 11 years after the disappearance of the first husband. The Republic of the Philippines appealed this case saying that the presumptive death Nolasco claims is not based on a well-founded belief and thus cannot be granted by the Court. as he should have. The CA upon appeal however. ISSUE Whether or not Nolasco was able to comply with the requisites of Article 41 of the Family Code specifically the need for a well-founded belief that the spouse is dead. He is the seond husband of Armas since she was previously married to James Bounds in 1946. filed a petition to have her son declared as adminsitartor of the estate of Teodorico. ISSUE Whether or not the marriage between Teodorico and Marietta is valid . acquired the help and assistance of authorities both local and that of the British Embassy so as to perform a better search. which would warrant the declaration of presumptive death RULING The Court ruled in the negative and reversed and set aside the decision of the lower and appellate courts. the trial court granted the petition. asked friends and wrote to a bar.

despite Tina¶s resistance. Tina claims that everytime she asks him about these matters he slaps her. She was then 21. In the issue of bigamy. Manuel met Tina Gandalera. MANUEL vs PEOPLE FACTS This is a petition for review on certiorari of the decision of the Court of Appeals finding petitioner guilty of bigamy. RULING The court affirmed the decision of the appellate court. Eduardo got all his things and left. On July 28. Eduardo Manuel was married to Rubylus Gana in Makati. It was the time when the issue arose that should be considered and not the present time. ISSUE Whether or not Eduardo should be held liable for bigamy and that moral damages should be awarded to Ganadalera. the marriage must be declared valid. A judicial declaration was not yet deemed necessary at that time so long as the party involved is able to show that they have complied with the necessary requisites. 1975. Eduardo contends however. and Eduardo was 39. It was way beyond the seven years prescribed by law. that Tina knew of his previous marriage and that he believed in good faith that his marriage was already dissolved because of his wife¶s absence for 20 years. a student. Said wife was eventually convicted for estafa and Manuel has had no communication with her for 20 years. Eventually. During said year it was the Civil Code which was in force and the provision governing their marriage states that a subsequent marriage may validly be contacted so long as the spouse has been absent for seven consecutive years and it is with good faith that the spouse left remarries. He offered her marriage and even brought his parents to Baguio to meet Tina¶s parents and assured them that their son was single. He then visited him and they even went to a motel where.RULING The court ruled in the affirmative. This is also what appears in the marriage contract. what was important was the judicial declaration of presumption of death of his first wife. Upon investigating. This is because of provisions in the Civil Code as well as the Revised Penal Code which . After being able to build a home together. The lower court as well as the appellate court ruled in favor of Tina Gandalera. Tina discovered in the NSO that Eduardo was already married and so she filed a case for bigamy. Sometime in 1996. The marriage between Teodorico and Marietta took place in 1958. Eduardo was able to have his way with her. Since James Bounds has been absent for 11 years before the marriage between Teodorico and Marietta took place. In his case. They were married in April of 1996. the court justified their decision by the fact that ignorance of the law does not excuse Eduardo from complying with the necessary requirements before a person can contract a second marriage. eventually Eduardo rarely came home and did not send money for support. in Dagupan.

