Ninal vs.

Badayog
G.R. No. 133778
Facts: Petitioner is the daughter of Mr. Pepito Ninal and his first wife Teodulfa Bellones. On
April 24, 1985, Mrs. Bellones was shot by Mr. Ninal and died. One year and eight months after
Mr. Ninal and respondent Mrs. Badayog married without a marriage license. In lieu of it, they
executed an affidavit stating that they have cohabited for five years. Pepito then died in a car
accident. After her fathers death, petitioner filed a petition for a declaration of the nullity of
marriage of Pepito to Norma due to the couples marriage lacking a valid marriage license.
Respondents filed a motion to dismiss due to lack of action since the petitioners are not among
those people who can file an action for nullity of marriage. Judge Ferdinand J. Marcos of the
regional trial court, dismissed the case on the grounds that the Family Code was silent in resolve
the issues raised.
Issues: 1.) Whether or not the petitioners are proper parties to execute an action for the nullity of
marriage; 2.) Whether or not the marriage of Mr. Ninal to Mrs. Badayog was void ab intio due to
the lack of a valid marriage license; and 3.) Whether or not the petitioners are stopped from filing
the said action since the marriage was deemed dissolved upon their fathers death.
Held: The Supreme Court granted the petition and reversed the dismissal of the case of the RTC.
It has been decided that Mr. Ninal and Mrs. Badayogs marriage was void ab initio, since the
couple were not cohabiting as husband and wife in those five years, during which the legal wife
of the former was still alive. As for marriages void ab initio, anyone can raise the question of
their validity even after the death of a spouse, so as to dissolve any rights inferred from it. This is
in contrary to rules governing voidable marriages.