Montanez vs.

Cipriano (GR 181089, Oct 22, 2012)

FACTS:

Lourdes Cipriano contracted two marriages in her lifetime:

1. To Socrates Flores in April 8, 1976

2. To Silverio Cipriano January 24, 1983

In 2001, she filed a petition for annulment of marriage to Socrates on the grounds of
psychological incapacity. In 2003, the court declared her marriage to Socrates null and void.

May 14, 2004, Merlinda Montaez (Silverio Ciprianos daughter from 1st marriage) filed a
complaint for bigamy against Lourdes. She alleged that Lourdes failed to reveal that she was
still married to Socrates during marriage to Silverio. Lourdes claims that since her marriage to
Socrates was declared void ab initio then there was no more marriage to speak of during her
marriage in 1983.

ISSUE: W/N the second marriage to Silverio is valid

No. Even though the 1st marriage with Socrates was declared null and void ab initio, the said
marriage was still subsisting when she married Silverio. The judicial declaration of the 1st
marriages nullity came after the 2nd marriage was contracted.

- Family Code 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.

Even though both marriages were contracted before the Family Code came into force and effect,
Article 40 must retroact because it is a rule of procedure, and no rights may attach to procedural
rules.