FACTS: Pepito Niñal
was married to Teodulfa Bellones on September 26, 1974. Teodulfa was shot by
Pepito resulting in her death on April 24, 1985. One year and 8 months
thereafter or on December 11, 1986, Pepito and respondent Norma Badayog got
married without any marriage license. They executed an affidavit dated December
11, 1986 stating that they had lived together as husband and wife for at least
five years, thus, they are exempted from securing a marriage license. On
February 19, 1997, Pepito died in a car accident. After their father’s death, petitioners,
children of Pepito in the first marriage, filed a petition for declaration of
nullity of the marriage of Pepito to Norma alleging that the said marriage was
void for lack of a marriage license. The case was filed under the assumption
that the validity or invalidity of the second marriage would affect
petitioner’s successional rights. Norma filed a motion to dismiss on the ground
that petitioners have no cause of action since they are not among the persons
who could file an action for "annulment of marriage" under Article 47
of the Family Code.
ISSUE: W/N the
marriage was valid
HELD: The 5-year
common law cohabitation period, which is counted back from the date of
celebration of marriage should be a period of legal union. Pepito and
Teodulfa’s marriage was still subsisting 5 years prior to Pepito and Norma’s
marriage. 2nd marriage is void ab initio. Note: However, other than for
purposes of remarriage, no judicial action is necessary to declare a marriage
an absolute nullity. For other purposes, such as but not limited to
determination of heirship, legitimacy or illegitimacy of a child, settlement of
estate, dissolution of property regime, or a criminal case for that matter, the
court may pass upon the validity of marriage even in a suit not directly
instituted to question the same so long as it is essential to the determination
of the case.
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