Domingo vs CA Facts: Delia married Roberto on November 29, 1976 at the YMCA Youth Center Bldg.

Consequently, she found out that he was already validly married with Emerlina prior to their marriage because they were sued for bigamy by the latter. She is working in Saudi Arabia and she would only be able to come to the Philippines only when she would avail a one month annual vacation granted by her employer. Roberto on the other hand has been unemployed ever since. Out of her personal earnings she was able to purchase real and personal properties that were under Robertos possession and administration. Upon availing her one month vacation, she found out that Roberto was cohabiting with another woman and has been disposing some of her properties. She felt mad at him and appointed brother Moises as her attorney in fact to administer her properties. She filed a petition for preliminary injunction to enjoin Roberto from exercising any acts of administration and ownership over said properties and that their marriage be declared null and void and that she be the sole and exclusive owner of all properties acquired during their void marriage. Roberto then filed for a motion to dismiss saying that the petition has no cause of action. The lower courts and CA favored Delia. According to Roberto Delia must file an ordinary civil action for recovery of the properties allegedly hers and not a petition for declaration of nullity of marriage as it can only be invoked for purposes of remarriage which she did not allege in the proceedings. Issue: W/N a petition for declaration of marriage can be invoke not only for purposes of remarriage HELD: YES The Family code required a judicial declaration of void marriages even for purposes other than remarriage. A declaration of absolute nullity of marriage is now explicitly required either as a cause of action or a ground of defense. One can conceive of other instances where a party might well invoke the absolute nullity of a previous marriage for purposes other than remarriage, such as in case of an action for liquidation, partition, distribution, and separation of property between the erstwhile spouses, as well as an action for custody and support of their common children, and the delivery of the latters presumptive legitimes. In such cases, evidence needs must be adduced, testimonial or documentary to prove the existence of grounds rendering such a previous marriage void. Declaration of nullity of marriage carries ipso facto a judgment for the liquidation of property, custody and support of children, etc. In the case at bar, Delias prayer for the separation of property will simply be one of the necessary consequences of the judicial declaration of absolute nullity of marriage. The SC said that the contention of Rodolfo that Delia must file an ordinary civil action is baseless. Therefore, the lower court is clothed with the jurisdiction to decide the incidental questions regarding the couples properties. Manuel vs People Facts: