GR 259520 Lazaro Javier (Digest)
G.R. No. 259520 , November 05, 2024
MARIA LINA P. QUIRIT-FIGARIDO, PETITIONER, VS. EDWIN L. FIGARIDO, RESPONDENT.
FACTS
The case involves a petition for declaration of absolute nullity of a void marriage filed by Maria Lina P. Quirit-Figarido against Edwin L. Figarido. The marriage is alleged to be bigamous. The Majority ruled that Maria Lina lacks the legal capacity to file the petition, citing that only the “aggrieved or injured spouse” may bring such an action under relevant rules and jurisprudence. This dissenting opinion contests that conclusion.
ISSUE
Whether Maria Lina P. Quirit-Figarido, as a spouse in a supposedly bigamous marriage, has the legal capacity to file a petition for declaration of absolute nullity of that void marriage under Section 2(a) of A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages).
RULING
The dissenting opinion holds that Maria Lina possesses the legal capacity to file the petition. The ruling is based on the following points:
1. The categorical language of Section 2(a) of A.M. No. 02-11-10-SC states that a petition “may be filed solely by the husband or the wife.” It does not distinguish between an “aggrieved” or “guilty” spouse, and thus applies to all void marriages, including bigamous ones.
2. Jurisprudence supports this view. In Puyat v. Puyat, the Court allowed the psychologically incapacitated (“guilty”) spouse to file the petition, explicitly stating that the rule “does not distinguish who between the spouses may file.”
3. The doctrine of “unclean hands” should not preclude a declaration of nullity. Citing Cariaga v. Republic, the opinion argues that public policy compels the declaration of a void marriage to avoid validating what the law declares void. Any liability of the “guilty” party should be addressed in a separate proceeding.
4. There is no substantial distinction between a void marriage due to bigamy and one due to lack of a marriage license (as in Cariaga); both are void ab initio under Article 35 of the Family Code. The logic of Cariaga—rejecting the application of the unclean hands doctrine to bar the petition—should apply equally here.
5. Preventing Maria Lina from pursuing this action would operate to validate a marriage the law declares void, which is against paramount public policy.