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TY vs. COURT OF APPEALS G.R. No. 127406 November 27, 2000 Facts

Edgardo Reyes married Ana Maria Villanueva in 1977 in a civil ceremony followed by a church wedding, however their marriage was declared null and void due to lack of a valid marriage license and consent. In 1979, before the decree nullifying his marriage to Ana Maria, Edgardo married Ofelia Ty in a ceremony officiated by a judge followed by a church wedding. Edgardo later filed to have his marriage to Ofelia declared null and void. The Court of Appeals affirmed the marriage to Ofelia was valid as per the prevailing laws at the time, a judicial declaration of nullity was not required before contracting a second marriage if the first marriage was void for lack of license and consent. The Supreme Court

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62 views1 page

TY vs. COURT OF APPEALS G.R. No. 127406 November 27, 2000 Facts

Edgardo Reyes married Ana Maria Villanueva in 1977 in a civil ceremony followed by a church wedding, however their marriage was declared null and void due to lack of a valid marriage license and consent. In 1979, before the decree nullifying his marriage to Ana Maria, Edgardo married Ofelia Ty in a ceremony officiated by a judge followed by a church wedding. Edgardo later filed to have his marriage to Ofelia declared null and void. The Court of Appeals affirmed the marriage to Ofelia was valid as per the prevailing laws at the time, a judicial declaration of nullity was not required before contracting a second marriage if the first marriage was void for lack of license and consent. The Supreme Court

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John simon jr
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FINAL JUDGMENT AND SUBSEQUENT PROCEEDINGS

TY vs. COURT OF APPEALS G.R. No. 127406 November 27, 2000

Facts:
In 1977, private respondent Edgardo Reyes married Ana Maria Regina Villanueva in a civil
ceremony. A church wedding ensued. However, the Juvenile and Domestic Relatives want to
declare their marriage null and void ab initio lack of a valid marriage license. The church
wedding was also declared null and void ab initio for lack of consent of the parties. In 1979,
before the decree was issued nullifying his marriage to Anna Maria, Edgardo Reyes married
Ofelia Ty in a ceremony officiated by a judge, then a church wedding followed. In 1991,Edgardo
reyes filed a civil case with the Regional Trial Court praying that his marriage with Ofelia be
declared null and void on the ground that here was no marriage license when they got married.
He also averred at that time he married Ofelia, the decree of nullity of the marriage to Anna
Maria was rendered only when his civil marriage to petitioner, Ofelia Ty, null and void ab initio.
The Court of Appeals affirmed the decision

Issue:
Whether or not the decree of nullity of the first marriage is required before a subsequent
marriage can be entered into validly

Ruling:
The second marriage of private respondent was entered into in 1979, before the case of Wiegel.
At that time, the prevailing rule was found in Odayat, Mendoza and Aragon, wherein
there was no need for judicial declaration of nullity of
a marriage for lack of license and consent, before such person may contract a second marriage.
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. In this case
therefore, the Court concluded that private respondent‘s second marriage to Ofelia Ty is valid.
Moreover, the provision of the Family Code cannot be retroactively applied where to do
so would prejudice the vested rights of a party and her children. As held in Jison versus Court of
Appeals, the Family Code has retroactive effect unless there is impairment of vested rights.
Petition granted, judgment and resolution declared valid and subsisting.

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