20 and 21 of the Civil Code. They said that nullification of marriage is not a defense for bigamy. Article 19 provides for the principle of Abuse of Rights which has three requisites in order to be invoked. The court ruled that although bigamy was not included in the list of cases provided for by Article 219. Lucia eventually left for Canada again leaving Lucio. Lucia then petitioned for a divorce decree in Ontario which was later on granted by the Court of Ontario. moral damages may nevertheless be granted in light of Articles 19. the person who willfully violates this is to responsible and in Article 21. They are 1) that there is a legal right or duty 2) exercised in bad faith and 3) the sole intent of prejudicing or injuring another. the marriage was declared void ab initio. Ontario having no jurisdiction over the marriage of the couple. the respondent claimed that said damages cannot be granted because bigamy is not included in the specific cases where moral damages is to be granted according to Article 2219 of the Civil Code. From these provisions. The lower court and court of Appeals found that said nullification is not a valid defense for bigamy. Also. This means that the marriage was null from the very beginning and no marriage took place by reason of the absence of an authorized solemnizing officer which is an essential requisite. The court finds the elements present in said case because he assured Gandalera that he was single and even indicated this in the marriage contract. a grant of moral damages is justified because Gandalera was willfully made to believe that she was marrying a single man and she dutifully served him as a wife only to be deceived by him. After discovery of this fact. MORIGO vs PEOPLE FACTS Lucio Morigo decided to marry Lucia Barrette when she came home from Canada after being sweethearts for some time. They were married in 1990 at the Iglecia Filipina Nacional. according to Article 20. ISSUE Whether or not a declaration of marriage as void ab intio is a valid defense for bigamy RULING The court ruled in the affirmative. Also. said person must compensate the person damages or injured by his act. In the present case. if the standards setforth in the previous provision is not met. that the divorce acquired by Lucia is not recognized in the Philippines. he married Maria Lumbago and later on paryed for the declaratgion of the nullity of his marriage with Lucia because no marriage ceremony actually took place. This was also found necessary in order to prevent problems in the future with respect to the second marriage. Upon appeal. Lucio then seeked the dismissal of his case for bigamy by reason of the declaration of his marriage with Lucia as null and void meaning no marriage took place. The lower court in turn filed a case for bigamy against him. It is .requires said judicial declaration to avoid being charged of bigamy. When it comes to the moral damages. the CA declared the marriage between Lucio aqnd Lucia as null and void ab initio.

a marriage consummated in 1986. he married another woman named Villegas. The court decided in favor of the defendant despite the fact that she did not appear. With this. defendant gave birth to a child. It is for this reason that petitioner is seeking the annulment of their marriage. Ancajas corresponded with Villareyes asking her if their marriage did take place and Villareyes answered in the affirmative. The petitioner contested this by invoking psychological incapacity in the second marriage. The court found it untenable that petitioner did not notice that defendant was pregnant at the time of marriage because she was about 6 months pregnant then. BUCCAT vs BUCCAT FACTS Petitioner met defendant in 1938 and married her the same year. TENEBRO vs COURT OF APPEALS FACTS Tenebro was married to Ancajas before a judge in a trial court in Lapu-lapu city. However. This means that a marriage is still considered to have taken place. no bigamy took place. Eventually Tenebro showed Ancajas a marriage certificate involving him and a Villareyes. Upon appeal. . said decision was affirmed. After discovering this. ISSUE Whether or not Tenebro¶s marriage to Villareyes was valid and whether he may invoke psychological incapacity in the judicial declaration of nullity of marriage on liability for bigamy RULING With regard to the first issue. the court ruled in the affirmative and ruled in the negative on the latter. With this. These were sufficient documentary evidence that can prove that a marriage was solemnized since that is what is stated in the document and signed by the parties. Villareyes was able to present a valid marriage certificate and her handwritten statement. He said she claimed to be a virgin entering into the marriage. Thus. Tenebro left their home and said that he will cohabit with Villareyes. the court ruled that a subsequent marriage was considered contracted while another marriage subsists thus constituting bigamy. For the first issue. When a court declares a marriage null and void by reason of psychological incapacity it does not declare the marriage non-existent from the very beginning. The lower court found him guilty of bigamy and said decision was later on affirmed by the Court of Appeals.considered that Lucio was never married to Lucia and therefore when he contracted the marriage with another woman he was not considered married. This marriage took place in 1990. in 1993. Eighty nine days into the marriage. Tenebro claimed that he only had children with Villareyes but there was no existing valid marriage between them because there was no ceremony that took place and also there is no record of their marriage in the civil registrar. Ancajas filed a case for bigamy.

