Anaban v. Anaban

16 6.
Petitioners argued that they are legitimate children since Pedrito’s

Anaban v Anaban marriage with Virginia was created and dissolved in accordance with
March 15, 2021 | GR No. 249011 | Presumption and Applicability of Custom Ibaloi customs. Furthermore, Pedrito married their mother Pepang
| Lazaro-Javier, J. similarly according to the same customs. Therefore, since the
celebration of marriage pursuant to customs was recognized under
Petitioners: Cristita Anaban, Crispina Anaban, Pureza Anaban, the old Civil Code, its dissolution according to the same must also be
Cresencia Anaban-Walang, and Rosita Anaban-Baristo recognized.
Respondents: Betty Anaban-Alfiler, Mercedes Anaban, and Marcelo 7. MCTC: First marriage was validly dissolved and second marriage
Anaban was validly entered into. Thus, Petitioners are legitimate children.
8. RTC: Declared the second marriage as bigamous.
RELEVANT DOCTRINE: Customs which are contrary to law, public 9. CA: Art. 78 of the old Civil Code was unequivocal in that it only
policy, public order cannot be recognized or made valid under the law. referred to the celebration of marriage. It did not include divorce.
ISSUE: W/N the dissolution of the marriage in accordance to tribal customs

FACTS:
is recognized and valid?
1. Pedrito Anaban and Virginia Erasmo got married in accordance with
the native customs of the Ibaloi Tribe. They had three children,
HELD: NO. To note, all the lower courts decided the validity of the divorce
which are Betty, Mercedes, and Marcelo (Respondents).
based on the old Civil Code. However, when Pedrito and Virginia got
2. Five years after their marriage, the council elders noticed Virginia’s
married and when they got divorced, the old Civil Code as not yet in effect.
insanity; hence, they approved the couple’s divorce and allowed
The law in effect was still the Spanish Civil Code of 1889, Art. 5 of which
Pedrito to remarry.
states that “laws are abrogated only by other subsequent laws, and the disuse
3. Pedrito then married to his fellow Ibaloi, Pepang, in accordance with
or any custom or practice to the contrary shall not prevail against their
their native customs. They had eight children, which are Lardi,
observance.”
Teodoro, Monina, and the parties to this case – Cristita, Crispina,
Pureza, Crescencia, and Rosita (Petitioners).
The said article is the equivalent of Art. 11 of the old Civil Code, which
4. Upon Pedrito’s death, the Respondents sued for summary settlement
states that customs contrary to law, public order, or public policy shall not be
or judicial partition of the deceased’s estate wherein they named as
countenanced. In 1947, Act. No 2710 was in force which allowed divorce on
respondents their half-siblings (Cristita et. al.).
ground of concubinage and adultery. This was the law when Pedrito and
5. Respondents averred that during Pedrito’s marriage with Virginia,
Virginia were granted divorce. Thus, there were only two grounds accepted
Pedrito acquired from his father a portion of land. However, the new
for divorce, and neither was the reason for Pedrito and Virginia’s divorce.
certificate of title issued to Pedrito over the same land reflected that
The divorce was therefore contrary to law; hence, it cannot be recognized.
he was married to Pepang instead. Although in truth, Pedrito’s
marriage with Virginia was not yet legally dissolved at the time he
In People v. Bitdu, the Court held that divorce in accordance with customs
received the new certificate of title; hence, the Petitioners are
cannot be recognized for divorce cannot be had except in that court upon
illegitimate children.
which the state has conferred jurisdiction, and then only for those causes and
with those formalities which the state has prescribed.
Since there was no legal and valid ground for the divorce of Pedrito and
Virginia, they were still married in the eyes of the law and Pedrito was not
allowed to remarry. His subsequent marriage was therefore void for being
bigamous.
ACCORDINGLY, the petition is denied.

Anaban v. Anaban

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16 6.

Petitioners argued that they are legitimate children since Pedrito’s

ISSUE: W/N the dissolution of the marriage in accordance to tribal customs

ACCORDINGLY, the petition is denied.

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