CASE DIGEST: OFELIA P. TY v. THE COURT OF APPEALS, and EDGARDO M. REYES. G.R. No. 127406; November 27, 2000.

This ruling may be compared with Montañes v. CA. Go to the following link for the case brief:

http://lawphils.blogspot.com/2017/05/montanes-vs-cipriano-gr-no-181089.html.

FACTS:

In 1977, Reyes married Anna Maria Villanueva in a civil ceremony. They had a church wedding in the same year as well. In 1980,
the Juvenile and Domestic Relations Court of QC declared their marriage as null and void; the civil one for lack of marriage license
and the subsequent church wedding due to the lack of consent of the parties. In 1979, prior to the JDRC of QC decision, Reyes
married Ofelia. Then in 1991, Reyes filed for an action for declaration of nullity of his marriage with Ofelia. He averred that they
lack a marriage license at the time of the celebration and that there was no judicial declaration yet as to the nullity of his previous
marriage with Anna. Ofelia presented evidence proving the existence of a valid marriage license including the specific license
number designated. The lower court however ruled that Ofelia’s marriage with Reyes is null and void. The same was affirmed by
the CA applying the provisions of the Article 40 of the Family Code.

ISSUE:

Can the absolute nullity of the previous of marriage of Reyes be invoked in the case at bar?

HELD:

Article 40 of the Family Code provides, “The absolute nullity of a previous marriage may be invoked for purposes of remarriage on
the basis solely of a final judgment declaring such previous marriage void.”

This means that before one can enter into a second marriage he must first acquire a judicial declaration of the nullity of the previous
marriage and such declaration may be invoked on the basis solely of a final judgment declaring the previous marriage as void. For
purposes other than remarriage, other evidences may be presented and the declaration can be passed upon by the courts. In the
case at bar, the lower court and the CA cannot apply the provision of the Family Code. Both marriages entered by Reyes were
solemnized prior to the Family Code. The old Civil Code did not have any provision that states that there must be such a declaration
before remarriage can be done hence Ofelia’s marriage with Reyes is valid. The provisions of the Family Code (which took effect in
1987) cannot be applied retroactively especially because they would impair the vested rights of Ofelia under the Civil Code which
was operational during her marriage with Reyes. GRANTED.