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CYNTHIA S. BOLOS v. DANILO T. BOLOS

FACTS:

Petitioner, Cynthia Bolos, filed a petition for the declaration of nullity of her marriage to respondent, Danilo Bolos, under Article 36 of the Family Code. The Regional Trial Court (RTC) granted the petition and declared the marriage null and void. Danilo received a copy of the decision and filed a notice of appeal, but the RTC denied his appeal for his failure to file a motion for reconsideration or new trial. The RTC declared its decision final and executory, prompting Danilo to file a petition for certiorari with the Court of Appeals (CA) to annul the orders of the RTC. The CA granted the petition, stating that the requirement of a motion for reconsideration did not apply to marriages solemnized before the Family Code took effect. Cynthia sought reconsideration of the ruling, but the motion was denied by the CA. Cynthia then filed a petition for review with the Supreme Court. The principal question to be resolved is whether A.M. No. 02-11-10-SC is applicable to the case. Cynthia argues that it is applicable to marriages solemnized before the Family Code.

ISSUES:

  1. Whether A.M. No. 02-11-10-SC, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, is applicable to marriages solemnized before the effectivity of the Family Code.

  2. Whether a motion for reconsideration is a prerequisite for an appeal under A.M. No. 02-11-10-SC.

RULING:

  1. The Court of Appeals (CA) erred in applying A.M. No. 02-11-10-SC to marriages solemnized before the effectivity of the Family Code. The CA's ruling in Enrico v. Heirs of Sps. Medinaceli, which the CA relied on, is not applicable to the present case. A.M. No. 02-11-10-SC only applies to marriages entered into during the effectivity of the Family Code, which took effect on August 3, 1988. Therefore, a motion for reconsideration is not a prerequisite for an appeal in this case.

PRINCIPLES:

  • A.M. No. 02-11-10-SC, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, only applies to marriages entered into during the effectivity of the Family Code, which took effect on August 3, 1988.

  • A motion for reconsideration is not a prerequisite for an appeal in cases involving marriages solemnized before the effectivity of the Family Code.