Civil Law Case Digest:

Ty vs Court of Appeals

Facts:

The private respondent, Edgardo Reyes, was married with Anna Villanueva in a civil ceremony in March 1977 and subsequently had a church wedding in August of the same year.  Both weddings were declared null and void ab initio for lack of marriage license and consent of the parties. 

Despite the decree nullifying the marriage was not yet issued, Reyes wed Ofelia Ty herein petitioner on April 1979 and had their church wedding in Makati on April 1982.  The decree was only issued in August 1980. 

In January 1991, Reyes filed with RTC a complaint to have his marriage with petitioner be declared null and void.  The CA ruled that a judicial declaration of nullity of the prior marriage with Anna must first be secured before a subsequent marriage could be validly contracted.  However, SC found that the provisions of the Family Code cannot be retroactively applied to the present case for doing so would prejudice the vested rights of the petitioner and of her children.

Issue:

Whether the decree of nullity of the first marriage is required before a subsequent marriage can be entered into validly?

Ruling:

The prevailing rule before the effectivity of the Family Code is found in Odayat, Mendoza and Aragon. The first marriage of private respondent being void for lack of license and consent, there was no need for judicial declaration of its nullity before he could contract a second marriage. In this case, therefore, we conclude that private respondent’s second marriage to petitioner is valid.

We find that the provisions of the Family Code cannot be retroactively applied to the present case, for to do so would prejudice the vested rights of petitioner and of her children. The Family Code has retroactive effect unless there be impairment of vested rights. In the present case, that impairment of vested rights of petitioner and the children is patent.