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    Ninal vs. Bayadog

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    Fer Grace AniñonAcabalcuid Cataylo
    The heirs of a deceased person filed a petition to declare the deceased's second marriage null after his death. The deceased was first married in 1974 and that wife was killed by him in 1985. In 1986, he married the respondent without a marriage license, claiming they had lived together for 5 years. He died in 1997. The heirs argued the second marriage was void for lack of a license. The Supreme Court ruled that under the applicable Civil Code, a license was required for a valid marriage. However, an exception existed if the parties lived together exclusively as husband and wife for at least 5 years, which was claimed by the respondent. The Court found the marriage was valid and dismissed the petition.

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    Ninal vs. Bayadog

    Uploaded by

    Fer Grace AniñonAcabalcuid Cataylo
    131 views2 pages
    The heirs of a deceased person filed a petition to declare the deceased's second marriage null after his death. The deceased was first married in 1974 and that wife was killed by him in 1985. In 1986, he married the respondent without a marriage license, claiming they had lived together for 5 years. He died in 1997. The heirs argued the second marriage was void for lack of a license. The Supreme Court ruled that under the applicable Civil Code, a license was required for a valid marriage. However, an exception existed if the parties lived together exclusively as husband and wife for at least 5 years, which was claimed by the respondent. The Court found the marriage was valid and dismissed the petition.

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    NINAL VS. BAYADOG

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    The heirs of a deceased person filed a petition to declare the deceased's second marriage null after his death. The deceased was first married in 1974 and that wife was killed by him in 1985. In 1986, he married the respondent without a marriage license, claiming they had lived together for 5 years. He died in 1997. The heirs argued the second marriage was void for lack of a license. The Supreme Court ruled that under the applicable Civil Code, a license was required for a valid marriage. However, an exception existed if the parties lived together exclusively as husband and wife for at least 5 years, which was claimed by the respondent. The Court found the marriage was valid and dismissed the petition.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    131 views2 pages

    Ninal vs. Bayadog

    Uploaded by

    Fer Grace AniñonAcabalcuid Cataylo
    The heirs of a deceased person filed a petition to declare the deceased's second marriage null after his death. The deceased was first married in 1974 and that wife was killed by him in 1985. In 1986, he married the respondent without a marriage license, claiming they had lived together for 5 years. He died in 1997. The heirs argued the second marriage was void for lack of a license. The Supreme Court ruled that under the applicable Civil Code, a license was required for a valid marriage. However, an exception existed if the parties lived together exclusively as husband and wife for at least 5 years, which was claimed by the respondent. The Court found the marriage was valid and dismissed the petition.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    FER GRACE CATAYLO NIAGA JD I

    NIÑAL vs. BAYADOG


    (GR. No. 133778, MARCH 14, 2000)
    FACTS:
    Pepito Niñal was married to Teodulfa Bellones on September 26,
    1974. She was shot by Pepito resulting in her death on April 24, 1985. One
    year and 8 months thereafter, Pepito and respondent Norma Badayog got
    married without any marriage license. In lieu thereof, Pepito and Norma
    executed an affidavit dated December 11, 1986 stating that they had lived
    together as husband and wife for at least five years and were thus exempt
    from securing a marriage license. On February 19, 1997, Pepito died in a car
    accident.
    After their father’s death, petitioners filed a petition for declaration of
    nullity of the marriage of Pepito to Norma alleging that the said marriage
    was void for lack of a marriage license. The case was filed under the
    assumption that the validity or invalidity of the second marriage would
    affect petitioner’s successional rights.
    Norma filed a motion to dismiss on the ground that petitioners have
    no cause of action since they are not among the persons who could file an
    action for annulment of marriage under Article 47 of the Family Code.
    ISSUE:
    1. May the heirs of a deceased person file a petition for the
    declaration of nullity of his marriage after his death?
    2. Whether or not Pepito and Norma’ living together as husband and
    wife for at least five years exempts them from obtaining a marriage
    license under Article 34 of the Family Code of the Philippines.
    RULING:
    The two marriages involved herein having been solemnized prior to
    the effectivity of the Family Code (FC), the applicable law to determine their
    validity is the Civil Code which was the law in effect at the time of their
    celebration. [5] A valid marriage... license is a requisite of marriage under
    Article 53 of the Civil Code, [6] the absence of which renders the marriage
    void ab initio
    The requirement... and issuance of marriage license is the State's
    demonstration of its involvement and participation in every marriage, in the
    maintenance of which the general public is interested

    However, there are several instances recognized by the Civil Code


    wherein a marriage license is dispensed with, one of which is that provided
    in Article 76, [14] referring to the marriage of a man and a woman who have
    lived together and exclusively with each... other as husband and wife for a
    continuous and unbroken period of at least five years before the marriage.
    Consequently, void marriages can be questioned even after the death
    of either party but voidable marriages can be assailed only during the
    lifetime of the parties and not after death of either, in which case the parties
    and... their offspring will be left as if the marriage had been perfectly valid.
    Contrary to the trial court's ruling, the death of petitioner's father
    extinguished the alleged marital bond between him and respondent. The
    conclusion is erroneous and proceeds from a wrong premise that there was a
    marriage bond that was dissolved between the two. It should be... noted that
    their marriage was void hence it is deemed as if it never existed at all and the
    death of either extinguished nothing.
    However, other than for purposes of remarriage, no judicial action is
    necessary to declare a marriage an absolute nullity. For other purposes, such
    as but not limited to determination of heirship, legitimacy or illegitimacy of
    a child, settlement of estate, dissolution of... property regime, or a criminal
    case for that matter, the court may pass upon the validity of marriage even in
    a suit not directly instituted to question the same so long as it is essential to
    the determination of the case.

    WHEREFORE, the petition is GRANTED

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