G.R. No. 104818 - Domingo vs. Court of Appeals

On May 29, 1991, Delia Soledad A. Domingo filed Special Proceedings No. 1989-J in the RTC of Pasig for (a) declaration of nullity of marriage and (b) separation of property against her husband, Roberto Domingo.
She alleged that:

They were married on November 29, 1976, but Roberto had a prior subsisting marriage (April 25, 1969) with Emerlina dela Paz, rendering the 1976 union void ab initio.
Since 1979 she worked in Saudi Arabia and supported Roberto, acquiring properties worth ~P350,000.00 in her name; Roberto later cohabited with another woman and disposed of her assets without consent.
She appointed her brother Moises R. Avera as attorney-in-fact to manage her properties, but Roberto refused to turn them over, prompting the petition.

Prayers: issuance of TRO/preliminary injunction, declaration of nullity of marriage, and declaration of Delia as sole owner of the properties with management by her attorney-in-fact.

Roberto moved to dismiss for lack of cause, arguing a void marriage needs no judicial decree and Delia had no possessory rights; the RTC denied the motion (Aug. 20, 1991) and likewise denied reconsideration (Sept. 11, 1991).
Instead of answering, Roberto filed certiorari and mandamus in the Court of Appeals, which dismissed his petition (Feb. 7, 1992), holding that nullity and property separation are proper in one proceeding under Articles 48, 50, 52 of the Family Code.
Roberto’s motion for reconsideration before the CA was denied (Mar. 20, 1992), leading to his petition to the Supreme Court.

Whether a judicial declaration of absolute nullity is necessary for a void marriage, and if so, whether it is required only for purposes of remarriage.
Whether the petition for declaration of nullity of marriage combined with separation of property is the proper remedy to recover properties acquired during the void marriage.