Lupo Atienza v. Judge Brilliantes, 243 SCRA 32

Facts: Atienza, visiting his house in Makati wherein he has two children with De Castro, saw the respondent Judge Brillantes sleeping in his bed. The houseboy claimed that the judge had been cohabiting with De Castro. Atienza files charges on the judge on the ground that the respondent is already married and has five children. Judge denies the claim of being married stating that the alleged union wasn‘t valid because it lacked a marriage license. Although upon the request of the woman‘s parents they held another marriage ceremony later that year, they still didn‘t apply for a marriage license. The woman abandoned the Judge nineteen years ago leaving their children to his care. He claims that Article 40 of the Family Code does not apply to him considering that his first marriage took place in 1965 and was thus governed by the Civil Code of the Philippines; while the second marriage on 1991, governed by the Family Code.

Issue: WON the judge can contract a second marriage without a judicial declaration of nullity.

Held/Ratio: No. Article 40 is applicable to remarriages entered into after the effectivity of the Family Code in 1988 regardless of the date of the first marriage. Besides, under Article 256 of the FC, said Article is given ―retroactive effect, since it does not prejudice or impair any vested right. His failure to secure a marriage license on two possible occasions betrays his sinister motives and bad faith as a lawyer and judge. Judge was dismissed from service.