ASTILLO, VIRGIL MARI L.

G.R. No. 133778

Niñal vs. Badayog

FACTS OF THE CASE:

Pepito Niñal was married to Teodulfa Bellones on September 26, 1974. Pepito
shot Teodulfa resulting in her death on April 24, 1985. A year and 8 months passed by,
On December 11, 1986, Pepito and the respondent Norma Badayog got married without
the presence of a marriage license. Pepito and Norma then executed an affidavit dated
December 11, 1986, stating that they have already lived together as husband and wife
for 5 years and thus rendering them as exempted to provide a marriage license. After
their father’s death, the petitioners filed a petition for a declaration to nullify the marriage
of Pepito and the respondent Norma. Allegedly that said marriage was void for the lack
of a marriage license. The case was filed under the assumption validity or invalidity of
the second marriage would affect the petitioner’s successional rights. The respondent
then filed a motion to dismiss on the grounds that petitioners have no cause of action
since they are not among the persons who could file an action for “annulment of
marriage” that is stipulated under the Article 47 of the Family Code.

ISSUE OF THE CASE:

Whether or not the marriage of Pepito and Norma’s marriage have legal
impediments.
RULING:
Yes, the marriage of Pepito and Norma have legal impediments.
RATION DECIDENDI:
Pepito and Norma’s marriage is not part of the exemptions for providing a
marriage license because from the time Pepito’s first marriage took place and was
dissolved to the time of his marriage to the respondent, only 20 months have elapsed.
Pepito and the respondent’s 5-year period cohabitation was not the one contemplated
by the law. The 5-year period should start before the day of the marriage and it should
be a period of cohabitation and no third party was involved at anytime within the 5
years. Pepito had an existing marriage with the first wife at the time when he started
cohabiting with the respondent. Article 76 of the Civil Code states that; the marriage of a
man and woman who have lived together and exclusively with each other as husband
and wife for a continuous and unbroken period of at least five years before the
marriage. The marriage between Pepito and the respondent is void due to legal
impediments.