Republic of the PhilippinesSUPREME COURT

Manila

SECOND DIVISION

G.R. No. 141528             October 31, 2006

OSCAR P. MALLION, petitioner, vs.EDITHA ALCANTARA, respondent.

Facts:

Oscar Mallion filed a petition with the Regional Trial Court seeking a declaration of nullity of his marriage with Editha Alcantara due to psychological incapacity. The RTC denied the petition for failure to adduce preponderance  of evidence. As the decision attained finality, Mallion filed another petition for a declaration of nullity of marriage, this time alleging that his marriage was null and void due to the fact that it was celebrated without a valid marriage license. It was later dismissed by the petition filed by the respondent on the ground of res judicata and forum shopping. Hence, this appeal.

Issue:Does a previous final judgment denying a petition for declaration of nullity ontheground of psychological incapacity bar a subsequent petition for declaration of  nullity on the ground of lack of marriage license?

Held:Petition is denied. Res judicata applies. Declaration of nullity of marriage on the ground of lack of marriage license is barred by earlier decision on psychological capacity. Mallion is simply invoking different grounds for the same cause of action, which is the nullity of marriage. When the second case was filed based on another ground, there is a splitting of a cause of action, which is prohibited. He is stopped from asserting that the marriage had no marriage license because he impliedly admitted the same when he did  not question the absence of a marriage license in the first case.