MONTAES V. CIPRIANO GR.

181089
FACTS:
On 1976 respondent married Socrates.
On 1983 during the subsistence of the said marriage, respondent marry Silverio.
On 2003 RTC declared the first marriage of the respondent null and void due to psychological
incapacity.
On 2004 Silverios daughter filed a complaint for bigamy.
Respondent defends that her marriage with Socrates had already been declared void and there
was no more marriage to speak. Invoking article 40 of Family Code is applicable to herein case.
RTC ruled that since both marriages took place before the affectivity of Family Code, the absence
of judicial declaration of nullity of marriage should not prejudice the accused whose second
marriage was declared once and for all valid with the annulment.
ISSUE:
WON Article 40 is applicable to the declaration of nullity of respondent first marriage that will
justifies the dismissal of the information for bigamy filed against her.
HELD:
No. Art. 40 is Procedural in Nature.
Anent contention of her two marriages prior to the effectivity of Family Code. Art. 40 of the FC
cannot be given retroactive effect because this will impair he right to remarry without need of
securing a judicial declaration of nullity of marriage. Said code shall have retroactive effect as it
does not prejudice or impair vested rights or acquired rights. The reason is that as a general rule,
no vested right may attach to, nor arise from, procedural laws.