FACTS: On December 24, 1981, complainant Dorothy B.

Terre charged respondent Jordan

Terre, a member of the Philippine Bar with “grossly immoral conduct,” consisting of

contracting a second marriage and living with another woman other than complainant, while

his prior marriage with complainant remained subsisting No judicial action having been

initiated or any judicial declaration obtained as to the nullity of such prior marriage of

respondent with complainant. Respondent was charged with abandonment of minor and

bigamy by complainant. Dorothy Terre was then married to a certain Merlito Bercenillo her

first cousin, with this fact, Atty. Jordan Terre succesfully convinced complainant that her

marriage was void ab initio and they are free to contract marriage. In their marriage

license, despite her objection, he wrote “single” as her status. After getting the

complainant pregnant, Atty. Terre abandoned them and subsequently contracted another

marriage to Helina Malicdem believing again that her previous marriage was also void ab

initio.

ISSUE: WON a judicial declaration of nullity is needed to enter into a subsequent

marriage

HELD: Yes. The Court considers this claim on the part of respondent Jordan Terre as a

spurious defense. In the first place, respondent has not rebutted complainant’s evidence

as to the basic fact which underscores that bad faith of respondent Terre. In the second

place, the pretended defense is the same argument by which he inveigled complainant into

believing that her prior marriage or Merlito A. Bercenilla being incestuous and void ab

initio (Dorothy and Merlito being allegedly first cousins to each other), she was free to

contract a second marriage with the respondent. Respondent Jordan Terre, being a lawyer,

knew or should have known that such an argument ran counter to the prevailing case law of

the supreme Court which holds that for purposes of determining whether a person is

legally free to contract a second marriage , a judicial declaration that the first marriage

was null and void ab initio is essential.