Carino vs Carino
Carino vs Carino
351 SCRA 127
February 2, 2001
The absolute nullity of a previous marriage may be invoked for the purpose of remarriage on the basis solely of final judgment declaring such previous marriage void.
SPO4 Santiago Carino contracted 2 marriages, the first was on June 20, 1969 with petitioner Susan Nicdao Carinowith who he had 2 children and the second was on November 10,1992 with respondent Susan Yee Carino with whom he had no children. The respondent admitted that her marriage with the deceased took place during the subsistence of, and without first obtaining a judicial declaration of nullity of, the marriage between petitioner and the deceased. The respondent contended that the marriage of the deceased with Susan Nicdao was contracted without marriage license thus making it a void ab initio. In support thereof, respondent presented the marriage certificate of the deceased and the petitioner which bears no marriage license number and a certificate of no marriage license between the deceased and Susan Nicdao from the Local Civil Registrar of San Juan.
Whether or not the second marriage is valid
The marriage of the deceased and Susan Yee is not valid. For the purpose of remarriage, there must first be a prior judicial declaration of nullity of a previous marriage, though void, before a party can enter into a second marriage, otherwise, the second marriage would also be void. The marriage of the deceased and Susan Yee was solemnized without first obtaining a judicial decree declaring the marriage of petitioner Susan Nicdao and the deceased void. Hence, the marriage of respondent Susan Yee and the deceased is, likewise, void ab initio.
351 SCRA 127
February 2, 2001
Doctrine:
The absolute nullity of a previous marriage may be invoked for the purpose of remarriage on the basis solely of final judgment declaring such previous marriage void.
Facts:
SPO4 Santiago Carino contracted 2 marriages, the first was on June 20, 1969 with petitioner Susan Nicdao Carinowith who he had 2 children and the second was on November 10,1992 with respondent Susan Yee Carino with whom he had no children. The respondent admitted that her marriage with the deceased took place during the subsistence of, and without first obtaining a judicial declaration of nullity of, the marriage between petitioner and the deceased. The respondent contended that the marriage of the deceased with Susan Nicdao was contracted without marriage license thus making it a void ab initio. In support thereof, respondent presented the marriage certificate of the deceased and the petitioner which bears no marriage license number and a certificate of no marriage license between the deceased and Susan Nicdao from the Local Civil Registrar of San Juan.
Issue:
Whether or not the second marriage is valid
Held:
The marriage of the deceased and Susan Yee is not valid. For the purpose of remarriage, there must first be a prior judicial declaration of nullity of a previous marriage, though void, before a party can enter into a second marriage, otherwise, the second marriage would also be void. The marriage of the deceased and Susan Yee was solemnized without first obtaining a judicial decree declaring the marriage of petitioner Susan Nicdao and the deceased void. Hence, the marriage of respondent Susan Yee and the deceased is, likewise, void ab initio.
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