Case Summary (G.R. No. L-18707)
Key Dates
First marriage solemnized June 20, 1969
Second marriage solemnized November 10, 1992
Deceased’s death on November 23, 1992
Respondent’s collection suit filed December 14, 1993
Decision by the Supreme Court rendered February 2, 2001
Applicable Law
1987 Philippine Constitution
Civil Code of 1950 (in force at first marriage)
Family Code of 1987 (governs nullity and property regime)
Rules on government-employee “death benefits”
Facts
During his lifetime, SPO4 Cariño validly cohabited with Susan Nicdao from 1969 without obtaining a marriage license. In 1992, he married Susan Yee while still married to Susan Nicdao. Upon the officer’s death, Nicdao collected ₱146,000 in various death benefits; Yee obtained ₱21,000 from GSIS/SSS. Yee then sued Nicdao for half of the ₱146,000 on the ground that Nicdao’s marriage was void for lack of license.
Procedural History
The Regional Trial Court declared Nicdao in default and awarded Yee ₱73,000 plus attorney’s fees. The Court of Appeals affirmed. Nicdao petitioned for certiorari to the Supreme Court.
Issues
- Whether the first marriage, solemnized without a license, is void ab initio.
- Whether the second marriage is likewise void for absence of a prior judicial nullity decree under Family Code Article 40.
- Under what property‐regime rules the contested death benefits should be distributed.
Validity of the Marriages
Under Civil Code Article 53 and 80, a marriage requires a license; failure to secure one renders it void ab initio. The Local Civil Registrar’s certification of no license proves non-issuance. The first marriage is therefore void ab initio. Because Family Code Article 40 mandates a prior judicial declaration of nullity for a void marriage only for purposes of remarriage, but none was obtained, the second marriage is also void ab initio.
Property Regime Applicable to the Second (Bigamous) Union
Family Code Article 148 governs property in bigamous or otherwise void unions: only properties acquired by actual joint contribution belong in common. Death benefits earned solely by the officer, without joint contribution from Yee, are not co-owned by her. Yee has no share under Article 148 and is not a legal heir entitled by intestate succession.
Property Regime Applicable to the First (Void) Union
Family Code Article 147 applies to void marriages contracted in good faith: wages and salaries earned by either party during cohabitation are owned equally. The ₱146,000 in death benefi
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Facts of the Case
- Deceased SPO4 Santiago S. CariaO contracted two marriages:
- First on June 20, 1969 to Susan Nicdao CariaO (petitioner); had two children, Sahlee and Sandee.
- Second on November 10, 1992 to Susan Yee CariaO (respondent); no children despite cohabitation since 1982.
- In 1988, the deceased fell ill and became bedridden; he died on November 23, 1992 under the care of Susan Yee, who paid his medical and burial expenses.
- Both Susan Nicdao and Susan Yee filed for “death benefits” from government agencies:
- Susan Nicdao collected P146,000 from MBAI, PCCUI, commutation, NAPOLCOM, and Pag-ibig.
- Susan Yee received P21,000 from GSIS life and burial (GSIS and SSS).
Procedural History
- December 14, 1993: Susan Yee filed a collection suit against Susan Nicdao for half of the P146,000.
- Trial court declared petitioner in default for failure to answer and ruled Susan Nicdao to pay P73,000, plus P5,000 attorney’s fees and costs.
- Court of Appeals in CA-G.R. CV No. 51263 affirmed the RTC decision in toto.
- Petitioner filed a petition for review on certiorari before the Supreme Court to reverse the CA decision.
Respondent’s Allegations and Evidence
- Admitted her marriage was contracted during the subsistence of the first marriage and without a judicial declaration of nullity.
- Claimed lack of knowledge of the first marriage until the funeral.
- Contended the first marriage is void ab initio for lack of a marriage license.
- Submitted:
- Marriage certificate of petitioner and the deceased bearing no license number.
- Certification from the Local Civil Registrar of San Juan stating no record of a marriage license for the 1969 marriage.
Trial Court and Court of Appeals Rulings
- RTC (Branch 87, Q.C., Civil Cas