2 For marriages solemnized under the Old Civil Code testate and intestate heirs

2 for marriages solemnized under the old civil code

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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.
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