G.R. No. 249011; March 15, 2021.
DOCTRINE:
The Court may pass upon the validity of a marriage even in a suit not directly instituted to question the validity of said marriage, so long as it is essential to the determination of the case.
FACTS:
In 1942, Pedrito Anaban (Pedrito) and Virginia Erasmo (Virginia) got married in accordance with the native customs of the lbaloi Tribe to which they both belonged. They had three (3) children, i.e., respondents Betty Anaban-Alfiler, Mercedes Anaban, and Marcelo Anaban. In 1947, however, the council of tribe elders took notice of Virginia’s insanity and based thereon approved the couple’s divorce and allowed Pedrito to remarry. In 1952, Pedrito got married to fellow lbaloi Pepang still in accordance with their tribe’s customs. They begot eight (8) children.