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    Professor Solomon Lumba: Persons and Family Relations - Law 100

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    Nikita Bayot
    The Supreme Court upheld the rulings of the lower courts that the second marriage of Senator Tamano to Estrellita was void ab initio due to bigamy. [1] Estrellita claimed the courts did not have jurisdiction and that she was denied due process, but the Supreme Court found her arguments lacked merit. [2] The Court also affirmed that Senator Tamano's first wife, Zorayda, had legal standing to file the case since bigamous marriages injure the first spouse. [3] Therefore, the petition of Estrellita to validate her marriage was denied.

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    Professor Solomon Lumba: Persons and Family Relations - Law 100

    Uploaded by

    Nikita Bayot
    32 views2 pages
    The Supreme Court upheld the rulings of the lower courts that the second marriage of Senator Tamano to Estrellita was void ab initio due to bigamy. [1] Estrellita claimed the courts did not have jurisdiction and that she was denied due process, but the Supreme Court found her arguments lacked merit. [2] The Court also affirmed that Senator Tamano's first wife, Zorayda, had legal standing to file the case since bigamous marriages injure the first spouse. [3] Therefore, the petition of Estrellita to validate her marriage was denied.

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    Void marriages

    Original Title

    Llave v Republic

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    The Supreme Court upheld the rulings of the lower courts that the second marriage of Senator Tamano to Estrellita was void ab initio due to bigamy. [1] Estrellita claimed the courts did not have jurisdiction and that she was denied due process, but the Supreme Court found her arguments lacked merit. [2] The Court also affirmed that Senator Tamano's first wife, Zorayda, had legal standing to file the case since bigamous marriages injure the first spouse. [3] Therefore, the petition of Estrellita to validate her marriage was denied.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    32 views2 pages

    Professor Solomon Lumba: Persons and Family Relations - Law 100

    Uploaded by

    Nikita Bayot
    The Supreme Court upheld the rulings of the lower courts that the second marriage of Senator Tamano to Estrellita was void ab initio due to bigamy. [1] Estrellita claimed the courts did not have jurisdiction and that she was denied due process, but the Supreme Court found her arguments lacked merit. [2] The Court also affirmed that Senator Tamano's first wife, Zorayda, had legal standing to file the case since bigamous marriages injure the first spouse. [3] Therefore, the petition of Estrellita to validate her marriage was denied.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
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    UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

    Persons and Family Relations Law 100


    Professor Solomon Lumba

    Juliano-Llave vs. Republic


    GR NO. 169766

    FACTS:

