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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In the case of Quirit-Figarido v. Figarido (G.R. No. 259520, November 5, 2024), the Supreme Court held that only the aggrieved or injured innocent spouse of either marriage may petition to declare the nullity of the subsequent marriage.
Only the aggrieved or injured innocent spouse of either marriage may petition to declare the nullity of the subsequent marriage.
Under Article 35(4) of the Family Code, bigamous and polygamous marriages shall be considered void ab initio. Relative thereto, the Supreme Court promulgated A.M. No. 02-11-10- SC, or the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, Section 2(a) of which provides that only the spouses may petition the declaration of nullity of a void marriage.
“Section 2. Petition for declaration of absolute nullity of void marriages.
(a) Who may file. – A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife.”
Further elucidating on Section 2(a) of A.M. No. 02-11-10-SC, the Rationale of the Rules on Annulment of Voidable Marriages and Declaration of Absolute Nullity of Void Marriages, Legal Separation and Provisional Orders was issued.
The Rationale makes it clear that Section 2 (a) of A.M. No. 02-11-10-SC refers to the “aggrieved or injured spouse.” It states that an action for the declaration of nullity of a void marriage may be filed solely by the aggrieved or injured spouse, to wit:
“(1) Only an aggrieved or injured spouse may file petitions for annulment of voidable marriages and declaration of absolute nullity of void marriages…”
In Quirit-Figarido v. Figardio, the Supreme Court citing the case of Juliano-Llave v. Republic of the Philippines, held that the subsequent spouse may only be expected to take action if he or she had only discovered during the connubial period that the marriage was bigamous, and especially if the conjugal bliss had already vanished. Should parties in a subsequent marriage benefit from the bigamous marriage, it would not be expected that they would file an action to declare the marriage void and thus, in such circumstance, the “injured spouse” who should be given a legal remedy is the one in a subsisting previous marriage. The latter is clearly the aggrieved party as the bigamous marriage not only threatens the financial and the property ownership aspect of the prior marriage but most of all, it causes an emotional burden to the prior spouse. The subsequent marriage will always be a reminder of the infidelity of the spouse and the disregard of the prior marriage which sanctity is protected by the Constitution.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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