Ofelia Ty vs CA

GR No. 127406 (November 27, 2000)

QUISUMBING, J.:

FACTS:

In 1977, Reyes married Anna Maria Villanueva in a civil ceremony. They had a church
wedding in the same year as well. In 1980, the Juvenile and Domestic Relations Court
of QC declared their marriage as null and void; the civil one for lack of marriage license
and the subsequent church wedding due to the lack of consent of the parties. In 1979,
prior to the JDRC decision, Reyes married Ofelia. Then in 1991, Reyes filed for an
action for declaration of nullity of his marriage with Ofelia. He averred that they lack a
marriage license at the time of the celebration and that there was no judicial declaration
yet as to the nullity of his previous marriage with Anna. Ofelia presented evidence
proving the existence of a valid marriage license including the specific license number
designated. The lower court however ruled that Ofelia’s marriage with Reyes is null and
void. The same was affirmed by the CA applying the provisions of the Art 40 of the FC.

ISSUE:

Whether or not the absolute nullity of the previous of marriage of Reyes can be invoked
in the case at bar.

HELD:

Art. 40 of the Family Code provides that, “The absolute nullity of a previous marriage
may be invoked for purposes of remarriage on the basis solely of a final judgment
declaring such previous marriage void.” This means that before one can enter into a
second marriage he must first acquire a judicial declaration of the nullity of the previous
marriage and such declaration may be invoked on the basis solely of a final judgment
declaring the previous marriage as void. For purposes other than remarriage, other
evidences may be presented and the declaration can be passed upon by the courts. In
the case at bar, the lower court and the CA cannot apply the provision of the FC. Both
marriages entered by Reyes were solemnized prior to the FC. The old CC did not have
any provision that states that there must be such a declaration before remarriage can
be done hence Ofelia’s marriage with Reyes is valid. The provisions of the FC (took
effect in ’87) cannot be applied retroactively especially because they would impair the
vested rights of Ofelia under the CC which was operational during her marriage with
Reyes.