Remedial Law, 2022 Bar — Question I-5

ESSAY

Jimuel filed against his wife Jewel a petition for the declaration of nullity of their marriage, alleging as ground therefor Jewel’s psychological incapacity under Article 36 of the Family Code. The court denied the petition for insufficiency of the evidence presented at the trial. Much later, Jimuel again filed a petition against Jewel for the declaration of nullity of their marriage. This time, the basis of Jimuel’s petition was the absence of a marriage license at the time their marriage was celebrated. Upon Jewel’s motion, the court dismissed the petition on the ground of res judicata by virtue of the judgment in the first suit. Was the denial of the petition on the ground of res judicata proper? Explain briefly.

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