    Around 11 months before his death, Sen. Tamano married Estrellita twice under the Islamic laws and
    tradition and, subsequently, under a civil ceremony officiated by an RTC Judge at Malabang, Lanao del Sur
    on June 2, 1993. In their marriage contracts, Sen. Tamanos civil status was indicated as divorced.
    Complaint was filed by Haja Putri Zorayda A. Tamano (Zorayda) and her son Adib Ahmad A. Tamano (Adib)
    with the RTC of Quezon City for the declaration of nullity of marriage between Estrellita and Sen. Tamano
    for being bigamous.
    The first wife claimed that her marriage with Tamana was celebrated under the Civil Code and is therefore
    governed by the said law and the second marriage Tamano acquired is void ab initio because he contracted
    the second marriage while his first marriage was still subsisting. And that his declared status as divorced
    has no legal basis because the deceased never divorced his first wife and could not have done so because
    divorce is not allowed under the New Civil Code.
    Moreover, the deceased could not have divorced the first wife under PD 1083 or the Code of Muslim
    Personal Laws because his first marriage was not contracted under PD 1083 because the first wife did not
    register her mutual desire to be covered by the said law.
    Estrellita (second wife) instead of filing a reply to the complaint, filed motion to dismiss where she declared
    that Sen. Tamano and Zorayda are both Muslims who were married under the Muslim rites. Estrellita argued
    that the RTC has no jurisdiction to take cognizance of the case because PD No. 1083, or the Code of
    Muslim Personal Laws of the Philippine, questions and issues involving Muslim marriages and divorce fall
    under the exclusive jurisdiction of sharia courts.
    RTC denied motion -> second wife filed for certiorari with the SC -> SC referred case to the CA.
    o RTC Ruling: Second marriage is void ab initio for being bigamous because the deceaseds first
    marriage was still subsisiting.
    o CA Ruling:
    Procedural: Estrellita argued that she was denied her right to be heard as the RTC
    rendered its judgment even without waiting for the finality of the Decision of the Supreme
    Court in G.R. No. 126603. She claimed that the RTC should have required her to file her
    answer after the denial of her motion to dismiss.
    CA held that Estrellita can no longer be allowed to file her answer as she was given
    ample opportunity to be heard but simply ignored it by asking for numerous
    postponements. She never filed her answer despite the lapse of around 60 days, a period
    longer than what was prescribed by the rules. It also ruled that Estrellita cannot rely on her
    pending petition for certiorari with the higher courts since, as an independent and original
    action, it does not interrupt the proceedings in the trial court.
    Substantive: CA adjudged that the deceaseds second marriage is void ab initio for being
    bigamous, reasoning that the first marriage is governed by the Civil Code, which does not
    provide for an absolute divorce. It noted that their first nuptial celebration was under civil
    rites, while the subsequent Muslim celebration was only ceremonial. The first wife then,
    according to the CA, had the legal standing to file the action as she is the wife of the
    deceased and, hence, the injured party in the senators subsequent bigamous marriage
    with the petitioner.

    ISSUE/S:

    Procedural:

    1. W/N Petitioner was denied of due process.


    UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW
    Persons and Family Relations Law 100
    Professor Solomon Lumba

    Substantive

    2. W/N the marriage between Estrellita and the late Sen. Tamano was bigamous
    3. W/N Zorayda and Adib have the legal standing to have Estrellitas marriage declared void ab initio.

    HELD/RATIO:

    1. NO. Rule 65 of the Rules of Court states that "[t]he petition shall not interrupt the course of the principal case
    unless a temporary restraining order or a writ of preliminary injunction has been issued against the public
    respondent from further proceeding in the case."
    2. YES. the CA adjudged the second marriage is void ab initio for being bigamous, reasoning that the first
    marriage between the deceased and the respondent is governed by the Civil Code, which does not provide
    for an absolute divorce. And it also noted that their first nuptial celebration was under civil rites, while the
    subsequent Muslim celebration was only ceremonial. Zorayda then, according to the CA, had the legal
    standing to file the action as she is Sen. Tamanos wife and, hence, the injured party in the senators
    subsequent bigamous marriage with Estrellita.

    PD 1083 cannot benefit Estrellita. Firstly, Article 13(1) thereof provides that the law applies to "marriage and
    divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is
    solemnized in accordance with Muslim law or this Code in any part of the Philippines." But we already ruled
    in G.R. No. 126603 that "Article 13 of PD 1083 does not provide for a situation where the parties were
    married both in civil and Muslim rites." Moreover, the Muslim Code took effect only on February 4, 1977, and
    this law cannot retroactively override the Civil Code which already bestowed certain rights on the
    marriage of Sen. Tamano and Zorayda. The former explicitly provided for the prospective application of its
    provisions unless otherwise provided.

    3. YES. Under A.M. No. 02-11-10-SC, "Only an aggrieved or injured spouse may file petitions for annulment of
    voidable marriages and declaration of absolute nullity of void marriages." This refers to the "aggrieved or
    injured spouse," as in bigamy cases. If Estrellitas interpretation is employed, the prior spouse is unjustly
    precluded from filing an action.

    FIRST MARRIAGE VALID

    SECOND MARRIAGE VOID AB INITIO due to BIGAMY

    PETITION DENIED.

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