ASG Law

Category: Marriage and Annulment

  • Understanding Fraud in Marriage Annulment: The Role of Concealed Pregnancy in Philippine Law

    Key Takeaway: Concealed Pregnancy at Time of Marriage is Crucial for Annulment on Grounds of Fraud

    Republic of the Philippines v. Mel Via T. Villacorta, G.R. No. 249953, June 23, 2021

    Imagine discovering years into your marriage that your spouse concealed a significant secret that could have altered your decision to marry. This is the reality faced by Melvin Villacorta, whose case before the Philippine Supreme Court highlights the stringent requirements for annulling a marriage on the grounds of fraud. At the heart of this case is the question of whether the concealment of a child’s true paternity, not disclosed at the time of marriage, constitutes fraud under the Family Code of the Philippines.

    Melvin and Janufi Villacorta’s marriage was annulled by the Regional Trial Court based on Janufi’s alleged fraud in concealing that she was pregnant by another man before their marriage. However, the Supreme Court reversed this decision, emphasizing that the fraud must involve the concealment of pregnancy at the time of the marriage itself. This ruling underscores the importance of the timing of the concealment and the narrow scope of fraud under Philippine law.

    Legal Context: Understanding Fraud in Marriage Annulment

    In the Philippines, the concept of fraud as a ground for annulling a marriage is strictly defined by the Family Code. Article 45(3) of the Family Code states that a marriage may be annulled if the consent of either party was obtained by fraud. However, Article 46 further specifies the circumstances that constitute such fraud, including the concealment by the wife of the fact that she was pregnant by another man at the time of the marriage.

    Fraud in this context is not the general deceit one might assume; it is narrowly defined to protect the sanctity of marriage. The Supreme Court has consistently ruled that only specific instances of fraud, as enumerated in Article 46, can lead to annulment. For instance, non-disclosure of previous convictions, sexually transmissible diseases, or drug addiction at the time of marriage are also considered fraud under the law.

    Consider a scenario where a couple marries, and later, one spouse discovers that the other had a child from a previous relationship. If this child was born before the marriage, and the spouse was not pregnant at the time of the marriage, the non-disclosure of the child’s existence does not fall under the fraud that justifies annulment.

    Case Breakdown: The Journey of Melvin and Janufi Villacorta

    Melvin and Janufi met in college and dated until 2000 when they broke up. They reconciled in 2001 after Janufi denied rumors of dating someone else. In April of that year, Janufi revealed she was pregnant, which surprised Melvin as they had only recently reconciled. Despite his doubts, Janufi assured him of his paternity, and they continued their relationship.

    The couple lived together after Janufi gave birth to their daughter, Mejan Dia, in December 2001. They married in August 2004, and Janufi gave birth to their second child, Javen Mel, in October 2004. However, the issue of Mejan Dia’s paternity persisted, leading Melvin to conduct a DNA test in 2010, which revealed he was not the father.

    Following the DNA test results, Melvin filed for annulment, alleging fraud under Article 45(3) in relation to Article 46(2) of the Family Code. The Regional Trial Court granted the annulment, finding that Janufi’s concealment of her pregnancy by another man was fraudulent. The Republic appealed to the Court of Appeals, which dismissed the appeal due to procedural issues.

    The Supreme Court, however, focused on the substantive issue of fraud. It ruled that:

    “The essence of the fraud in this case is the non-disclosure of the present pregnancy of the wife… the pregnancy must exist at the time of the celebration of the marriage…”

    Since Janufi was not pregnant at the time of the marriage, her concealment did not meet the legal definition of fraud under Article 46(2). The Court further noted:

    “No other misrepresentation or deceit as to character, health, rank, fortune, or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.”

    This ruling highlights the procedural journey from the Regional Trial Court to the Supreme Court and the critical role of timing in determining fraud.

    Practical Implications: Navigating Marriage Annulment on Grounds of Fraud

    The Supreme Court’s decision in this case clarifies that the concealment of a pregnancy by another man at the time of marriage is essential for annulment on grounds of fraud. This ruling may influence future cases by reinforcing the strict interpretation of fraud under the Family Code.

    For individuals considering annulment, it is crucial to understand that only specific types of fraud are actionable. If you believe your marriage was entered into under fraudulent circumstances, consulting with a legal expert can help determine if your situation meets the legal criteria.

