Atienza v. Brillantes, Jr.

Facts:

Sometime in Dec. 1991, Complainant Lupo Atienza found Respondent Judge Francisco Brillantes, Jr. sleeping in his room, and upon query with
their houseboy, the latter told him that respondent was cohabiting with Yolanda de Castro, to whom complainant has two children and to whom
he is living with. Complainant claims that respondent is married to one Zenaida Ongkiko with whom he has 5 children. Respondent denied having
been married to Ongkiko although he admits having 5 children with her. He alleged that his two marriages in 1965 were celebrated without
marriage license. He further claimed that when he married de Castro in L.A. in 1991, he believed in good faith that he was single because his
first marriage was solemnized without marriage license. He argued that Art. 40 of the FC does not apply to him because his first marriage was
contracted in 1965 and it is governed by the CC, not by FC while the second marriage took place in 1991 and governed by the FC.

Issue:

W/N Art. 40 is applicable to remarriages entered into after the effectivity of the FC on Aug. 3, 1988 regardless of the date of the first marriage.

Ruling:

Art. 40 is applicable to remarriages entered into after the effectivity of the FC on Aug. 3, 1988 regardless of the date of the first marriage. Besides,
Art. 256 of the FC provides that the Code is given retroactive effect insofar as it does not prejudice or impair vested rights.

In the case at bar, respondent has not shown any vested rights that were impaired by the application of Art. 40. Art. 40 is a rule of procedure.
The retroactive application of procedural laws are not violative of any right of a person who may feel that he is adversely affected because as a
general rule, no vested right may attach to nor rise from procedural laws.

In the present case, respondent is the last person allowed to invoke good faith because his failure to secure marriage license in his first and
second marriage with Ongkiko. His failure to secure the same betrays his sinister motives and bad faith.