Case Digest: Related Case under Article 13 of Family Code of the Philippines

Dorothy B. Terre, complainant

vs.

Atty. Jordan Terre, respondent

A.M. No. 2349 July 3, 1992

Facts: On December 24, 1981, complainant Dorothy B. Terre filed a complaint against respondent, Jordan Terre, a member of the Philippine Bar with "grossly immoral conduct," for contracting a second marriage and living with another woman other than the complainant, while his prior marriage with complainant remained subsisting.

The Court required the respondent to answer the complaint. On April 24, 1985 that is after 3 years and a half, the respondent still had no answer. The Court resolved to suspend respondent from the practice of law until after he appears and/or files his answer to the complaint against him.

Respondent finally filed an answer with a motion to set aside on/or lift suspension order. He defended himself by claiming that he had believed in good faith that his prior marriage with the complainant was null and void ab initio and that no action for a judicial declaration of nullity was necessary.

Issue: Whether or not a judicial declaration of nullity is needed to enter into subsequent marriage.

Ruling: Yes. The Court held that for purposes of determining whether a person is legally free to contract a second marriage, a judicial declaration that the first marriage was null and void ab initio is essential.

The respondent's subsequent marriage to Helina Malicdem must be regarded as bigamous and criminal in character.