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  • Persons Jurisprudence

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    Elsie Cayetano
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    This document discusses different court rulings on whether a judicial decree is necessary to establish the invalidity of a void marriage. Specifically, it notes that under the Civil Code, which governed the respondent's first two marriages from 1977-1979, no judicial declaration was needed. However, the Family Code later expressly required such a declaration. Therefore, since the Civil Code applied, the respondent's second marriage is valid even without a judicial nullification of the first. Applying the Family Code retroactively would prejudice the rights of the petitioner and her children from the second marriage.

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    Odayat and Wiegel Case-Persons and Family Relations

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    This document discusses different court rulings on whether a judicial decree is necessary to establish the invalidity of a void marriage. Specifically, it notes that under the Civil Code, which governed the respondent's first two marriages from 1977-1979, no judicial declaration was needed. However, the Family Code later expressly required such a declaration. Therefore, since the Civil Code applied, the respondent's second marriage is valid even without a judicial nullification of the first. Applying the Family Code retroactively would prejudice the rights of the petitioner and her children from the second marriage.

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    © All Rights Reserved
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    20 views1 page

    Persons Jurisprudence

    Uploaded by

    Elsie Cayetano
    This document discusses different court rulings on whether a judicial decree is necessary to establish the invalidity of a void marriage. Specifically, it notes that under the Civil Code, which governed the respondent's first two marriages from 1977-1979, no judicial declaration was needed. However, the Family Code later expressly required such a declaration. Therefore, since the Civil Code applied, the respondent's second marriage is valid even without a judicial nullification of the first. Applying the Family Code retroactively would prejudice the rights of the petitioner and her children from the second marriage.

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    © All Rights Reserved
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    of 1

    G.R. No.

    127406, November 27, 2000

    In Odayat v. Amante (1977), the Court adverted to Aragon and Mendoza as precedents where
    the Court held that no judicial decree is necessary to establish the invalidity of void marriages.
    Yet, in Wiegel v. Sempio-Diy (1986), the Court held that there is a need for a judicial
    declaration of nullity of a void marriage. At any rate, the confusion under the Civil Code was
    put to rest under the Family Code. Article 40 of the Family Code, expressly required a judicial
    declaration of nullity of marriage.

    In this case, we must note that private respondent’s first and second marriages contracted in
    1977 and 1979, respectively, are governed by the provisions of the Civil Code. At that time,
    the prevailing rule was found in Odayat, Mendoza and Aragon. The first marriage of private
    respondent being void for lack of license and consent, there was no need for judicial
    declaration of its nullity before he could contract a second marriage. Therefore, we conclude
    that private respondent’s second marriage to petitioner is valid. We find that the provisions of
    the Family Code cannot be retroactively applied to the present case, for to do so would
    prejudice the vested rights of petitioner and of her children.

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