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Terre vs. Terre: Marriage Nullity Case

The petitioner filed a complaint against the respondent for entering into a second marriage without first obtaining a judicial declaration of nullity of their prior marriage. The petitioner and respondent were previously married, however the petitioner's prior marriage to another man was alleged to be void. The respondent claimed he believed in good faith that the prior marriage was void, so no judicial declaration was needed. However, the court found that under the Family Code, a judicial declaration of nullity is required before entering a subsequent marriage. As the respondent was a lawyer, he should have known this was required. The court ultimately disbarred the respondent for his actions.

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Aljenneth Micaller
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151 views2 pages

Terre vs. Terre: Marriage Nullity Case

The petitioner filed a complaint against the respondent for entering into a second marriage without first obtaining a judicial declaration of nullity of their prior marriage. The petitioner and respondent were previously married, however the petitioner's prior marriage to another man was alleged to be void. The respondent claimed he believed in good faith that the prior marriage was void, so no judicial declaration was needed. However, the court found that under the Family Code, a judicial declaration of nullity is required before entering a subsequent marriage. As the respondent was a lawyer, he should have known this was required. The court ultimately disbarred the respondent for his actions.

Uploaded by

Aljenneth Micaller
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Terre vs. Terre Case Summary: Summarizes the annulment case between Dorothy Terre and Jordan Terre including the complaint and initial allegations.
  • Facts of the Case: Details the specific facts presented in the annulment case, including background and sworn statements from the parties involved.
  • Legal Basis: Explains the legal grounds for annulment, referencing Article 36 of the Family Code and its applicability to the case.
  • Court's Ruling: Describes the court's final decision and repercussions for the Respondent including disbarment.

Terre vs.

Terre

Admin Case No. 2349 July 03, 1992 Per Curium

Void Marriages, Declaration of nullity of mar By: Carpio


riage.
Petitioners: Dorothy B. Terre Respondents: Atty. Jordan Terre

Recit Ready summary:


Complaintant filed a complaint against the Respondent for contracting second marriage. Pe
titioner, a lawyer claims that his first marriage to the Complainant was void ab initio because
the latter was already married to Merlito Bercenilla, whom complaintant's first cousin. Believ
ing that their marriage was void ab initio, he contracted another marriage. Under Article 40
of the Family Code declaration of nullity of marriage was needed to enter before contractin
g another marriage. The respondent was disbarred due to grossly immoral conduct.
Facts of the case:
Complainant Dorothy and Respondent Jordan were highschool classmates. The complainan
t was married to Merlito Bercenilla, whom were first cousins. Respondent, whom were fresh
men law student continued courting the complainant and explained that Complainant's mar
riage was void ab initio so there was no need to go to court to declare for the declaration t
o nullify her subsequent marriage to Merlito Bercenilla. The Respondent wrote single as the
status of the complainant in the marriage licensed despite the latter's protest. The complain
ant support the respondent while studying in the law school and during their union his son,
Jason Terre was born. Then suddenly the respondent disappeared. It was latter found out th
at he contracted a marriage to another woman.
Complainant filed a petition against the Respondent. Respondent evaded the Court's Resolu
tion for five attempts to serve a copy and after 3 and a half year the court decided to suspe
nded the respondent form practice of law. The Respondent claims that he contracted the C
omplainant upon representation that she was a single and when the Respondent confronte
d the latter, he was drove out of the conjugal residence. He also claims that the complainan
t were seeing secretly Merlito Bercenilla and the child was the latter's son. Believing that Res
pondent's marriage to the Complainant was void ab initio, he contracted another marriage
with Helina Malicdem.
Issue:
Whether or not judicial declaration of the nullity of marriage is needed to enter into a subse
quent marriage
Rationale/Legal Basis/Analysis:
Yes, judicial declaration of the nullity of marriage is needed to enter into a subsequent marr
iage. Under Article 40 of the Family code, Art. 40. The absolute nullity of a previous marriag
e may be invoked for purposes of remarriage on the basis solely of a final judgment declari
ng such previous marriage void. In order to determine if such parties are legally allowed to c
ontract another marriage.
Before entering into a subsequent marriage absolute of nullity of marriage must be obtain. I
n this case the Respondent being a lawyer, a bound to know the aforementioned argument
s.
Disposition: The Respondent was disbar and strike out his name from the Roll of Attorneys.

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