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Doctrine: Void marriages. Before the promulgation of the Family Code and Wiegel v
Sempio-Diy, the prevailing rule for marriages is the doctrine in Odayat v Amante:
void marriages do not need to be judicially declared void.
Petitioner(s)/Complainant(s): Maria Apiag, Teresita canter Securom, Glicerio
Cantero
Respondent(s): Judge Esmeraldo Cantero
Ponente: Panganiban, J
Facts:
Maria Apiag and Esmeraldo Cantero were married Aug 11, 1947, because of
the birth of their child, Teresita Cantero. They lived together and had another
child, Glicero Cantero, in 1953. Respondent judge, without any apparent
cause, left his family around 1960 and was never heard of again. Cantero
would later claim that their marriage was void because they were close
relatives and that he unknowingly walked and was forced into a marriage
ceremony
Without the judicial declaration of nullity of his marriage to Apiag, Cantero
contracted another marriage with Nieves Ygay, with whom he had eight other
children. That he was married to Ygay appeared in his public documents
In March 1994, Teresita Cantero, also acting in behalf of her mother and
brother, entered into a compromise agreement with Esmeraldo Cantero. It
was agreed that:
o Teresita, her mother, and brother will get of the retirement benefits
that Esmeraldo will receive from GSIS
o That in the case of his death, Teresita and her brother will be one of his
beneficiaries
o That they shall inherit from Esmeraldo property from his parents
o That Esmeraldo shall give P4,000 to Teresita and her brother monthly
o The agreement would only be effective if Teresita et al would withdraw
their complaint of grave misconduct against the judge
The Investigating Judge found Esmeraldo guilty of grave misconduct and
recommended suspension for a year, without pay; the Office of the Court
Administrator recommended dismissal
Cantero died while the case was pending resolution. However, the Court
decided to resolve the case because it would affect his death and retirement
benefits