    Key Lessons:

    • Understand the specific grounds for annulment under the Family Code.
    • The timing of the fraud is critical; it must exist at the time of the marriage.
    • Seek legal advice to assess whether your case meets the legal definition of fraud.

    Frequently Asked Questions

    What constitutes fraud for marriage annulment in the Philippines?

    Fraud for annulment is strictly defined by Articles 45 and 46 of the Family Code. It includes non-disclosure of previous convictions, concealment of pregnancy by another man at the time of marriage, and concealment of sexually transmissible diseases or drug addiction.

    Can a marriage be annulled if the spouse concealed a child from a previous relationship?

    No, if the child was born before the marriage and the spouse was not pregnant at the time of the marriage, the non-disclosure does not constitute fraud under the Family Code.

    What should I do if I believe my marriage was entered into under fraudulent circumstances?

    Consult with a legal expert to determine if your situation meets the legal criteria for annulment based on fraud. They can guide you through the process and help gather necessary evidence.

    How does the timing of the fraud affect the annulment process?

    The fraud must exist at the time of the marriage. If the fraud occurred before or after the marriage, it does not meet the legal standard for annulment.

    Can the non-disclosure of paternity be considered fraud for annulment?

    Only if the wife was pregnant by another man at the time of the marriage and concealed this fact. Otherwise, non-disclosure of paternity alone is not grounds for annulment.

    ASG Law specializes in family law and annulment cases. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Void Marriages Under the Civil Code: When is a Judicial Decree of Nullity NOT Required?

    When is a Marriage Already Void? Understanding Void Ab Initio Marriages in the Philippines

    Void ab initio marriages are considered invalid from the very beginning, as if they never happened. But does this mean you can simply walk away from such a marriage and enter into another one without legal repercussions? This case clarifies that under the Civil Code, certain void marriages might not require a judicial decree of nullity, offering crucial insights into marital law before the Family Code.

    G.R. No. 127406, November 27, 2000: OFELIA P. TY, PETITIONER, VS. THE COURT OF APPEALS, AND EDGARDO M. REYES, RESPONDENTS.

    INTRODUCTION

    Imagine discovering years into your marriage that it might not be valid from the start. For many Filipinos, marriage is a sacred and legally binding union. However, Philippine law recognizes ‘void ab initio’ marriages – unions that are invalid from inception due to specific legal defects. This distinction is critical because it dictates the legal processes required to recognize the marriage’s invalidity, especially when considering remarriage. The Supreme Court case of Ty v. Reyes delves into this complex area, specifically addressing whether a judicial declaration is always necessary to recognize a void marriage, particularly those contracted before the Family Code took effect. At the heart of this case is the marriage of Ofelia Ty and Edgardo Reyes, and whether their union was valid despite Reyes’ prior marriage, which was later declared void. The central legal question: Under the Civil Code, is a judicial decree of nullity required for a void marriage before a party can validly remarry?

    LEGAL LANDSCAPE OF VOID MARRIAGES UNDER THE CIVIL CODE

    Before the Family Code of the Philippines came into effect in 1988, the Civil Code governed marriage laws. Article 83 of the Civil Code is particularly relevant to this case. It states:

    “Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless: (1) The first marriage was annulled or dissolved; or (2) The first spouse had been absent for seven consecutive years…”

    This article clearly outlines that a subsequent marriage is void if the first marriage is still subsisting. However, the Civil Code was not explicit on whether a judicial declaration was needed to confirm the nullity of a void marriage. This ambiguity led to conflicting jurisprudence over the years. Some Supreme Court decisions, like People v. Mendoza and People v. Aragon, suggested that no judicial decree was necessary for marriages void from the start. These cases argued that a void marriage is essentially non-existent in the eyes of the law. Conversely, cases like Gomez v. Lipana and Wiegel v. Sempio-Diy leaned towards requiring a judicial declaration, even for void marriages, to ensure legal certainty and prevent parties from unilaterally declaring their marriages void. This divergence created confusion and legal uncertainty, particularly for individuals seeking to remarry after a prior marriage that was potentially void ab initio.

