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    Case No. 83 Lapuz vs. Eufemio G.R. No. L-30977 January 31, 1972 Facts

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    This case involves a petition for legal separation filed by Carmen Lapuz-Sy against her husband Eufemio Eufemio. Eufemio counterclaimed to nullify their marriage, alleging a prior marriage under Chinese law. Carmen died during the proceedings. The court held that (1) a legal separation action is abated by the plaintiff's death, even if property rights are involved, and (2) Eufemio's nullification claim was moot after Carmen's death dissolved their marriage, though any property issues could be resolved in a partition case.

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    Case No. 83 Lapuz vs. Eufemio G.R. No. L-30977 January 31, 1972 Facts

    Uploaded by

    Lala
    175 views1 page
    This case involves a petition for legal separation filed by Carmen Lapuz-Sy against her husband Eufemio Eufemio. Eufemio counterclaimed to nullify their marriage, alleging a prior marriage under Chinese law. Carmen died during the proceedings. The court held that (1) a legal separation action is abated by the plaintiff's death, even if property rights are involved, and (2) Eufemio's nullification claim was moot after Carmen's death dissolved their marriage, though any property issues could be resolved in a partition case.

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    This case involves a petition for legal separation filed by Carmen Lapuz-Sy against her husband Eufemio Eufemio. Eufemio counterclaimed to nullify their marriage, alleging a prior marriage under Chinese law. Carmen died during the proceedings. The court held that (1) a legal separation action is abated by the plaintiff's death, even if property rights are involved, and (2) Eufemio's nullification claim was moot after Carmen's death dissolved their marriage, though any property issues could be resolved in a partition case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    175 views1 page

    Case No. 83 Lapuz vs. Eufemio G.R. No. L-30977 January 31, 1972 Facts

    Uploaded by

    Lala
    This case involves a petition for legal separation filed by Carmen Lapuz-Sy against her husband Eufemio Eufemio. Eufemio counterclaimed to nullify their marriage, alleging a prior marriage under Chinese law. Carmen died during the proceedings. The court held that (1) a legal separation action is abated by the plaintiff's death, even if property rights are involved, and (2) Eufemio's nullification claim was moot after Carmen's death dissolved their marriage, though any property issues could be resolved in a partition case.

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    Case No.

    83
    Lapuz vs. Eufemio
    G.R. No. L-30977 January 31, 1972

    Facts:
     On 18 August 1953, Carmen Lapuz-Sy filed a petition for legal separation against Eufemio
    Eufemio and that he should be deprived of his share of the conjugal partnership profits. They
    were married civilly on 21 September 1934 and canonically on 30 September 1934.
     They had lived together as husband and wife continuously without any children until 1943 when
    her husband abandoned her. They acquired properties during their marriage.
     Petitioner then discovered that her husband cohabited with a Chinese woman named Go Hiok
    on or about March 1949.
     Eufemio S. Eufemio counter-claimed for the declaration of nullity ab initio of his marriage with
    Carmen O. Lapuz Sy, on the ground of his prior and subsisting marriage, celebrated according to
    Chinese law and customs, with one Go Hiok, alias Ngo Hiok.
     On 31 May 1969, petitioner Carmen O. Lapuz Sy died in a vehicular accident. Her counsel duly
    notified the court of her death and moved to substitute the deceased Carmen by her father,
    Macario Lapuz.
     On 9 June 1969, respondent Eufemio moved to dismiss the "petition for legal separation" 1 on
    two (2) grounds, namely: that the petition for legal separation was filed beyond the one-year
    period provided for in Article 102 of the Civil Code; and that the death of Carmen abated the
    action for legal separation.

    Issue:
     Whether the death of the plaintiff, before final decree in an action for legal separation, abate
    the action and will it also apply if the action involved property rights

    Held:
    1. An action for legal separation is abated by the death of the plaintiff, even if property rights are
    involved. If death supervenes during the pendency of the action, no decree can be forthcoming.
    2. The Article 100 of Civil Code allows only the innocent spouse to claim legal separation; and in
    Article 108, provides that the spouses can, by their reconciliation, stop or abate the proceedings
    and even rescind a decree of legal separation already rendered. Being personal in character, it
    follows that the death of one party to the action causes the death of the action itself — actio
    personalis moritur cum persona.
    3. The petition of Eufemio for declaration of nullity is moot and academic and there could be no
    further interest in continuing the same after her demise, that automatically dissolved the
    questioned union.
    4. Any property rights acquired by either party as a result of Article 144 of the Civil Code of the
    Philippines could be resolved and determined in a proper action for partition by either the
    appellee or by the heirs of the appellant.

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