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  • Domingo vs. CA 226 SCRA 572

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    1) Soledad Domingo filed a petition to nullify her marriage to Roberto Domingo and separate their properties after discovering he was already married and had disposed of some of her properties. 2) The issue is whether a judicial declaration of nullity is only for the purpose of remarriage. 3) The court held that while a declaration is needed for remarriage purposes, it is also necessary to protect a subsequent spouse who believed in good faith they were not bigamously married, and to provide for the separation of properties when a marriage is declared void from the beginning.

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    1) Soledad Domingo filed a petition to nullify her marriage to Roberto Domingo and separate their properties after discovering he was already married and had disposed of some of her properties. 2) The issue is whether a judicial declaration of nullity is only for the purpose of remarriage. 3) The court held that while a declaration is needed for remarriage purposes, it is also necessary to protect a subsequent spouse who believed in good faith they were not bigamously married, and to provide for the separation of properties when a marriage is declared void from the beginning.

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    3 views2 pages

    Domingo vs. CA 226 SCRA 572

    Uploaded by

    RR F
    1) Soledad Domingo filed a petition to nullify her marriage to Roberto Domingo and separate their properties after discovering he was already married and had disposed of some of her properties. 2) The issue is whether a judicial declaration of nullity is only for the purpose of remarriage. 3) The court held that while a declaration is needed for remarriage purposes, it is also necessary to protect a subsequent spouse who believed in good faith they were not bigamously married, and to provide for the separation of properties when a marriage is declared void from the beginning.

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    DomingovsCA

    Domingovs.CA
    226SCRA572

    FACTS:
    SoledadDomingo,marriedwithRobertoDomingoin1976,fileda
    petitionforthedeclarationofnullityofmarriageandseparationof
    property.ShedidnotknowthatDomingohadbeenpreviouslymarried
    toEmerlindadelaPazin1969.Shecametoknowtheprevious
    marriagewhenthelatterfiledasuitofbigamyagainsther.
    Furthermore,whenshecamehomefromSaudiduringheronemonth
    leavefromwork,shediscoveredthatRobertocohabitedwithanother
    womanandhadbeendisposingsomeofherpropertieswhichis
    administeredbyRoberto.Thelatterclaimsthatbecausetheirmarriage
    wasvoidabinitio,thedeclarationofsuchvoidanceisunnecessaryand
    superfluous.Ontheotherhand,Soledadinsiststhedeclarationofthe
    nullityofmarriagenotforthepurposeofremarriage,butinorderto
    provideabasisfortheseparationanddistributionofproperties
    acquiredduringthemarriage.
    ISSUE:Whetherornotapetitionforjudicialdeclarationshouldonly
    befiledforpurposesofremarriage.

    HELD:
    Thedeclarationofthenullityofmarriageisindeedrequiredfor
    purposedofremarriage.However,itisalsonecessaryforthe
    protectionofthesubsequentspousewhobelievedingoodfaiththathis
    orherpartnerwasnotlawfullymarriedmarriesthesame.Withthis,
    thesaidpersonisfreedfrombeingchargedwithbigamy.
    Whenamarriageisdeclaredvoidabinitio,lawstatesthatfinal
    judgmentshallprovidefortheliquidation,partitionanddistributionof
    thepropertiesofthespouses,thecustodyandsupportofthecommon
    childrenandthedeliveryoftheirpresumptivelegitimes,unlesssuch
    mattershadbeenadjudicatedinpreviousjudicialproceedings.
    Soledadsprayerforseparationofpropertywillsimplybethe
    necessaryconsequenceofthejudicialdeclarationofabsolutenullityof
    theirmarriage.Hence,thepetitionerssuggestionthatfortheir
    propertiesbeseparated,anordinarycivilactionhastobeinstitutedfor
    thatpurposeisbaseless.TheFamilyCodehasclearlyprovidedthe
    effectsofthedeclarationofnullityofmarriage,oneofwhichisthe
    separationofpropertyaccordingtotheregimeofpropertyrelations
    governingthem.

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