DIGEST - Alcantara V Mallion
DIGEST - Alcantara V Mallion
Does a previous final judgment denying a petition for declaration of nullity on the ground of psychological
incapacity bar a subsequent petition for declaration of nullity on the ground of lack of marriage license?
FACTS
♥ Oct. 24, 1995: Mallion filed @ RTC-San Pablo a petition for decalaration for nullity on the ground of
psychological incapacity
o RTC: DENIED! Failure to adduce preponderant evidence
o CA: DISMISSED! Mallion’s failure to pay the docket fees within the reglementary period
♥ July 12, 1999: When decision on the first case attained its finality (the one with grounds of Psychological
incapacity), Mallion filed another petition of declaration of nullity, this time, on the ground of lack of
marriage license @ RTC-San Pablo
ISSUE
♥ WoN the marriage is void for the absence of Marriage License
HELD
♥ Petition is DENIED! The case is barred by res judicata!
RD
♥ Res judicata- a matter adjudged; a thing judicially acted upon or decided
o “there should be an end to litigation”
o dual aspect: 1. Bar by prior judgment upon the same claim or cause of action 2. Issues resolved in
former suit cannot again be raised between same parties involving different cause of action
*Mian’s Annotation: according to Atty. Legarda, Mallion is ESTOPPED kasi it was implied from the first marriage that
there was a Marriage License. Regarding the validity of marriage (since this is under the “absence of requisites”), I
think the marriage is VALID, kasi if he was estopped from filing the 2nd petition, then it’s tantamount to
acknowledging that a marriage license really exists. Likewise, his petition on the ground of psych incapacity was
also dismissed. What do you think?)*