Ninal vs.

Badayog
G.R. No. 133778

Facts: Petitioner is the daughter of Mr. Pepito Ninal and his first wife Teodulfa Bellones. On
April 24, 1985, Mrs. Bellones was shot by Mr. Ninal and died. One year and eight months after
Mr. Ninal and respondent Mrs. Badayog married without a marriage license. In lieu of it, they
executed an affidavit stating that they have cohabited for five years. Pepito then died in a car
accident. After her father’s death, petitioner filed a petition for a declaration of the nullity of
marriage of Pepito to Norma due to the couple’s marriage lacking a valid marriage license.
Respondents filed a motion to dismiss due to lack of action since the petitioners are not among
those people who can file an action for nullity of marriage. Judge Ferdinand J. Marcos of the
regional trial court, dismissed the case on the grounds that the Family Code was silent in resolve
the issues raised.

Issues: 1.) Whether or not the petitioners are proper parties to execute an action for the nullity of
marriage; 2.) Whether or not the marriage of Mr. Ninal to Mrs. Badayog was void ab intio due to
the lack of a valid marriage license; and 3.) Whether or not the petitioners are stopped from filing
the said action since the marriage was deemed dissolved upon their father’s death.

Held: The Supreme Court granted the petition and reversed the dismissal of the case of the RTC.
It has been decided that Mr. Ninal and Mrs. Badayog’s marriage was void ab initio, since the
couple were not cohabiting as husband and wife in those five years, during which the legal wife
of the former was still alive. As for marriages void ab initio, anyone can raise the question of
their validity even after the death of a spouse, so as to dissolve any rights inferred from it. This is
in contrary to rules governing voidable marriages.

Ninal vs. Bayadog

328 SCRA 122

FACTS:

Pepito Ninal was married with Teodulfa Bellones on September 26, 1974.  They had 3 children
namely Babyline, Ingrid and Archie, petitioners.  Due to the shot inflicted by Pepito to Teodulfa,
the latter died on April 24, 1985 leaving the children under the guardianship of Engrace Ninal.  1
year and 8 months later, Pepito and Norma Badayog got married without any marriage license. 
They instituted an affidavit stating that they had lived together for at least 5 years exempting
from securing the marriage license.  Pepito died in a car accident on February 19, 1977.  After
his death, petitioners filed a petition for declaration of nullity of the marriage of Pepito and
Norma alleging that said marriage was void for lack of marriage license.
ISSUES:

1.  Whether or not the second marriage of Pepito was void?

2.  Whether or not the heirs of the deceased may file for the declaration of the nullity of Pepito’s
marriage after his death?

HELD:

The marriage of Pepito and Norma is void for absence of the marriage license.  They cannot be
exempted even though they instituted an affidavit and claimed that they cohabit for at least 5
years because from the time of Pepito’s first marriage was dissolved to the time of his marriage
with Norma, only about 20 months had elapsed. Albeit, Pepito and his first wife had separated in
fact, and thereafter both Pepito and Norma had started living with each other that has already
lasted for five years, the fact remains that their five-year period cohabitation was not the
cohabitation contemplated by law.  Hence, his marriage to Norma is still void.

Void marriages are deemed to have not taken place and cannot be the source of rights.  It can be
questioned even after the death of one of the parties and any proper interested party may attack a
void marriage.