Cario vs Cario

GR No. 132529 FACTS: SPO4 Santiago Cario married petitioner Susan Nicdao on June 20, 1969, with whom he had two children, Sahlee and Sandee. On November 10, 1982, SPO4 Cario also married respondent Susan Yee. In 1988, SPO4 Cario became bedridden due to diabetes and tuberculosis, and died on November 23, 1992, under the care of Susan Yee who spent for his medical and burial expenses. Both Susans filed claims for monetary benefits and financial assistance from various government agencies pertaining to the deceased. Nicdao was able to collect P146,000 from MBAI, PCCVI, commutation, NAPOLCOM and Pag-ibig, while Yee received a total of P21,000 from GSIS burial and SSS burial insurance. On December 14, 1993, Yee filed for collection of money against Nicdao, praying that Nicdao be ordered to return to her at least one-half of the P146,000 NIcdao had collected. For failing to file her answer, Nicdao was declared in default. Yee admitted that her marriage to the deceased took place during the subsistence of and without first obtaining a judicial declaration of nullity of the marriage between Nicdao and Cario. But she claimed good faith, having no knowledge of the previous marriage until at the funeral where she met Nicdao who introduced herself as the wife of the deceased. Yee submitted that Carios marriage to Nicdao was void because it was solemnized without the required marriage license. ISSUE: Whether or not the absolute nullity of marriage may be invoked to claim presumptive legitimes. HELD: The marriage between Nicdao and SPO4 is null and void due the absence of a valid marriage license. The marriage between Yee and SPO4 is likewise null and void for the same has been solemnized without the judicial declaration of the nullity of the marriage between Nicdao and SPO4. Under Article 40 of the FC, 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. Meaning, where the absolute nullity of a previous marriage is sought to be invoked for purposes of contracting a second marriage, the sole basis acceptable in law, for said projected marriage to be free from legal infirmity, is a final judgment declaring the previous marriage void. The SC ruled that Yee has no right to the benefits earned by SPO4 as a policeman for their marriage is void due to bigamy; she is only entitled to properties, money etc owned by them in common in proportion to their respective contributions. Wages and salaries earned by each party shall belong to him or her exclusively (Art. 148 of FC). Nicdao is entitled to the full benefits earned by SPO4 as a cop even if their marriage is likewise void. This is because the two were capacitated to marry each other for there were no impediments but their marriage was void due to the lack of a marriage license; in their situation, their property relations is governed by Art 147 of the FC.