Download - Ninal v. Bayadog
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7/25/2019 Ninal v. Bayadog
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ENGRACE NIAL for Herself and as Guardian ad Litemof the minorsBABYLINE NIAL, INGRID NIAL, ARCHIE NIAL & PEPI! NIAL, "R#,petitioners,
vs.
N!R$A BAYAD!G,respondent.
G#R# No# %''( $ar)h %*, +
-a)ts.
Nial and Bellones were married in 1974. Nial shot Bellones in 1985, causing
her death. Ater a !ear and a hal, Nial contracted a second marriage with
respondent without a marriage license. "he! e#ecuted an a$davit stating that the!
have coha%ited or at least &ve !ears. Nial died in 1997. 'is children with Bellones
see( a declaration o nullit! o Nial)s marriage with respondent.
Issue*
+s the second marriage valid
Held.
No. "he &ve-!ear common-law coha%itation period, which is counted %ac(
rom the date o cele%ration o marriage, should %e a period o legal union had it not
%een or the a%sence o the marriage. "his 5-!ear period should %e the !ears
immediatel! %eore the da! o the marriage and it should %e a period o
coha%itation characteried %! e#clusivit! / meaning no third part! was involved at
an! time within the 5 !ears and continuit! / that is un%ro(en.
"he second marriage was void or lac( o marriage license. "he! are not
e#empt rom ac0uiring marriage license %ecause their &ve-!ear period coha%itation
was not the coha%itation contemplated %! law. +t should %e in the nature o a
perect union that is valid under the law %ut rendered imperect onl! %! the a%sence
o the marriage contract. the &ve !ears the! had coha%ited, onl! 23 months were
without an! legal impediment#