“The Supreme Court held that ‘only the aggrieved or injured innocent spouse of either marriage may petition to declare the nullity of the subsequent
marriage’”
“In June 2000, Maria Lina met Edwin while she was working as a bank teller at Equitable Bank in Central Hong Kong” . Maria Lina later filed a Petition for Recognition/Enforcement of Foreign Judgment before the Regional Trial Court of Paranaque City which was subsequently granted. In 2014, Maria Lina and Edwin separated, with the former keeping custody of the two children.
On appeal by Maria Lina to the Court of Appeals, the Republic through the Office of the Solicitor General opposed the same because Maria Lina “ the party guilty of contracting a bigamous marriage had no personality to file the said petition.” Section 2 of A.M. 02-11-10-SC “states that an action for the declaration of nullity of a void marriage may be filed solely by the aggrieved or injured spouse.”
“Ho Kar Wai was the injured spouse in the prior subsisting marriage… had the right to file a petition for the declaration of nullity of the marriage between Maria Lina and Edwin. However, after Ho Kar Wai secured the divorce decree… his marital relations with Maria Lina legally ceased.”
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