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2-Ty vs CA (2000)

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  SECOND DIVISION [G.R. No. 127406. November 27, 2000]OFELIA P. TY,  petitioner, vs. THE CORT OF APPEAL!, #$E%GAR%O &. REYE!, respondents. % E C I ! I O N 'I!&(ING, J  .) This appeal seeks the reversal of the decision dated July 24 ! # of the Court of  $ppeals in C%$% & '%(% CV )*+ * ,hich affir-ed the decision of the (e.ional TrialCourt of /asi. 0ranch !#1 declarin. the -arria.e contract et,een private respondentEd.ardo 3% (eyes and petitioner Ofelia /% Ty null and void    ab initio % It also orderedprivate respondent to pay /!111%11 as -onthly support for their children 5aye Eloise(eyes and (achel $nne (eyes% $s sho,n in the records of the case private respondent -arried $nna 3aria (e.inaVillanueva in a civil cere-ony on 3arch 2  ! ** in 3anila% Then they had a church,eddin. on $u.ust 2* ! **% 6o,ever on $u.ust 4 ! +1 the Juvenile and Do-estic(elations Court of 7ue8on City declared their -arria.e null and void    ab initio  for lack of a valid -arria.e license% The church ,eddin. on $u.ust 2* ! ** ,as also declarednull and void ab initio  for lack of consent of the parties%Even efore the decree ,as issued nullifyin. his -arria.e to $nna 3aria privaterespondent ,ed Ofelia /% Ty herein petitioner on $pril 4 ! *  in cere-onies officiatedy the 9ud.e of the City Court of /asay% On $pril 4 ! +2 they also had a church,eddin. in 3akati 3etro 3anila%On January ) ! ! private respondent filed a Civil Case !+):J ,ith the (TC of /asi. 0ranch !#1 prayin. that his -arria.e to petitioner e declared null and void  % 6ealle.ed that they had no -arria.e license ,hen they .ot -arried% 6e also averred thatat the ti-e he -arried petitioner he ,as still -arried to $nna 3aria% 6e stated that atthe ti-e he -arried petitioner the decree of nullity of his -arria.e to $nna 3aria had noteen issued% The decree of nullity of his -arria.e to $nna 3aria ,as rendered only on $u.ust 4 ! +1 ,hile his civil -arria.e to petitioner took place on $pril 4 ! * %/etitioner in defendin. her -arria.e to private respondent pointed out that hisclai- that their -arria.e ,as contracted ,ithout a valid license is untrue% Shesu-itted their 3arria.e ;icense No% *) 1 issued at (osario Cavite on $pril )! *  as E<h% !! !2 and !2:$% 6e did not =uestion this docu-ent ,hen it ,assu-itted in evidence% /etitioner also su-itted the decision of the Juvenile andDo-estic (elations Court of 7ue8on City dated $u.ust 4 ! +1 ,hich declared null  and void   his civil -arria.e to $nna 3aria (e.ina Villanueva celerated on 3arch 2 ! ** and his church -arria.e to said $nna 3aria on $u.ust 2* ! **% Thesedocu-ents ,ere su-itted as evidence durin. trial and accordin. to petitioner aretherefore dee-ed sufficient proof of the facts therein% The fact that the civil -arria.e of private respondent and petitioner took place on $pril 4 ! *  efore the 9ud.-entdeclarin. his prior -arria.e as null and void   is undisputed% It also appears indisputalethat private respondent and petitioner had a church ,eddin. cere-ony on $pril 4 ! +2% >!? The /asi. (TC sustained private respondent@s civil suit and declared his -arria.eto herein petitioner null and void ab initio in its decision dated Nove-er 4 ! !% 0othparties appealed to respondent Court of $ppeals% On July 24 ! # the appellate courtaffir-ed the trial court@s decision% It ruled that a 9udicial declaration of nullity of the first-arria.e Ato $nna 3ariaB -ust first e secured efore a suse=uent -arria.e could evalidly contracted% Said the appellate court e can accept ,ithout difficulty the doctrine cited y defendant@s counsel that no 9udicial decree is necessary to estalish the invalidity of void -arria.es%@ It does not say ho,ever that a second -arria.e -ay proceed even ,ithout a 9udicial decree% hile it is true that if a -arria.e is null and void ab initio  there is in fact no susistin. -arria.e ,e are un,illin. to rule that the -atter of ,hether a -arria.e is valid or not is for each -arried spouse to deter-ine for hi-self & for this ,ould e the conse=uence of allo,in. a spouse to proceed to a second -arria.e even efore a co-petent court issues a 9udicial decree of nullity of his first -arria.e% The results ,ould e dis=uietin. to say the least and could not have een the intend-ent of even the no,:repealed provisions of the Civil Code on -arria.e% < < < 6E(E5O(E upon the fore.oin. ratiocination e -odify the appealed Decision in this ,ise !