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    Engrace Nial, Et. Al Vs Norma Bayadog G. R. No. 133778 March 14, 2000

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    Conan Grace Agas
    1) Pepito Ninal was previously married with 3 children but his wife died after being shot by Pepito. About 20 months later, Pepito married Norma Badayog without obtaining a marriage license. 2) After Pepito's death, his children filed a petition to declare the second marriage null and void for lacking a marriage license. 3) The court ruled that the second marriage was void because less than 5 years had passed since Pepito's first marriage ended. A void marriage produces no legal rights and can be challenged after death by any interested party.

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    Engrace Nial, Et. Al Vs Norma Bayadog G. R. No. 133778 March 14, 2000

    Uploaded by

    Conan Grace Agas
    40 views1 page
    1) Pepito Ninal was previously married with 3 children but his wife died after being shot by Pepito. About 20 months later, Pepito married Norma Badayog without obtaining a marriage license. 2) After Pepito's death, his children filed a petition to declare the second marriage null and void for lacking a marriage license. 3) The court ruled that the second marriage was void because less than 5 years had passed since Pepito's first marriage ended. A void marriage produces no legal rights and can be challenged after death by any interested party.

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    2000 03 14 G. R. No. 133778 NIAL vs BAYADOG

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    1) Pepito Ninal was previously married with 3 children but his wife died after being shot by Pepito. About 20 months later, Pepito married Norma Badayog without obtaining a marriage license. 2) After Pepito's death, his children filed a petition to declare the second marriage null and void for lacking a marriage license. 3) The court ruled that the second marriage was void because less than 5 years had passed since Pepito's first marriage ended. A void marriage produces no legal rights and can be challenged after death by any interested party.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views1 page

    Engrace Nial, Et. Al Vs Norma Bayadog G. R. No. 133778 March 14, 2000

    Uploaded by

    Conan Grace Agas
    1) Pepito Ninal was previously married with 3 children but his wife died after being shot by Pepito. About 20 months later, Pepito married Norma Badayog without obtaining a marriage license. 2) After Pepito's death, his children filed a petition to declare the second marriage null and void for lacking a marriage license. 3) The court ruled that the second marriage was void because less than 5 years had passed since Pepito's first marriage ended. A void marriage produces no legal rights and can be challenged after death by any interested party.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Engrace Nial, et.

    al vs Norma Bayadog
    G. R. No. 133778
    March 14, 2000

    Facts

    Pepito Ninal was married with Teodulfa Bellones on September 26, 1974. They had 3 children namely
    Babyline, Ingrid and Archie, petitioners. Due to the shot inflicted by Pepito to Teodulfa, the latter died
    on April 24, 1985 leaving the children under the guardianship of Engrace Ninal. 1 year and 8 months
    later, Pepito and Norma Badayog got married without any marriage license. They instituted an affidavit
    stating that they had lived together for at least 5 years exempting from securing the marriage license.
    Pepito died in a car accident on February 19, 1977. After his death, petitioners filed a petition for
    declaration of nullity of the marriage of Pepito and Norma alleging that said marriage was void for lack of
    marriage license.

    Issue :
    1. Whether or not the second marriage of Pepito was void?
    2. Whether or not the heirs of the deceased may file for the declaration of the nullity of Pepito’s
    marriage after his death?

    Held

    The marriage of Pepito and Norma is void for absence of the marriage license. They cannot be exempted
    even though they instituted an affidavit and claimed that they cohabit for at least 5 years because from the
    time of Pepito’s first marriage was dissolved to the time of his marriage with Norma, only about 20
    months had elapsed. Albeit, Pepito and his first wife had separated in fact, and thereafter both Pepito and
    Norma had started living with each other that has already lasted for five years, the fact remains that their
    five-year period cohabitation was not the cohabitation contemplated by law. Hence, his marriage to
    Norma is still void.

    Void marriages are deemed to have not taken place and cannot be the source of rights. It can be
    questioned even after the death of one of the parties and any proper interested party may attack a void
    marriage.

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