Professional Documents
Culture Documents
165545,March24,2006
FACTS: On April 25, 1955, Clemente G. Bailon and Alice P. Diaz contracted
marriage in Barcelona, Sorsogon. On October 9, 1970, Bailon filed before the
CFI of Sorsogon a petition to declare Alice presumptively dead. On December
10, 1970, the CFI granted the petition. Close to 13 years after his wife Alice was
declared presumptively dead or on August 8, 1983, Bailon contracted marriage
with Teresita Jarque in Casiguran, Sorsogon. She was designated as SSS
beneficiary of Bailon. SSS cancelled the claim of respondent Teresita Jarque of
her monthly pension for death benefits on the basis of the opinion rendered by its
legal department that her marriage with Bailon was void as it was contracted
during the subsistence of Bailons marriage with Alice. Teresita protested the
cancellation of her monthly pension for death benefits asserting that her marriage
with Bailon was not declared before any court of justice as bigamous or unlawful.
Hence, it remained valid and subsisting for all legal intents and purposes.
ISSUE: Whether or not the subsequent marriage of Clemente Bailon and
respondent Teresita Jarque may terminate by mere reappearance of the absent
spouse of Bailon