% The -arria.e contracted y plaintiff:appellant >herein private respondent? Eduardo3% (eyes and defendant:appellant >herein petitioner? Ofelia /% Ty is declared nulland void ab initio F2% /laintiff:appellant Eduardo 3% (eyes is ordered to .ive -onthly support in thea-ount of /!111%11 to his children 5aye Eloise (eyes and (achel $nne (eyesfro- Nove-er 4 ! !F and)% Cost a.ainst plaintiff:appellant Eduardo 3% (eyes% SO O(DE(ED% >2? /etitioner@s -otion for reconsideration ,as denied% 6ence this instant petitionassertin. that the Court of $ppeals erred  I. 0OT6 IN T6E DECISION $ND T6E (ESO;GTION IN (E7GI(IN' 5O( T6E V$;IDITH O5 /ETITIONE(@S 3$((I$'E TO (ES/ONDENT $ JGDICI$; DEC(EE NOT (E7GI(ED 0H ;$% II IN T6E (ESO;GTION IN $//;HIN' T6E (G;IN' IN DOMINGO VS. COURT OF APPEALS % III IN 0OT6 T6E DECISION $ND (ESO;GTION IN NOT CONSIDE(IN' T6E CIVI; E55ECTS O5 T6E (E;I'IOGS ($TI5IC$TION 6IC6 GSED T6E S$3E 3$((I$'E ;ICENSE% I* IN T6E DECISION NOT '($NTIN' 3O($; $ND EE3/;$(H D$3$'ES TO T6E DE5END$NT:$//E;;$NT% The principal issue in this case is ,hether the decree of nullity of the first -arria.eis re=uired efore a suse=uent -arria.e can e entered into validly To resolve this=uestion ,e shall .o over applicale la,s and pertinent cases to shed li.ht on theassi.ned errors particularly the first and the second ,hich ,e shall discuss 9ointly%In sustainin. the trial court the Court of $ppeals declared the -arria.e of petitioner to private respondent null and void for lack of a prior 9udicial decree of nullity of the-arria.e et,een private respondent and Villanueva% The appellate court re9ectedpetitioner@s clai- that People v. Mendoza >)?   and  People v. Aa!on >4?   are applicale in thiscase% 5or these cases held that ,here a -arria.e is void   fro- its perfor-ance no 9udicial decree is necessary to estalish its invalidity% 0ut the appellate court said thesecases decided efore the enact-ent of the 5a-ily Code AE%O% No% 21 as a-ended yE%O No% 22*B no lon.er control% $ indin. decree is no, needed and -ust e read intothe provisions of la, previously otainin.% >? In refusin. to consider petitioner@s appeal favoraly the appellate court also said Tee v. Attone Tee# Ad$. Ca%e No. &'()# ' *+l ,))&   is -andatory precedent for this case% $lthou.h decided y the 6i.h Court in ! 2 the facts situate it ,ithin the re.i-e of the no,:repealed provisions of the Civil Code as in the instant case% < < <  5or purposes of deter-inin. ,hether a person is le.ally free to contract a second -arria.e a 9udicial declaration that the first -arria.e ,as null and void ab initio is essential% % % % >#?  $t the outset ,e -ust note that private respondent@s first and second -arria.escontracted in ! ** and ! *  respectively are .overned y the provisions of the CivilCode% The present case differs si.nificantly fro- the recent cases of -obi% v.-obi% >*?   and Meado v. Tan# >+?   oth involvin. a cri-inal case for i.a-y ,here the i.a-ous-arria.e ,as contracted durin. the effectivity of the 5a-ily Code > ?  under ,hich a 9udicial declaration of nullity of -arria.e is clearly re=uired%/ertinent to the present controversy $rticle +) of the Civil Code provides that  $rt% +)% $ny -arria.e suse=uently contracted y any person durin. the lifeti-e of the first spouse of such person ,ith any person other than such firstspouse shall e ille.al and void fro- its perfor-ance unlessA!B The first -arria.e ,as annulled or dissolvedF or A2B The first spouse had een asent for seven consecutive years at the ti-e of the second -arria.e ,ithout the spouse present havin. ne,s of the asentee ein. alive or if the asentee thou.h he has een asent for less than seven years is .enerally considered as dead and efore any person elieved to e so y the spouse present at the ti-e of contractin. such suse=uent -arria.e or if the asentee is presu-ed dead accordin. to articles ) 1 and ) !% The -arria.e so contracted shall e valid in any of the three cases until declared null and void y a co-petent court%  $s to ,hether a 9udicial declaration of nullity of a void -arria.e is necessary theCivil Code contains no e<press provision to that effect% Jurisprudence on the -atterho,ever appears to e conflictin.%Ori.inally in People v. Mendoza  >!1?   and  People v. Aa!on  >!!?  this Court held that no 9udicial decree is necessary to estalish the nullity of a void -arria.e% 0oth casesinvolved the sa-e factual -ilieu% $ccused contracted a second -arria.e durin. thesusistence of his first -arria.e% $fter the death of his first ,ife accused contracted athird -arria.e durin. the susistence of the second -arria.e% The second ,ife initiateda co-plaint for i.a-y% The Court ac=uitted accused on the .round that the second-arria.e is void havin. een contracted durin. the e<istence of the first-arria.e% There is no need for a 9udicial declaration that said second -arria.e isvoid% Since the second -arria.e is void and the first one ter-inated y the death of his,ife there are no t,o susistin. valid -arria.es% 6ence there can e noi.a-y% Justice $le< (eyes dissented in oth cases sayin. that it is not for thespouses ut the court to 9ud.e ,hether a -arria.e is void or not%

3-Go vs CA(1997)

Jul 26, 2017

pl 39

Jul 26, 2017
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