Mallion v Alcantara

Mallion v. Alcantara

GR No. 141528 October 31, 2006 Facts:

Oscar Mallion filed a petition with the Regional Trial Court seeking adeclaration of nullity of his marriage with EdithaAlcantara due topsychological incapacity. The RTC denied the petition for failure to adduce preponderance of evidence. As the decision attained finality, Mallion filed another petition for a declarationof  nullity of marriage, this time alleging that his marriage was null and voiddue to the fact that it was celebrated without a valid marriage license. It was later dismissed by the petition filed by the respondent on the ground of res judicata and forum shopping. Hence, this appeal. Issue:

Does a pr evious final judgment denying a p etition for declaration of nullity onthe ground of psychological incapacity bar a subsequent petition fordeclaration of  nullity on the ground of lack of marriage license? Held:

Yes. Petition is denied. Ratio:

Res judicataapplies.Declaration of nullity of marriage on the ground of lack of  marriage license is barred by earlier decision on psychological capacity. 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 onanother ground, there is a splitting of a cause of action, which is prohibited. Heis estopped from asserting that the marriage had no marriage licensebecause he impliedly admitted the same when he did notquestion notquestion the absence of a marriage license in the first case.