SILVA v. PERALTA J. REYES FACTS Saturnino Silva, an officer of the US Army, married Defendant (D E!

ther "eralta on January #$, #%$&. 'onethele!!, no document! of marria(e have )een *re*ared or e+ecuted for the *ur*o!e. ,he t-o lived to(ether a! hu!)and and -ife. Soonafter, (D )ore a child named Saturnino Sila, Jr. After !u!tainin( !eriou! -ound! from a )attle, Silva -ent )ac. to the US for medical treatment. /hile there, he !ecured divorce from one "ri!cilla 0!a)el, and in #%$1, contracted marria(e -ith "laintiff (" Elenita 2ede!ma Silva. U*on hi! return to the "hili**ine!, (D in!tituted a !uit for !u**ort of her and Silva3! child (" a!!i!ted )y hu!)and Saturnino filed the *re!ent ca!e !ee.in( to en4oin (D from re*re!entin( her!elf a! 5r!. E!ther "eralta Silva, or e!!entially from u!in( the !urname Silva. Another !uit a(ain!t (D -a! filed in 6ota)ato. 2o-er 6ourt a-arded herein (D moral dama(e! and attorney3! fee!

ISSUE # 8 9 HELD 'o evidence -a! offered to *rove the marria(e )et-een Saturnino and E!ther o Durin( the *re-trial conference, E!ther (ot confu!ed a! to -ho *erformed the marria(e, 6ote or the 4u!tice of *eace /hen a!.ed to e+*lain on her u!e of the !urname Silva in the letter to the "re!ident of the Davao 2ocal 6ouncil, E!ther never revealed any marria(e contracted )y her and Silva 0n the affidavit !u)mitted to the court, !he admitted under oath that !he -a! !in(le /7' a valid marria(e too. *lace )et-een Saturnino Silva and Defendant E!ther "eralta ('7 /7' it i! *ro*er for E!ther "eralta to continue u!in( the !urname Silva ('7 /7' E!ther "eralta i! indeed entitled to moral dama(e! (YES

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'o marria(e document! -ere ever *re*ared or e+ecuted )y any)ody :i(orou! denial of the !u**o!ed marria(e )y Saturnino him!elf

At the time of the marria(e, Saturnino -a! !till married to "ri!cilla 0!a)el, an Au!tralian national Based on the non-existence of Esthe !s "a ia#e $ith Si%va& and the %atte !s "a ia#e to E%enita Ledes"a& it is not ' o'e fo Esthe to contin(e (sin# the s( na"e Si%va )*+ and ),+ 0t a**ear! that Esthe had acted in #ood faith, the fact of Saturnino3! !u)!i!tin( marria(e un.no-n to her. She i! entitled to moral dama(e! on the )a!i! of her %oss of e"'%o-"ent due to the fraud e+erci!ed )y Saturnino a(ain!t her. ).+ JUD;E5E', 57D0<0ED RES72U,07'

0SSUE

A**ellant !*ou!e! *ray for recon!ideration of *reviou! deci!ion

/7' moral dama(e! !hould )e a-arded to Elenita Silva ('7 /7' the a-ard of *ecuniary dama(e! a(ain!t Saturnino i! un-arranted )y fact! and la- ('7 =E2D A-ard of dama(e! re!ult! from Silva # le(ally married to her and 8 la-fully married to Elenita. <or the !econd *oint, it i! nece!!ary for E!ther to have acted in )ad faith. 'o !ufficient evidence i! offered to !ho- !uch cau!e. )*+ ,he fraud committed )y Saturnino a(ain!t E!ther and hi! commi!!ion of variou! act! in order to force E!ther to dro* the char(e! filed a(ain!t him further reinforce! E!ther3! ri(ht to dama(e!. >y the fir!t action of (D , Saturnino mana(ed to avoid !ummon!, *re!!ured E!ther to dro* the ca!e and !u)!e?uently unchained a !erie! of inve!ti(ation! that )rin(! to li(ht her condition a! an un-edded mother. ),+ 6a!e doe! not con!titute re! 4udicata !ince the i!!ue! and the *artie! are different. ),+ 'o *re!cri*tion ),+ DE'0ED