ATIENZA V. BRILLANTES JR. (Voidable Marriage)Lupo Atienza lived together with Yolanda de Castro with whom he has two children. He purchased a house in Bel-Air, Makati where his family stayed. He stays there too whenever hes in Manila. In Dec., 1991, he was surprised to see Manila Metropolitan Trial Court Judge Francisco Brillantes sleeping on his bed. Their boy informed him that Brillantes had been cohabiting with de Castro. Later on, Brillantes prevented him from visiting his children. He claims that Brillantes is married to Zenaida Ongkiko with whom he has five children. Atienza filed a complaint for Gross Immorality & Appearance of Impropriety against Brillantes.

Brillantes claims that his marriage to Ongkiko is not valid because of lack of marriage license. According to him, Ongkiko abandoned him 19 years ago leaving their children with him. He claims that he believed that he was single when he married de Castro because his first marriage was void.

ISSUE: WON Brillantes can contract a second marriage without a judicial declaration of nullity?

HELD: No. Dismissed from service.

RATIO:

1. FC Art. 40: judicial declaration of nullity of previous marriage is needed before one can enter into a second marriage. Rule has retroactive effect thus applicable to Brillantes even if he got married under the Civil Code.

2. Bad faith and sinister motives of Brillantes proven by his marriage to Ongkiko. They underwent two ceremonies however he never got a license. Then, he immorally and illegally cohabited with de Castro. Not fit for the judiciary.