Ninal vs. Bayadog

Facts:

Petitioners are four children and heirs of Pepito G. Ninal; Norma Bayadog is the respondent alleged to have contracted a subsequent marriage with Pepito. Pepito was married to Teodulfa Bellones on September 26, 1974; Teodulfa was fatally shot by Pepito on April 24, 1985. On December 11, 1986, Pepito and Norma were married without obtaining a marriage license but executed an affidavit stating they had lived together as husband and wife for at least five years. Pepito died on February 19, 1997.

After Pepito’s death petitioners filed a petition in the Regional Trial Court (RTC), Toledo City, Branch 59 (Civil Case No. T‑639), seeking a declaration that Pepito’s marriage to Norma was void for lack of a marriage license so as to affect succession. Norma moved to dismiss, contending petitioners lacked cause of action because Article 47 of the Family Code limits who may file for annulment. The RTC (Judge Ferdinand J. Marcos) granted the motion and dismissed the petition, applying by analogy Article 47 and reasoning that petitioners should have sought annulment during Pepito’s lifetime.

Petitioners elevated the matter to the Supreme Court by a petition for review (grounded on pure questions of law). The petition was initially dismissed by the Court for verification defects under Section 11, Rule 13, but was later reinstated on petitioners’ motion. The Court considered whether (a) the later marriage was void for lack of a license...(Pro-only)

Issues:

• May the heirs of a deceased person file a petition for the declaration of nullity of his marriage after his death?
• Was the marriage between Pepito and Norma void ab initio for absence of a marriage license, or did it fall within the Article 76 five‑year cohab...(Pro-only)

Ruling:

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Ratio:

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Doctrine:

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