Mallion v.

Alcantara
GR No. 141528 October 31, 2006

Facts:

Oscar Mallion filed a petition with the Regional Trial Court seeking a
declaration of nullity of his marriage with Editha Alcantara due to
psychological incapacity. The RTC denied the petition.

As the decision attained finality, Mallion filed another petition for a declaration
of nullity of marriage, this time alleging that his marriage was null and void
due to the fact that it was celebrated without a valid marriage license.

Issue:

Does a previous final judgment denying a petition for declaration of nullity on

the ground of psychological incapacity bar a subsequent petition for
declaration of nullity on the ground of lack of marriage license?

Held:

Res judicata1 applies.

Mallion is simply invoking different grounds for the same cause of action
which is the nullity of marriage. When the second case was filed based on
another ground, there is a splitting of a cause of action which is prohibited. He
is estopped from asserting that the first marriage had no marriage license
because in the first case he impliedly admitted the same when he did not
question the absence of a marriage license.

1
Res judicata – a matter adjudged; a thing judicially acted upon or decided; a
thing or matter settled by judgment.