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2.For marriages solemnized under the Old Civil Code, testate and intestateheirs may sue for nullity or annulment. However, AM 02-11-10-SC now veststhis right exclusively on the spouses on the theory that since the spousesalone are the builders of marital life, they alone have the right put an end toit. However, the heirs are not entirely deprived of their right to sue for nullityor annulment. They can do so not on a proceeding for the nullity or marriagebut on settlement of estate. In the case at bar, since the marriage betweenTeofilo and Felicidad was celebrated in 1962, the old civil code applies butsince the old civil code does not specifically provide for who can sue, thenwe apply the “real party in interest” rule. In this case, petitioner is a real partyin interest because as a collateral relative of Teofilo, he stands to succeedintestate when Teofilo II is declared not to be either a legitimate, illegitimateand adoptive son of Teofilo. Remember that the presence of legitimate,illegitimate ascendants/descedants preclude the succession of collaterals.43. Ablaza v RepublicCan a person bring an action for the declaration of the absolute nullity of the marriageof his deceased brother solemnized under the regime of the old Civil Code?Facts: The petitioner alleged that the marriage between his brother Cresenciano andLeonila had been celebrated is void because there was no a marriage license at thetime the marriage was celebrated (the license was given a week later). The marriagewas in 1949. He insisted that his being the surviving brother of Cresenciano who haddied without any issue entitled him to one-half of the real properties acquired byCresenciano before his death, thereby making him a real party in interest. He alsoclaims that he can impugn the validity of the marriage because it was void, even ifafter the death of his brother. Issue: Does he have standing?Held: Yes.The SC AM states that only the husband or the wife can bring an action for the nullityof the marriage. However, in Carlos v Sandoval, the Court said that this won’t applyto:1.those actions commenced before March 15, 2003 (when the rules came out)2.those filed for marriages celebrated before March 15, 2003The marriage between Cresence and Leonila was under the Civil Code. It was wayback in 1949. The AM has no application to them.The old Civil Code does not specify who can bring actions. However, this does notmean that anyone can just bring actions to declare absolute nullity. The plaintiff muststill be the party who stands to be benefited by the suit, or the party entitled to theavails of the suit, for it is basic in procedural law that every action must be prosecutedand defended in the name of the real party in interest.Thus, only the party who candemonstrate a "proper interest" can file the action. Interest within the meaning of therule means material interest, or an interest in issue to be affected by the decree orjudgment of the case, as distinguished from mere curiosity about the questioninvolved or a mere incidental interest.