Case Digest (G.R. No. 268546) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Carmen Lapuz Sy, represented by Macario Lapuz, petitioner and appellant, vs. Eufemio S. Eufemio alias Eufemio Sy Uy, respondent and appellee (G.R. No. L-30977, January 31, 1972), the petitioner filed a petition for legal separation on August 18, 1953, in the Juvenile and Domestic Relations Court of Manila (Civil Case No. 20387), alleging marriage to respondent in September 1934, abandonment in 1943, and respondent’s cohabitation with another woman in March 1949. She prayed for separation and deprivation of respondent’s share in the conjugal partnership. In his second amended answer, respondent asserted affirmative defenses and counterclaimed for nullity ab initio of the marriage on grounds of a prior Chinese marriage. After trial, but before the respondent could offer surrebuttal in June 1969, petitioner died in a vehicular accident on May 31, 1969. Respondent moved to dismiss, arguing that under Art. 102 of the Civil Code the petition was prescribed and that the action abate Case Digest (G.R. No. 268546) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Marriage and petition for legal separation
- Carmen O. Lapuz Sy and Eufemio S. Eufemio were married civilly on September 21, 1934 and canonically on September 30, 1934; they had no children.
- They lived together until 1943, when Eufemio abandoned Carmen; in March 1949 Carmen discovered Eufemio cohabiting with a Chinese woman, Go Hiok, at 1319 Sisa Street, Manila.
- During their marriage they acquired properties; on August 18, 1953 Carmen filed a petition for legal separation praying, among other reliefs, that Eufemio be deprived of his share of the conjugal partnership profits.
- Counterclaim, trial, death of petitioner, and dismissal
- In his second amended answer, respondent Eufemio raised affirmative defenses and counterclaimed for a declaration of nullity ab initio of the marriage on the ground of a prior subsisting Chinese marriage to Go Hiok. Trial proceeded and respondent was to present surrebuttal on June 9 and 18, 1969.
- On May 31, 1969, petitioner Carmen died in a vehicular accident. Respondent moved to dismiss the petition on June 9, 1969 (grounds: one-year prescription under Art. 102, Civil Code; and that death abates the action). On June 26, 1969, counsel for Carmen’s heir moved to substitute Macario Lapuz; respondent opposed. On July 29, 1969, the Juvenile and Domestic Relations Court of Manila dismissed both the petition and counterclaim for legal separation and nullity. A motion for reconsideration was denied on September 15, 1969. Carmen’s heir filed a petition for certiorari on October 14, 1969.
Issues:
- Does the death of the plaintiff before a final decree abate an action for legal separation?
- Does such abatement extend to asserted property rights arising from the decree?
- Does the petitioner’s death also moor the respondent’s counterclaim for a declaration of nullity of the marriage?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)