Case Digest (G.R. No. 158298)
Facts:
Isidro Ablaza v. Republic of the Philippines, G.R. No. 158298, May 30, 2011, Supreme Court Third Division, Bersamin, J., writing for the Court.
Petitioner Isidro Ablaza filed on October 17, 2000 in the Regional Trial Court (RTC) of Cataingan, Masbate Special Case No. 117 a petition for declaration of the absolute nullity of the marriage solemnized on December 26, 1949 between his late brother Cresenciano Ablaza and Leonila Honato. Petitioner alleged the marriage was celebrated without a marriage license (the license being issued only on January 9, 1950) and thus void ab initio; he asserted that as Cresenciano’s surviving brother and alleged heir he had a material interest in Cresenciano’s estate and therefore was a real party in interest entitled to seek nullity.
The RTC dismissed the petition on October 18, 2000, ruling the action was time-barred and that the petitioner was not a party to the marriage; the RTC denied petitioner’s motion for reconsideration on November 14, 2000. Petitioner appealed to the Court of Appeals (CA), which in a decision dated January 30, 2003 (penned by Associate Justice Del Castillo), affirmed the dismissal on the ground that an action to declare a marriage void must be filed by a proper party — namely a party to the marriage — and that a surviving brother was not such a party; the CA also noted the surviving wife had not been impleaded.
Petitioner elevated the case to the Supreme Court by a petition for review on certiorari. The Supreme Court (Third Division) took up whether a person other than a party to the marriage may bring an action for declaration of absolute nullity of a marriage solemnized under the Civil Code and whether the lower courts correctly dismissed the petition for lack of standing/real party in interest and prescription. The Court also considered the effect of...(Subscriber-Only)
Issues:
- Whether the Court of Appeals correctly affirmed the dismissal of the petition on the ground that petitioner, not being a party to the marriage, had no right as real party in interest to seek a declaration of absolute nullity of the marriage of his deceased brother.
- Whether A.M. No. 02-11-10-SC (and the cited executive/regulatory material) and existing jurisprudence preclude a non-spouse from filing for declaration of absolute nullity of a mar...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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