Case Summary (G.R. No. 39871)
Jurisdiction and Validity of Divorce Decree
- The decree of absolute divorce granted in 1904 did not dissolve the marriage bond but only separated the spouses from bed and board.
- The court lacked jurisdiction to grant an absolute divorce, as it was not sanctioned by the law in force at that time.
- The lack of jurisdiction renders the judgment void and subject to collateral attack, meaning it cannot be validated by the parties' consent.
Separation of Property and Conjugal Partnership
- The separation of property was not decreed alongside the separation from bed and board, thus it did not occur, and the conjugal partnership remained intact.
- The court's jurisdiction was limited to relative divorce, which does not include the dissolution of the marriage bond.
Validity of Second Marriage
- Benito Marcelo's second marriage to Antonina Jason, contracted during the lifetime of Emilia Francisco, is deemed illegal and void due to the existence of the first marriage.
- The marriage is void from the beginning unless the first marriage has been annulled or dissolved.
Civil Effects of the Void Marriage
- Article 69 of the Civil Code states that a marriage contracted in good faith produces civil effects, even if declared void.
- Good faith is presumed unless proven otherwise, and the burden of proof lies on the party contesting the good faith.
- The marriage between Benito Marcelo and Antonina Jason was celebrated with the required formalities, and both parties believed the first marriage was dissolved.
Property Rights and Conjugal Partnership
- The marriage between Benito Marcelo and Antonina Jason produced civil effects, including the formation of a conjugal partnership and legitimacy of children born during the marriage.
- All property acquired during the second marriage belongs to the conjugal partnership, as per Article 1401 of the Civil Code.
Effects of Absolute Divorce on Conjugal Partnership
- The decree of absolute divorce does not automatically result in the separation of property or dissolution of the conjugal partnership.
- A judicial decree is necessary to effectuate the separation of property.
- The conjugal partnership from the first marriage continued until Benito Marcelo's death, entitling Emilia Fr...continue reading