Case Digest (G.R. No. 221538)
Facts:
In Margarita Romualdez-Licaros v. Abelardo B. Licaros, the spouses were married on December 15, 1968, and bore two children. By 1979, they separated from bed and board. In 1982, Margarita moved to the United States with the children. On April 26, 1989, she obtained a divorce decree from the Superior Court of California, County of San Mateo; on August 6, 1990, she and Abelardo executed an Agreement of Separation of Properties before the Philippine Consulate in San Francisco. On August 21, 1990, Abelardo filed a petition in the Regional Trial Court (RTC) of Makati (Special Proceeding No. 2551) to dissolve their conjugal partnership of gains, which the RTC granted on December 27, 1990. On June 24, 1991, he commenced Civil Case No. 91-1757 in the same court, seeking nullity of marriage based on psychological incapacity. Margarita, residing at 96 Mulberry Lane, Atherton, California, was deemed a non-resident and was served by publication and via the Department of Foreign Affairs (DFACase Digest (G.R. No. 221538)
Facts:
- Marriage and Separation
- Abelardo B. Licaros and Margarita Romualdez-Licaros were married on December 15, 1968; they had two children, Maria Concepcion and Abelardo Jr.
- Marital differences led to separation from bed and board in 1979; in 1982 Margarita emigrated to the United States with the children.
- California Divorce and Property Agreement
- On April 26, 1989, Margarita filed for divorce in San Mateo, California, declining counseling; decree of divorce granted on August 6, 1990, with property distribution.
- On August 17, 1990, the spouses executed an Agreement of Separation of Properties; on August 21, 1990, they filed Special Proceeding No. 2551 in RTC Makati for dissolution of the conjugal partnership and approval of the agreement.
- RTC Makati issued a decision on December 27, 1990 granting dissolution and approving the separation agreement.
- Nullity of Marriage Proceedings
- On June 24, 1991, Abelardo filed Civil Case No. 91-1757 in RTC Makati to declare the marriage null and void for psychological incapacity under the New Family Code.
- Margarita, residing in California, was treated as a non-resident; the court ordered summons by publication for three weeks and sending summons, petition, and order to her U.S. address via the Department of Foreign Affairs (DFA).
- Process Server’s Return (July 15, 1991) certified mailing to DFA; Trial Prosecutor reported no collusion; ex parte presentation of evidence followed.
- On November 8, 1991, the RTC declared the marriage null and void.
- Petition to Annul Prior Judgments
- On April 28, 2000, Margarita received notice of the November 8, 1991 nullity decision and learned she could no longer use the name “Licaros.”
- She filed a petition to annul the dissolution of conjugal partnership decision (Dec. 27, 1990) and the nullity decision (Nov. 8, 1991), alleging:
- Extrinsic fraud in the preparation and filing of the dissolution petition and separation agreement.
- Lack of jurisdiction of the trial court in the nullity case due to improper service of summons.
Issues:
- Whether the service of summons on Margarita in the nullity case was valid, thereby vesting the RTC with jurisdiction.
- Whether there was extrinsic fraud in the preparation and filing of the Petition for Dissolution of the Conjugal Partnership of Gains and the Agreement of Separation of Properties.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)