Niñal v.
Badayog issued an affidavit declaring that they
cohabited for more than five years
Pepito shot Teodulfa which resulted to her Court ruled that marriage was void ab initio
death. 1 yr and 8 months after her death for absence of marriage license.
Pepito married Badayog
The affidavit declaring that they cohabited
When Pepito died, the petitioners assailed for 5 years is inadmissible because both
the validity of their marriage claiming that it parties admitted to its falsity.
was void for lack of marriage license.
The court ruled that the marriage was void
because even if Pepito and Badayog
cohabited for 5 years, it was not what the
law contemplated as Pepito was still
married to Teodulfa while he is cohabiting
with Badayog.
The 5 year period should be a period of
legal union had it not been for the absence
of the marriage
Void marriages can be questioned even
after death of either party, but voidable
marriages can be assailed only during the
lifetime of the parties and not after the
death of either.
Manzano v. Sanchez
the judge solemnized the marriage even
though the husband has a subsisting
marriage
Cohabiting for 5 years does not severe the
subsisting marriage.
DeCastro v. De Castro
The marriage had no marriage license
because it was expired and instead they