SSSVJarque

AlfredBenedictT.SanAndres Law100PaFR GroupB1

FACTS:
Clemente Bailon and Alice Diaz were married on April 1955. On October 1970, Bailon filed a petition
to declare Alice presumptively dead which was granted by the court. On August 1983, Bailon married
Teresita Jarque. Bailon died on January 1998. Jarque then filed to claim funeral benefits from the SSS
BailonwasamemberoftheSSS.

Cecilia Yap, who claimed to be the daughter of Bailon and a certain Elisa Jayona, contested the release
of the funeral benefits. She said that Bailon contracted 3 marriages in his lifetime.To support their claim,
Cecilia submitted an affidavit saying that Bailon and Elisa cohabited as husband and wife since 1958 and
that they knew that Alice, the first wife, was alive. They Cecilia also claims that her family has been
payingforthefuneralexpenses.TheyalsowanttheSSSbenefits.

Hermes Diaz, who claimed to be Alices brother, filed to claim the benefits as well. He supported the
statementthatNorma,oneofCeciliassisters,paidforthefuneralexpenses.

Alice Diaz later filed an affidavit saying that she was Bailons widow. SSC found marriage of Bailon to
the respondent (Teresits Jarque) void Bailons declaration of presumptive death was earned through
fraudsincehewasallegedtoknowwhereAlicelived.

ISSUES/HELD
WoNTeresitasmarriagetoBailonisvoid.NO

RATIONALE

Both marriages were solemnized before the effectivity of the family code, as such, the applicable law is
thecivilcode.

Art83ofCCprovidesthat:
A subsequent marriage contracted during the lifetime of a first marriage is void ab initio unless the prior
marriage is annulled or dissolved, the first spouse has been absent for 7 consecutive years, or less than 7
years but is considered dead by the spouse present. The marriage contracted will then be valid until
declaredvoidbyacompetentcourt.

Subsequent marriages under the civil code are VOIDABLE. Hence, they are only assailable in a direct
proceeding, when both parties concerned are alive. In this case, Clemente Bailon is already dead. As
such,hismarriagetoTeresitawasmadegoodabinitio.

Petitiondenied.