    TY VS. REYES: A CASE OF TWO MARRIAGES AND A JUDICIAL BATTLE

    The story of Ty v. Reyes begins with Edgardo Reyes marrying Anna Maria Regina Villanueva in 1977. Interestingly, this marriage was later declared void ab initio due to the absence of a valid marriage license. However, prior to this declaration, in 1979, Edgardo married Ofelia Ty. When Edgardo sought to annul his marriage with Ofelia in 1991, he argued that it was void for two reasons: first, lack of a marriage license, and second, his prior subsisting marriage with Anna Maria at the time of his marriage to Ofelia. Ofelia, in her defense, presented a marriage license and argued that Edgardo’s marriage to Anna Maria was eventually declared void. The Regional Trial Court (RTC) sided with Edgardo, declaring his marriage to Ofelia void ab initio. The Court of Appeals (CA) affirmed the RTC’s decision, emphasizing the need for a judicial declaration of nullity of the first marriage before contracting a subsequent one, citing the precedent of Terre v. Terre. Ofelia Ty then elevated the case to the Supreme Court, arguing that a judicial decree was not necessary for her marriage to be valid, especially since Edgardo’s first marriage was ultimately declared void. The Supreme Court faced the crucial question: Was the Court of Appeals correct in requiring a judicial decree of nullity for Edgardo’s first marriage before his marriage to Ofelia could be considered valid under the Civil Code regime?

    The Supreme Court meticulously reviewed the conflicting jurisprudence under the Civil Code. Justice Quisumbing, writing for the Second Division, highlighted the legal timeline:

    • 1977: Edgardo marries Anna Maria (first marriage).
    • 1979: Edgardo marries Ofelia (second marriage).
    • 1980: Edgardo’s first marriage to Anna Maria is declared void ab initio.
    • 1991: Edgardo files for nullity of his marriage to Ofelia.

    The Court pointed out that at the time of Edgardo and Ofelia’s marriage in 1979, the prevailing jurisprudence, as seen in Odayat v. Amante, Mendoza, and Aragon, was that no judicial decree was needed to establish the invalidity of a void marriage. The Supreme Court quoted its earlier rulings, emphasizing the shift in legal interpretation over time. The Court stated:

    “At that time, the prevailing rule was 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.”

    Furthermore, the Court reasoned against retroactively applying the Family Code, which explicitly requires a judicial declaration, as it would prejudice Ofelia’s vested rights. The Supreme Court also addressed the church wedding of Ofelia and Edgardo in 1982, which used the same marriage license as their civil wedding. The Court recognized this church ceremony as a ratification and fortification of their civil marriage, further solidifying the validity of their union. Ultimately, the Supreme Court reversed the Court of Appeals’ decision, declaring the marriage of Ofelia and Edgardo valid and subsisting.

    PRACTICAL TAKEAWAYS: NAVIGATING MARRIAGE VALIDITY BEFORE THE FAMILY CODE

    The Ty v. Reyes case provides critical guidance for individuals whose marriages were contracted under the Civil Code and are potentially void due to a prior marriage. The Supreme Court’s decision reinforces that under the Civil Code regime, not all void marriages necessitate a judicial declaration of nullity, especially when a prior marriage is itself void ab initio. This ruling is particularly relevant for marriages that occurred before the Family Code took effect on August 3, 1988. For those in similar situations, understanding the nuances of Civil Code jurisprudence is crucial. While the Family Code now mandates a judicial declaration for remarriage purposes, Ty v. Reyes clarifies that under the old law, certain void marriages could be recognized as such without court intervention. However, it is essential to note that the legal landscape shifted with the Family Code. For marriages under the Family Code, Article 40 explicitly requires a judicial declaration of nullity of a previous marriage to remarry validly. Despite winning the case, Ofelia Ty was not awarded moral or exemplary damages. The Court reasoned that seeking damages while simultaneously affirming the validity of the marriage created a legal incongruity, as damages would likely come from conjugal funds. This highlights the Court’s nuanced approach, balancing legal principles with practical realities within marital disputes.

