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    CIVPRO Case Digest

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    Benedick Ledesma
    Rogelio Mariscal appealed a decision regarding separate civil and criminal cases filed against him by Bella Catalan. Catalan filed for annulment of their marriage in civil court, alleging the marriage was void due to lacking a valid license and Mariscal's bigamy, and sought money she sent him during the marriage. She also filed criminal charges in a separate court for bigamy and perjury. The Court of Appeals held that filing both a civil suit for damages and a criminal complaint against the same person for the same issues does not constitute claim splitting or litis pendentia as long as the issues in each case are not identical.

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    CIVPRO Case Digest

    Uploaded by

    Benedick Ledesma
    33 views1 page
    Rogelio Mariscal appealed a decision regarding separate civil and criminal cases filed against him by Bella Catalan. Catalan filed for annulment of their marriage in civil court, alleging the marriage was void due to lacking a valid license and Mariscal's bigamy, and sought money she sent him during the marriage. She also filed criminal charges in a separate court for bigamy and perjury. The Court of Appeals held that filing both a civil suit for damages and a criminal complaint against the same person for the same issues does not constitute claim splitting or litis pendentia as long as the issues in each case are not identical.

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    Civil Actions

    Original Title

    CIVPRO case digest

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    Rogelio Mariscal appealed a decision regarding separate civil and criminal cases filed against him by Bella Catalan. Catalan filed for annulment of their marriage in civil court, alleging the marriage was void due to lacking a valid license and Mariscal's bigamy, and sought money she sent him during the marriage. She also filed criminal charges in a separate court for bigamy and perjury. The Court of Appeals held that filing both a civil suit for damages and a criminal complaint against the same person for the same issues does not constitute claim splitting or litis pendentia as long as the issues in each case are not identical.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    33 views1 page

    CIVPRO Case Digest

    Uploaded by

    Benedick Ledesma
    Rogelio Mariscal appealed a decision regarding separate civil and criminal cases filed against him by Bella Catalan. Catalan filed for annulment of their marriage in civil court, alleging the marriage was void due to lacking a valid license and Mariscal's bigamy, and sought money she sent him during the marriage. She also filed criminal charges in a separate court for bigamy and perjury. The Court of Appeals held that filing both a civil suit for damages and a criminal complaint against the same person for the same issues does not constitute claim splitting or litis pendentia as long as the issues in each case are not identical.

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    © All Rights Reserved
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    ROGELIO MARISCAL

    vs.
    COURT OF APPEALS

    FACTS:

    Private respondent Bella Catalan filed a complaint against a petitioner Rogelio


    Mariscal before the Regional Trial Court of Iloilo for the annulment of their
    marriage contracted on the ground that it was void ab initio for having been
    solemnized without a valid marriage license and being bigamous. She also
    sought to recover from Mariscal a sum of money she allegedly sent to him
    while she was working as a nurse over the course of their marriage. She also
    filed another criminal case on a separate RTC for bigamy and perjury.
    Mariscal moved to dismiss the action for damages contending a splitting of
    action along with annulment and equivalent damages.

    ISSUE:

    Whether or not the separate criminal case files constitute on splitting a cause
    of action and litis pendentia.

    HELD:

    To interpose a cause of action in a counterclaim and again invoke it in a


    complaint against the same person or party would be splitting a cause of action
    not sanctioned by the Rules. The filing of the criminal complaint and civil
    action for damages does not constitute litis pendentia. In litis pendentia, what
    is essential is the identity and similarity of the issues under construction.
    Interpose a cause of action is a counter claim and again to invoke it in a
    complaint with the same person is tantamount with the splitting of a cause of
    action.

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