G.R. No.

141528 October 31, 2006

OSCAR P. MALLION, petitioner,

vs.
EDITHA ALCANTARA, respondent.

Facts:

● In 1995, petitioner Oscar Mallion filed a petition for declaration of nullity of marriage before the
San Pablo City RTC (Civil Case 4341-95) alleging that Respondent Editha Alcantara, his wife,
was psychologically incapacitated to comply with the essential marital obligations.
● That case was dismissed “upon the finding that petitioner “failed to adduce preponderant
evidence to warrant the grant of the relief he is seeking.”
● In 1999, Oscar filed another petition for declaration of nullity of marriage on the basis that the
marriage was celebrated without a valid marriage license.
● Respondent filed an answer with motion to dismiss on the ground of res judicata and forum
shopping.
● The trial court grated her petition.

Issue:

Is the action of the husband tenable?

Ruling:

No. Section 47(b) of Rule 39 of the Rules of Court pertains as “bar by prior judgment” or “estoppels by
verdict,” which is the effect of a judgment as a bar to the prosecution of the second action upon the same
claim, demand or cause of action. In Section 47(c) of the same rule, it pertains to res judicata in its
concept as “conclusiveness of judgment” or the rule of auter action pendant which ordains that issues
actually and directly resolved in a former suit cannot again be raised in any future case between the same
parties involving a different cause of action. Therefore, having expressly and impliedly concealed the
validity of their marriage celebration, petitioner is now deemed to have waived any defects therein. The
Court finds then that the present action for declaration of nullity of marriage on the ground of lack of
marriage license is barred.

The petition is denied for lack of merit.