CASE DIGEST ON ATIENZA V. BRILLANTES

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CASE DIGEST ON ATIENZA V. BRILLANTES [243 SCRA 32 (1995)] - F: This is an administrative complaint filed by Atienza for Gross Immorality and Appearance of Impropriety against J. Brillantes, Presiding Judge of MTC, Mla. It was alleged in the complaint that Brillantes has been cohabiting w/ Yolanda De Castro (w/ whom Atienza had 2 children) when he (Brillantes) was already married to one Zenaida Ongkiko w/ whom he has 5 children. xxx Resp. denies having been married to Ongkiko, although he admits having 5 children w/ her. He alleges that while he and Ongkiko went through a marriage ceremony, the same was not valid for lack of marriage license. The second marriage bet. the two also lacked the required license. He claims that when he married De Castro in LA, California, he believed, in all GF and for all legal intents and purposes, that he was single bec. his first marriage was solemnized w/o a license.

HELD: Under the FC, there must be a judicial decl. of the nullity of a previous marriage bef. a party thereto can enter into a 2nd marriage. (Art. 40.) Art. 40 is applicable to remarriages entered into after the effectivity of the FC regardless of the date of the first marriage. Said art. is given "retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance w/ the NCC or other laws." (Art. 256, FC.) This is particularly true w/ Art. 40 w/c is a rule of procedure. Resp. has not shown any vested right that was impaired by the application of Art. 40 to his case.
The fact that procedural statutes may somehow affect the litigants' rights may not preclude their retroactive application to pending actions. The retroactive application of procedural laws is not violative of any right of a person who may feel that he is adversely affected. The reason is that as a general rule no vested right may attach to, nor arise from, procedural laws.

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