DOMINGO VS CA

FACTS:
Roberto Domingo married Delia Soledad in 1976 while being married with Emerlina dela Paz.He
has been unemployed and completely dependent upon Delia, who has been working in Saudi
Arabia, for support and subsistence. Delia only found out about the prior marriage when Emerlina
sued them for bigamy in 1983. In 1989, she found out that Roberto was cohabiting with another
woman and he was disposing of some of her properties without her knowledge and consent. In
May 1991, Delia filed a petition for judicial declaration of nullity of her marriage to Roberto and
separation of property.

ISSUE:
Whether or not a petition for judicial declaration of a void marriage is necessary. If in affirmative,
whether the same should be filed only for purpose of remarriage.

RULING:
Yes. A declaration of the absolute nullity of marriage is now explicitly required either as a cause
of action or a ground for defense. Where the absolute nullity of a previous marriage is sought to
be invoked for purpose of contracting a second marriage, the sole basis acceptable in law for the
said projected marriage be free from legal infirmity is a final judgment declaring the previous
marriage void.
The requirement for a declaration of absolute nullity of a marriage is also for the protection of
the spouse who, believing that his or her marriage is illegal and void, marries again. With the
judicial declaration of the nullity of his or her first marriage, the person who marries again cannot
be charged with bigamy.
Article 40 as finally formulated included the significant clause denotes that final judgment
declaring the previous marriage void need not be obtained only for purposes of remarriage. A
person can conceive of other instances other than remarriage, such as in case of an action for
liquidation, partition, distribution and separation of property between the spouses, as well as an
action for the custody and support of their common children and the delivery of the latters'
presumptive legitimes. In such cases, however, one is required by law to show proof that the
previous one was an absolute nullity.
Marriage is an “inviolable social institution, is the foundation of the family;” as such, it “shall be
protected by the State. As a matter of policy, there should be a final judgment declaring the
marriage void and a party should not declare for himself or herself whether or not the marriage
is void.