2.
For marriages solemnized under the Old Civil Code, testate and intestate
heirs may sue for nullity or annulment. However, AM 02-11-10-SC now vests
this right exclusively on the spouses on the theory that since the spouses
alone are the builders of marital life, they alone have the right put an end to
it. However, the heirs are not entirely deprived of their right to sue for nullity
or annulment. They can do so not on a proceeding for the nullity or marriage
but on settlement of estate. In the case at bar, since the marriage between
Teofilo and Felicidad was celebrated in 1962, the old civil code
applies but
since the old civil code does not specifically provide for who can sue, then
we apply the “real party in interest” rule. In this case, petitioner is a real party
in interest because as a collateral relative of Teofilo, he stands to succeed
intestate when Teofilo II is declared not to be either a legitimate, illegitimate
and adoptive son of Teofilo. Remember that the presence of legitimate,
illegitimate ascendants/descedants preclude the succession of collaterals.
43. Ablaza v Republic
Can a person bring an action for the declaration of the absolute nullity of the marriage
of his deceased brother solemnized under the regime of the old Civil Code?
Facts: The petitioner alleged that the marriage between his brother Cresenciano and
Leonila had been celebrated is void because there was no a marriage license at the
time the marriage was celebrated (the license was given a week later).
The marriage
was in 1949. He insisted that his being the surviving brother of Cresenciano who had
died without any issue entitled him to one-half of the real properties acquired by
Cresenciano before his death, thereby making him a real party in interest. He also
claims that he can impugn the validity of the marriage because it was void, even if
after 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 nullity
of the marriage. However, in Carlos v Sandoval, the Court said that this won’t apply
to:
1.
those actions commenced before March 15, 2003 (when the rules came out)
2.
those filed for marriages celebrated before March 15, 2003
The marriage between Cresence and Leonila was under the Civil Code. It was way
back in 1949.
The AM has no application to them.
The old Civil Code does not specify who can bring actions. However, this does not
mean that anyone can just bring actions to declare absolute nullity. The plaintiff must
still be the party who stands to be benefited by the suit, or the party entitled to the
avails of the suit, for it is basic in procedural law that every action must be prosecuted
and defended in the name of the real party in interest.Thus, only the party who can
demonstrate a "proper interest" can file the action. Interest within the meaning of the
rule means material interest, or an interest in issue to be affected by the decree or
judgment of the case, as distinguished from mere curiosity about the question
involved or a mere incidental interest.