    KEY LESSONS FROM TY VS. REYES:

    • Civil Code vs. Family Code: The need for a judicial declaration of nullity for void marriages differs significantly between the Civil Code and the Family Code.
    • Pre-Family Code Marriages: For marriages before August 3, 1988, a judicial decree of nullity may not always be required for marriages void ab initio, depending on the specific grounds for nullity and prevailing jurisprudence at the time of the marriage.
    • Judicial Declaration Now Required: Under the Family Code (effective August 3, 1988), a judicial declaration of nullity is generally necessary to remarry, even if a prior marriage is void.
    • Seek Legal Advice: Given the complexities and nuances of marital law, especially concerning marriages contracted before the Family Code, seeking legal advice is paramount to determine the validity of a marriage and the proper legal steps for remarriage.

    FREQUENTLY ASKED QUESTIONS (FAQs)

    Q1: What is a void ab initio marriage?

    A: A void ab initio marriage is considered invalid from the moment it was solemnized. It’s as if the marriage never legally existed due to the absence of essential requisites like a valid marriage license or consent.

    Q2: Under the Civil Code, did I always need a court to declare my void marriage as null before remarrying?

    A: Not always. According to cases like Ty v. Reyes, and earlier rulings under the Civil Code, some void marriages, particularly those void from the beginning (void ab initio), did not require a judicial declaration of nullity, especially if the subsequent marriage occurred before the Family Code took effect.

    Q3: Does the Family Code require a judicial declaration for all void marriages before remarriage?

    A: Yes. Article 40 of the Family Code explicitly requires a final judgment declaring a previous marriage void before someone can remarry. This was intended to resolve the confusion under the Civil Code.

    Q4: What happens if I remarried before getting a judicial declaration of nullity for a void marriage under the Family Code?

    A: Your second marriage could be considered bigamous and therefore void. It’s crucial to obtain a judicial declaration of nullity before remarrying under the Family Code regime.

    Q5: Is a marriage without a marriage license automatically void?

    A: Yes, lack of a valid marriage license is a ground for void ab initio marriage under both the Civil Code and the Family Code.

    Q6: If my marriage is void, am I automatically free to remarry now?

    A: Not necessarily. While under the Civil Code, for certain void marriages, you might have been, the safer and current legal practice, especially under the Family Code, is to secure a judicial declaration of nullity to avoid any legal complications in a subsequent marriage.

    Q7: Does Ty v. Reyes mean I don’t need to worry about judicial declarations if my marriage was before 1988?

    A: Not exactly. Ty v. Reyes clarifies the legal stance under the Civil Code, but each case is unique. It’s best to consult with a lawyer to assess your specific situation, especially if you are considering remarriage.

    Q8: What is the best course of action if I’m unsure about the validity of my marriage contracted before 1988?

    A: Consult with a lawyer specializing in Family Law. They can review the circumstances of your marriage, advise you on its validity, and guide you on the necessary legal steps, which might include seeking a judicial declaration for clarity and legal security, especially if remarriage is contemplated.

    ASG Law specializes in Family Law and Marital Disputes. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Bigamy in the Philippines: Why You Need a Court Declaration Even for Void Marriages

    Second Marriage, First Crime: Why Declaring Your First Marriage Void in Court Matters

    Thinking of remarrying after a previous marriage that you believe was invalid from the start? Think again. Philippine law mandates a crucial step: obtaining a judicial declaration that your first marriage is void, even if it was inherently invalid. Skipping this step and proceeding with a second marriage can land you in serious trouble – specifically, facing bigamy charges. This Supreme Court case clarifies why getting that court declaration beforehand is not just a formality, but a legal necessity to avoid criminal prosecution.

    G.R. No. 137110, August 01, 2000: Vincent Paul G. Mercado A.K.A. Vincent G. Mercado vs. Consuelo Tan

    INTRODUCTION

    Imagine falling in love again after a previous marriage that was deeply flawed, perhaps even void from the beginning. You believe you’re free to marry, but Philippine law throws a curveball. Vincent Mercado found himself in this predicament, believing his first marriage was void, and marrying Consuelo Tan without formally nullifying the first union in court. This decision by the Supreme Court in Vincent Paul G. Mercado v. Consuelo Tan serves as a stark reminder: in the Philippines, even if your first marriage is void, you must secure a judicial declaration of its nullity before entering into a second marriage, or risk being charged with bigamy. The case highlights the critical importance of proper legal procedures in marital matters, especially when remarriage is involved. The central legal question: Can a person be convicted of bigamy for a second marriage if their first marriage was void ab initio but not yet judicially declared as such at the time of the second marriage?

