Ty v. CA, G.R. No.127406, Nov. 27, 2000

FACTS: Edgardo Reyes and Anna Villanueva were married twice, in civil rites and in church, in 1977.  Both weddings were declared null and void ab initio for lack of marriage license and consent of the parties.  Even before the decree nullifying the marriage was issued, Reyes contracted marriage with Ofelia Ty in April 1979 and had their church wedding in Makati in April 1982.  The decree was only issued in August 1980.  In January 1991, Reyes filed with RTC a complaint to have his marriage with petitioner be declared null and void.  RTC ruled that his marriage to Ofelia null and void ab initio. CA affirmed trial court‘s decision. CA ruled that a judicial declaration of nullity of the marriage with Villanueva must first be secured before a subsequent marriage could be validly contracted.

ISSUE: Whether the decree of nullity of the 1st marriage is required before a subsequent marriage can be entered into validly

HELD: Both marriages governed by the Civil Code hence, no judicial declaration is necessary