DOMINGO VS. CA 17 Sept 1993 Romero, J.

Petition to review the decision of CA

FACTS: -Delia Domingo filed a petition for “Declaration of Nullity of Marriage and Separation of Property,” against Roberto Domingo. Unknown to her, he had a previous marriage with one Emerlinda dela Paz on 1969 which which is still valid and existing. -Roberto filed a motion to dismiss on the ground that the petition was unnecessary since their marriage was void ab initio because of his previous marriage. It added that Delia had no property which is in his possession. -Petitioner contends that a petition for declaration of absolute nullity of marriage is required only for purposes of remarriage. -Respondent insists on the necessity of a judicial declaration of the nullity of marriage, not for the purpose of remarriage, but in order to provide a basis for the separation and distribution of the properties acquired during coverture.

HELD: Art40 “The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.” -Petitioner’s interpretation of Art40, FC is quite restrictive. -The clause denotes that such final judgment declaring the previous marriage void need not be obtained only for purposes of remarriage. -Other purposes: 1. 2. 3. Liquidation, partition, distribution & separation of property between spouses. Action for custody and support of their common children. Delivery of children’s presumptive legitimes

Art43 & 50 Effects of Nullity  Based on the foregoing provisions, private respondent’s ultimate prayer for separation of property will simply be one of the necessary consequences of judicial declaration of absolute nullity of marriage.

the rule on the exclusivity of the parties on the marriage as having the right to initiate action for dec. Leila (daughter) should also be impleaded . due to such a license being issued only on a 9 Jan 1950. He has material interest in the estate of C that will be adversely affected by any judgment in the suit. Art 1001. CC If no descendants. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages) Sec2 A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or wife. entitling him to ½ of the real property of C. of nullity DOES NOT APPLY. No. the collateral relatives shall succeed to the entire estate of deceased in accordance…. desc. so marriage is void ab initio. illegitimate children. the latter shall be entitled to ½ of the inheritance and b/s or their children to the other half Art 1003. HELD:  Gen.  Impact of A. making him a real party in interest. date]  The marriage between C & L was contracted on 26 Dec 1949. Ablaza.M. but being a procedural rule that is prospective in application. or surviving spouse. Rule: The nature of the marriage already celebrated cannot be changed by a subsequent amendment of a governing law. w/c took effect on 3 Aug 1988.ABLAZA VS. ISSUES: WON petitioner is a real party in interest in the action to seek declaration of nilluty of marriage of his brother. *This extends only to marriages covered by the FC. ascendants. participation of C’s surviving wife Leonila is necessary. *the right of petitioner to bring action hinges upon a prior determination of whether he had any ascendants.  Petitioner alleged himself to be C’s brother and surviving heir. or children *Since not all marriages celebrated under the old CC required a marriage license. RP 11 August 2010 FACTS: 26 Dec 1949. the law in effect at the time of celebration of marriage.marriage between Crescensiano Ablaza & Leonila Honato Isidro Ablaza.  surviving brother of C. Old and new CC contain no provision on who can file a petition to declare the nullity of a marriage. Hence.alleged that the marriage between C & L had been celebrated w/o marriage license. is confined only to proceedings after 15 March 2003 [eff.CC Should brothers and sisters or their children survive with the widow or widower. The applicable law was the old CC. Ablaza before his death.

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