    LEGAL CONTEXT: BIGAMY AND VOID MARRIAGES IN THE PHILIPPINES

    Bigamy, as defined under Article 349 of the Revised Penal Code, is committed when a person contracts a second or subsequent marriage before the first marriage has been legally dissolved. The law states:

    “The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.”

    For a bigamy charge to stand, four elements must be present:

    1. The offender is legally married.
    2. The first marriage has not been legally dissolved.
    3. The offender contracts a second or subsequent marriage.
    4. The second marriage has all the essential requisites for validity.

    Philippine law recognizes different types of marriages, including valid, voidable, and void ab initio (void from the beginning) marriages. Void ab initio marriages are considered as if they never happened due to certain defects present at the time of the marriage, such as lack of consent or being incestuous. Article 35, 36, 37, 38 and 53 of the Family Code enumerate grounds for void marriages. However, the Family Code, specifically Article 40, introduces a procedural requirement even for void marriages when remarriage is contemplated:

    “ART. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.”

    This provision was a game-changer. Prior to the Family Code, some jurisprudence suggested that a judicial declaration wasn’t necessary for void marriages, especially in criminal cases like bigamy. However, Article 40 and subsequent Supreme Court decisions aimed to clarify and standardize the process, emphasizing the need for a court declaration to ensure legal certainty and order in marital relationships. The legal landscape before Mercado v. Tan was marked by conflicting jurisprudence, with cases like People v. Mendoza and People v. Aragon suggesting no need for judicial declaration for void marriages in bigamy cases, contrasted by cases like Vda de Consuegra v. GSIS and Wiegel v. Sempio-Diy highlighting the need for such declaration, at least in civil contexts. Domingo v. CA further solidified the necessity of judicial declaration under the Family Code, bridging the gap between civil and criminal implications.

    CASE BREAKDOWN: MERCADO’S MARRIAGE MUDDLE

    Vincent Mercado was already married to Ma. Thelma Oliva in 1976. Despite this existing marriage, Vincent married Ma. Consuelo Tan in 1991. Crucially, at the time of his marriage to Consuelo, Vincent had not obtained any judicial declaration that his first marriage to Thelma was void. Consuelo later discovered Vincent’s prior marriage and filed a bigamy case against him. Interestingly, after the bigamy case was filed, Vincent initiated a separate civil action to have his first marriage to Thelma declared void ab initio under Article 36 of the Family Code (psychological incapacity). The Regional Trial Court (RTC) convicted Vincent of bigamy. The Court of Appeals (CA) affirmed this conviction, emphasizing that at the time of the second marriage, the first marriage was still legally subsisting as there was no judicial declaration of nullity yet.

    The Supreme Court, in affirming the lower courts’ decisions, meticulously traced the evolution of jurisprudence on this matter. The Court acknowledged the previous “conflicting” rulings but firmly stated that Article 40 of the Family Code, coupled with the ruling in Domingo v. CA, settled the issue. Justice Panganiban, writing for the Court, quoted:

    “A declaration of the absolute nullity of a marriage is now explicitly required either as a cause of action or a ground for defense; in fact, the requirement for a declaration of absolute nullity of a marriage is also for the protection of the spouse who, believing that his or her marriage is illegal and void, marries again. With the judicial declaration of the nullity of his or her first marriage, the person who marries again cannot be charged with bigamy.”

    The Supreme Court emphasized that even if Vincent’s first marriage was indeed void ab initio (a point the Court did not definitively rule on in this bigamy case), this void nature was not an automatic defense against bigamy. The critical moment was the date of the second marriage. At that time, no court had declared the first marriage void. Therefore, from the perspective of the law, the first marriage was still considered valid and existing. The Court reasoned that allowing a void ab initio argument without prior judicial declaration would create chaos and encourage individuals to bypass legal procedures. As the Court highlighted:

    “To repeat, the crime had already been consummated by then. Moreover, his view effectively encourages delay in the prosecution of bigamy cases; an accused could simply file a petition to declare his previous marriage void and invoke the pendency of that action as a prejudicial question in the criminal case. We cannot allow that.”