It has been shown that pregnancy is usually obvious on the 6th month when the roundness actually appears. being a first year law student. the law includes fraud as grounds for nullification of a marriage. to not have noticed the severe stage and advanced stage that the person he was marrying was in at that time. His claim of developed abdomens being normal is not something the court can accept because it was not just a normal developed abdomen but one in an advanced and severe stage of pregnancy. Aquino now claims that her pregnancy was concealed from him because it was of another man while Delizo claims that it was their child out of wedlock. ISSUE Whether or not concealment of pregnancy constitutes fraud that could annul the marriage RULING The court ruled in the affirmative. . These evidences were his brother¶s statement that he himself fathered the child and hid this fact from petitioner and showed pictures of Delizo saying she was naturally plump. Aquino tried to reopen the case but it was denied and the CA eventually affirmed the lower court¶s decision saying that it was impossible for him not to have noticed that the girl was pregnant. This is due to the fact that it was impossible for a person whose intelligence cannot be questioned. A motion for reconsideration was filed or chance to present further evidence to the lower court which he id.ISSUE Whether or not the marriage can be declared annulled based on the evidence adduced RULING The court affirmed the decision of the lower court. Conchita Delizo married Fernando Aquino in 1954 while she was pregnant. Petitioner was able to show that the girl was naturally plump or fat which does not make it obvious that she is pregnant. Aquino filed a petition for nullification of marriage by reason of fraud. He presented the marriage contractv while Delizo did not present any. In the Family Code. The case was then remanded for a new trial. This constitutes fraud and can justify an annulment. The court ruled in favor of Delizo and did not invalidate the marriage because the concealment of the pregnancy does not constitute the fraud that would invalidate a marriage. In the present case. the pregnancy was concealed from petitioner at the time of the marriage and said child was of another man. The petition was denied. AQUINO vs DELIZO FACTS This is a petition for review of the decision of the Court of Appeals. The court cannot accept that there is fraud.

Maria then filed a ³Motion for Dissolution of Conjugal Partnership of Gains and Adjudication to Plaintiff of the Conjugal Properties´ which was eventually contested by Emilio and he later on filed for relief from the decision of the court. Said judge immediately served summons to Margie which she did not receive because her whereabouts were unknown and she only found out about it through a newspaper. ISSUE Whether or not Emilio may claim for relief from the judgment of the CA RULING The court ruled in the negative. This was raffled to Judge Ochotorena. His counsel asked the court to have the hearing moved because the counsel was out of the country. The judge proceeded with the hearing without the resolution of the motions. ISSUE Whether or not respondent acted with bias and partiality as well as ignorance of the law . He cannot blame the court for this because said decision was well within due process of law. It is necessary when attempting to have a final judgment set aside to be justified by fraud. he cannot claim relief from judgment. Margie then filed a Motion to dismiss which the judge disregarded and proceeded with the petition of Mariano. The marriage was annulled and eventually Maria filed for administration of conjugal properties which Emilio opposed. accident or mistake. CORPUS vs OCHOTORENA FACTS Mariano Macias filed a petition for the nullification of his marriage with Margie Macias. In this case it was the negligence of petitioner which caused his failure to present evidence. The court declared the marriage null and void. He claims that it was for medical reasons that he was not able to make it to the hearing but failure to notify counsel is not the fault of the court. Maria then filed a petition for annulment by reason of this. Tuason responded with denial stating that their relationship was lived in harmony until some differences manifested themselves. This was denied and the CA affirmed this decision.TUASON vs COURT OF APPEALS FACTS Maria Tuason and Emilio Tuason were a married in 1972 and this relationship produced children. He was given the chance to be in court but he negligently threw away this chance. On the day of the hearing Emilio failed to show up and so he was declared to have waived his right to present evidence. Maria now claims that Emilio manifested psychological incapacity through violence causing her physical injuries and drug use which causes him a suspended penalty. This means.

Said order by the court did not take place thus. It is only after this that a case may be tried on its merits. The judge performed a so called ³procedural shortcut´ and ignored the motion of the petitioner. The judge also did not follow the Rules of Court which requires an investigation to be made first by the prosecuting attorney with regard to collusion and if none. . the judge¶s actions were erroneous. Then judge acted on the petition for nullification and proceeded with it without acting on the motion to dismiss which was filed within the period prescribed by law.RULING The court ruled in the affirmative. to intervene and check for fabrications in the evidence.

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