CASE: Lapuz Sy v Eufemio AUTHOR: Frances Ko

GR NO: L-30977 Pages (Full Text): 6

DATE: January 31, 1972 NOTES:
TOPIC: Court Procedure in Legal Separation
PONENTE: J. Reyes
FACTS:
Carmen filed a petition for legal separation against Eufemio alleging that they were married and had lived together as
husband and wife continuously until 1943 when Eufemio abandoned her. Afterwards, she discovered that he is
cohabiting with a Chinese woman.

Before the trial could be completed, Carmen died. Eufemio moved to dismiss the petition for legal separation while
Carmen’s counsel moved to substitute her with her father.

ISSUE(S): WON the death of plaintiff before the final decree in an action for legal separation abate the action
HELD: Yes
DISPOSITIVE PORTION: ACCORDINGLY, the appealed judgment of the Manila Court of Juvenile and Domestic Relations is
hereby affirmed. No special pronouncement as to costs.
RATIO:
An action for legal separation is purely personal and allows only the innocent spouse to claim legal separation. Being
personal in character, it follows that the death of one party to the action causes the death of the action itself.

CASE LAW/ DOCTRINE (Related to the Topic):

DISSENTING/CONCURRING OPINION(S):