    Ultimately, the Supreme Court upheld Vincent Mercado’s conviction for bigamy, reinforcing the principle that a judicial declaration of nullity is a prerequisite for remarriage, even when a prior marriage is claimed to be void ab initio.

    PRACTICAL IMPLICATIONS: PROTECT YOURSELF FROM BIGAMY CHARGES

    The Mercado v. Tan case provides clear and crucial guidance for anyone considering remarriage after a previous marital union in the Philippines. It dispels any notion that simply believing your first marriage was void is enough to legally justify a second marriage. This ruling has significant practical implications:

    • Judicial Declaration is Mandatory: Regardless of whether you believe your previous marriage was void ab initio (e.g., due to lack of consent, psychological incapacity, etc.), you must obtain a judicial declaration of nullity from a Philippine court before entering into a subsequent marriage.
    • Timing is Everything: The judicial declaration must precede the second marriage. Obtaining a declaration after contracting a second marriage does not retroactively absolve you of bigamy.
    • No Self-Determination of Nullity: You cannot unilaterally declare your marriage void and act on that assumption. The determination of nullity is the court’s prerogative.
    • Protection Against Bigamy: Securing a judicial declaration is not just a procedural hoop; it’s your legal shield against potential bigamy charges if you remarry.

    Key Lessons from Mercado v. Tan:

    • Get a Court Order First: Before remarrying, always secure a judicial declaration of nullity for any prior marriage, even if you believe it was void.
    • Timing Matters in Bigamy: The crucial point is whether a judicial declaration existed *before* the second marriage was celebrated.
    • Don’t Assume, Consult a Lawyer: Do not assume your marriage is void and proceed with remarriage. Seek legal advice and initiate court proceedings to obtain a declaration of nullity.

    FREQUENTLY ASKED QUESTIONS (FAQs)

    Q: What is bigamy in the Philippines?

    A: Bigamy is the act of contracting a second marriage while still legally married to another person. It is a crime punishable under Article 349 of the Revised Penal Code.

    Q: What does “void ab initio” marriage mean?

    A: “Void ab initio” means void from the beginning. A void ab initio marriage is considered never to have legally existed due to inherent defects at the time of its celebration, such as lack of consent, incestuous relationships, or psychological incapacity as provided under Article 36 of the Family Code.

    Q: If my first marriage was void from the start, why do I need a court declaration to remarry?

    A: Philippine law, specifically Article 40 of the Family Code and clarified by Supreme Court jurisprudence like Mercado v. Tan, requires a judicial declaration of nullity even for void ab initio marriages for the purpose of remarriage. This is to ensure legal certainty and prevent individuals from unilaterally deciding their marriage is void and remarrying, which could lead to bigamy charges.

    Q: What happens if I remarry without a judicial declaration of nullity for my first (void) marriage?

    A: You risk being charged with bigamy, even if your first marriage was indeed void ab initio. As Mercado v. Tan illustrates, the lack of a prior judicial declaration at the time of the second marriage is the determining factor for a bigamy charge.

    Q: Is obtaining a judicial declaration of nullity the same as annulment?

    A: No. Annulment applies to voidable marriages, which are valid until annulled by a court. A judicial declaration of nullity, on the other hand, confirms that a marriage was void from the beginning. While both require court proceedings, they address different types of marital invalidity.

    Q: What should I do if I want to remarry and I’m unsure about the validity of my previous marriage?

    A: Consult with a lawyer immediately. A lawyer can assess your situation, advise you on the validity of your previous marriage, and guide you through the process of obtaining a judicial declaration of nullity if necessary, ensuring you avoid legal complications like bigamy.

    Q: Does this ruling mean that even if my first marriage was obviously invalid (like if I married my sibling unknowingly) I still need to go to court before remarrying?

    A: Yes, according to the current interpretation of Philippine law as clarified in cases like Mercado v. Tan and Domingo v. CA. Even in cases where the marriage is patently void, the safest and legally compliant course of action is to obtain a judicial declaration of nullity before remarrying to avoid any risk of bigamy charges.

    ASG Law specializes in Family Law and Criminal Defense, particularly in complex marital issues like annulment, declaration of nullity, and bigamy cases. Contact us or email hello@asglawpartners.com to schedule a consultation and ensure your marital matters are handled with expertise and care.