DOMINGO VS. COURT OF APPEALS
226 SCRA 572
Petitioner: Roberto Domingo
Respondents: Court of Appeals and Delia Soledad Avera Ponente: J. Romero FACTS: On May 29, 1991, private respondent Delia Soledad A.Domingo filed the petition entitled "DECLARATION OF ANNULMENT OF MARRIAGE AND SEPARATION OF PROPERTY" against Roberto Domingo. The petition, which was filed before Pasig RTC, alleged the following: (a) They were married on November 29, 1976;
(b) Unknown to her (Delia), he had a previous marriage with Emerina dela Paz on April 25, 1969 which marriage is valid and still existing; (c) She came to know of the prior marriage only sometime in 1983 when Emerina sued them for bigamy; (d) Since 1979, she has been working in Saudi Arabia and is only able to stay in the Philippines when she would avail of the one-month annual vacation leave granted by her employer; (e) Roberto has been unemployed and completely dependent upon her for support and subsistence; (f) Her personal properties amounting to P350,000.00 are under the possession of Roberto, who disposed some of the said properties without her knowledge and consent; (g) While on her vacation, she discovered that he was cohabiting with another woman. Petitioner filed a Motion to Dismiss on the ground that the declaration of their marriage, which is void ab initio, is superfluous and unnecessary. He further suggested that private respondent should have filed an ordinary civil action for the recovery of the properties alleged to have been acquired by their union. RTC and CA dismissed the petitioner's motion for lack of merit. ISSUES: 1) Whether or not a petition for judicial declaration of a void marriage is necessary. If in the affirmative, whether the same should be filed only for purpose of remarriage. 2) Whether or not the petition entitled "Declaration of Nullity of Marriage and Separation of Property" is the proper remedy of private respondent to recover certain real and personal properties allegedly belonging to...
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