Scribd
Upload
29 views

Ofelia Ty Vs CA and Edgardo Reyes GR 1272060 9/13/10: Article 40 - Exception To The Rule

Ofelia Ty and Edgardo Reyes were married in 1979. In 1991, Reyes filed for annulment of his marriage to Ofelia, claiming his previous marriage to Anna Maria Villanueva in 1977 was still valid. The lower court and Court of Appeals ruled Ofelia's marriage to Reyes was void, applying Article 40 of the Family Code which requires a final judgment declaring a previous marriage void before remarriage. However, the Supreme Court held that Article 40 could not be applied retroactively to Ofelia and Reyes' marriage, which occurred before the Family Code took effect in 1987 under the old Civil Code, which had no such requirement. Therefore, Ofelia's marriage to Reyes was valid.

Uploaded by

Fred Michael L. Go
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
29 views

Ofelia Ty Vs CA and Edgardo Reyes GR 1272060 9/13/10: Article 40 - Exception To The Rule

Ofelia Ty and Edgardo Reyes were married in 1979. In 1991, Reyes filed for annulment of his marriage to Ofelia, claiming his previous marriage to Anna Maria Villanueva in 1977 was still valid. The lower court and Court of Appeals ruled Ofelia's marriage to Reyes was void, applying Article 40 of the Family Code which requires a final judgment declaring a previous marriage void before remarriage. However, the Supreme Court held that Article 40 could not be applied retroactively to Ofelia and Reyes' marriage, which occurred before the Family Code took effect in 1987 under the old Civil Code, which had no such requirement. Therefore, Ofelia's marriage to Reyes was valid.

Uploaded by

Fred Michael L. Go
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Ofelia Ty vs CA and Edgardo Reyes

Gr 1272060 9/13/10
Article 40 Exception to the Rule
In 1977, Reyes married Anna Maria Villanueva in a civil ceremony. They had a church
wedding in the same year as well. In 1980, the Juvenile and Domestic Relations Court of QC
declared their marriage as null and void; the civil one for lack of marriage license and the
subsequent church wedding due to the lack of consent of the parties. In 1979, prior to the
JDRC decision, Reyes married Ofelia. Then in 1991, Reyes filed for an action for declaration
of nullity of his marriage with Ofelia. He averred that they lack a marriage license at the time
of the celebration and that there was no judicial declaration yet as to the nullity of his previous
marriage with Anna. Ofelia presented evidence proving the existence of a valid marriage
license including the specific license number designated. The lower court however ruled that
Ofelias marriage with Reyes is null and void. The same was affirmed by the CA applying the
provisions of the Art 40 of the FC.
ISSUE: Whether or not the absolute nullity of the previous of marriage of Reyes can be
invoked in the case at bar.
HELD: Art. 40 of the FC provides that, The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely of a final judgment declaring such
previous marriage void. This means that before one can enter into a second marriage he
must first acquire a judicial declaration of the nullity of the previous marriage and such
declaration may be invoked on the basis solely of a final judgment declaring the previous
marriage as void. For purposes other than remarriage, other evidences may be presented
and the declaration can be passed upon by the courts. In the case at bar, the lower court and
the CA cannot apply the provision of the FC. Both marriages entered by Reyes were
solemnized prior to the FC. The old CC did not have any provision that states that there must
be such a declaration before remarriage can be done hence Ofelias marriage with Reyes is
valid. The provisions of the FC (took effect in 87) cannot be applied retroactively especially
because they would impair the vested rights of Ofelia under the CC which was operational
during her marriage with Reyes

You might also like