Contingent interest

Who can file a petition for declaration of nullity of marriage? Can any person file such petition? These are the questions raised and answered in this case of Diony.

The case involves the properties of the parents of Diony and his brother Fil consisting of six parcels of land. Both of their parents already died intestate but their father, during his lifetime, already agreed to transfer the said lands to Fil, and Fil in turn undertook to deliver to Diony his share on the lands, for purposes of avoiding payment of inheritance tax.

Eventually, the first three parcels of land were transferred in the name of Fil while fourth parcel was transferred in the name of Diony. Unfortunately before the brothers could completely settle the estate of their parents as agreed, Fil died on May 13, 1992 survived by his spouse Fely and their son Fil II.

Upon Fil’s death, parcels 5 & 6 were transferred in the name of Fely and her son Fil II. Thus in 1994, Diony was forced to sue Fely and Fil II before the Regional Trial Court (RTC) questioning the said transfer and praying for determination of their respective shares in the six parcels of land. Eventually they entered into compromise agreements wherein they agreed on their respective shares in the first four parcels of land or in their sales proceeds.

Subsequently however, Diony learned that the marriage between his brother Fil and Fely which was solemnized way back on May 14, 1962 was a nullity in view of the absence of the required marriage license. He likewise discovered that his deceased brother Fil was neither the natural nor the adoptive father of Fil II. Can Diony file this kind of suit?

So, in August 1995, Diony commenced another action before another branch of the RTC praying for the declaration of nullity of the marriage between his late brother Fil and Fely and of the status of Fill II as the son of Fil. Diony thus also prays for the annulment of all the contracts he entered into with Fely and her son as well as the cancellation of titles issued in their names and recovery of the sums received by them. Can Diony file the suit?

Under the new Rule (A.M. 02-11-10-SC) which took effect on March 15, 2003, the petition for declaration of absolute nullity of marriages may be filed only by an aggrieved or injured spouse who may be the husband or wife. Compulsory or intestate heirs of the spouses can not file the petition since they only have inchoate rights prior to the death of their predecessors. Their only recourse is to question the validity of the marriage in the proceeding for the settlement of the estate of the deceased spouse to protect their successional rights.

This new rule is applicable only if: (1) the petition is for declaration of nullity of marriages solemnized under the Family Code which took effect on August 3, 1988 and (2) if the petition is filed after the rule took effect on March 15, 2003. So before March 15, 2003, the compulsory or intestate heirs of the deceased spouse can still file such petition.

In this case, the marriage of Fil and Fely which Diony sought to declare a nullity was solemnized on May 14, 1962 and he filed the petition for nullity in 1995. Hence the new rule is not applicable and the marriage is not governed by the Family Code but by Civil Code which is the law in effect at the time of its celebration. 

While the Civil Code is silent as to who may bring the action, such silence however cannot be construed as a license for any person to institute the petition for the nullity of the marriage. Such petition like any other actions must be prosecuted or defended by the real party in interest or the party who stands to be benefitted or injured by the judgment in the suit or entitled to the avails of the suit.

In this case, when Fil died intestate in 1992, the only surviving compulsory heirs were supposedly Fely and her son Fil II. Diony, a brother and collateral relative cannot be considered a compulsory heir (Article 887, Civil Code). But he still has a right to succeed to one half of the estate of his brother Fil, if the latter’s alleged son Fil II is declared and finally proven not to be Fil’s legitimate, illegitimate or adopted son (Article 1001, Civil Code). So Diony is a real party in-interest to seek the declaration of the absolute nullity of the marriage of his deceased brother Fil to Fely if there is a final declaration that Fil II is not the son of Fil. And he may eventually succeed to the entire estate if said marriage is found to be void ab initio (Article 1003).

But if it is proven that Fil II is the son of Fil whether legitimate, illegitimate or adopted, then Diony’s action for declaration of nullity of marriage of Fely to Fil should be dismissed because he is not a real party in-interest (Carlos vs. Carlos, G.R. 179922, December 16, 2008).

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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