Divorce and Other Ways of Marriage Separation
A number of queries have reached us whether a married person can re-file a petition for annulment or declaration of nullity when the previous petition was previously dismissed. The first petition is usually based on psychological incapacity under Article 36 of the Family Code and the second petition is almost always based on a different ground.
This is precisely the issue resolved in the case of Mallion vs. Alcantara, 31 October 2006, G.R. No. 141528: Does a previous final judgment denying a petition for declaration of nullity on the ground of psychological incapacity bar a subsequent petition for declaration of nullity on the ground of lack of marriage license?
In the Mallion case, the husband filed a petition for declaration of nullity of marriage based on Article 36 but the case was dismissed for lack of evidence. The husband subsequently filed another case, this time based on the absence of marriage license, which is another ground for declaration of nullity.
The wife, unfortunately for the husband, actively opposed the petition, arguing that it should be dismissed on the ground of res judicata and forum shopping. The husband-petitioner countered that the two cases involve different facts and require different evidence.
For the layman, here’s how we could simplify the explanation. In the first petition, the husband made a categorical admission that the marriage was celebrated in accordance with law. This obviously means that the requirements for the solemnization of marriage — including the requisite marriage license — were complied with. The petitioner cannot be allowed to allege in the second petition that the marriage is defective because of the absence of a valid marriage license.
We could dig in and dwell on the reasons given by the Supreme Court. The decision in the Mallion case contains a straightforward discussion on res judicata, on the its dual aspects of “bar by prior judgment” (different cases, same cause of action) or “conclusiveness
This is precisely the issue resolved in the case of Mallion vs. Alcantara, 31 October 2006, G.R. No. 141528: Does a previous final judgment denying a petition for declaration of nullity on the ground of psychological incapacity bar a subsequent petition for declaration of nullity on the ground of lack of marriage license?
In the Mallion case, the husband filed a petition for declaration of nullity of marriage based on Article 36 but the case was dismissed for lack of evidence. The husband subsequently filed another case, this time based on the absence of marriage license, which is another ground for declaration of nullity.
The wife, unfortunately for the husband, actively opposed the petition, arguing that it should be dismissed on the ground of res judicata and forum shopping. The husband-petitioner countered that the two cases involve different facts and require different evidence.
For the layman, here’s how we could simplify the explanation. In the first petition, the husband made a categorical admission that the marriage was celebrated in accordance with law. This obviously means that the requirements for the solemnization of marriage — including the requisite marriage license — were complied with. The petitioner cannot be allowed to allege in the second petition that the marriage is defective because of the absence of a valid marriage license.
We could dig in and dwell on the reasons given by the Supreme Court. The decision in the Mallion case contains a straightforward discussion on res judicata, on the its dual aspects of “bar by prior judgment” (different cases, same cause of action) or “conclusiveness