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The Civil Code contains no express provision on the necessity of a judicial declaration of nullity of a void marriage.
The Court likewise ruled that no judicial decree was necessary to establish the invalidity of void marriages under Article 80 of the Civil Code.
It must be emphasized that the enactment of the Family Code applies to marriages celebrated after 3 August 1988. A judicial declaration of absolute nullity of marriage is now expressly required where the nullity of a previous marriage is invoked for purposes of contracting a second marriage. A second marriage contracted prior to the issuance of this declaration of nullity is thus considered bigamous and void.
However, as this Court clarified, the requirement of a judicial decree of nullity does not apply to marriages that were celebrated before the effectivity of the Family Code. (GR No. 189607)