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Ty v. CA, G.R. No.127406, Nov. 27, 2000

Edgardo Reyes married Anna Villanueva twice in 1977, both times without proper licenses and consent, and these marriages were later declared null and void. Before the decree nullifying his marriage to Villanueva, Reyes married Ofelia Ty in 1979. In 1991, Reyes sought to have his marriage to Ty declared null, but both the trial court and appellate court ruled it was void from the beginning because the decree nullifying his marriage to Villanueva was only issued in 1980. The Supreme Court held that both marriages were governed by the Civil Code, so no judicial declaration was necessary for the nullity of the first marriage before entering the second marriage.

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Ty v. CA, G.R. No.127406, Nov. 27, 2000

Edgardo Reyes married Anna Villanueva twice in 1977, both times without proper licenses and consent, and these marriages were later declared null and void. Before the decree nullifying his marriage to Villanueva, Reyes married Ofelia Ty in 1979. In 1991, Reyes sought to have his marriage to Ty declared null, but both the trial court and appellate court ruled it was void from the beginning because the decree nullifying his marriage to Villanueva was only issued in 1980. The Supreme Court held that both marriages were governed by the Civil Code, so no judicial declaration was necessary for the nullity of the first marriage before entering the second marriage.

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RR F
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© © All Rights Reserved
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Tyv.CA,G.R.No.127406,Nov.

27,2000
FACTS: Edgardo Reyes and Anna Villanueva were married twice, in civil
rites and in church, in 1977. Both weddings were declared null and void
ab initio for lack of marriage license and consent of the parties. Even
before the decree nullifying the marriage was issued, Reyes contracted
marriage with Ofelia Ty in April 1979 and had their church wedding in
Makati in April 1982. The decree was only issued in August 1980. In
January 1991, Reyes filed with RTC a complaint to have his marriage with
petitioner be declared null and void. RTC ruled that his marriage to Ofelia
null and void ab initio. CA affirmed trial courts decision. CA ruled that a
judicial declaration of nullity of the marriage with Villanueva must first be
secured before a subsequent marriage could be validly contracted.
ISSUE: Whether the decree of nullity of the 1st marriage is required before
a subsequent marriage can be entered into validly

HELD: Both marriages governed by the Civil Code hence, no judicial


declaration is necessary

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