DOMINGO VS.

COURT OF
APPEALS
G.R. NO. 104818 SEPTEMBER
17, 1993
 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.
 Held: 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.