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2007 - Marriage - Enrico vs. Heirs of Sps. Eulogio B. Medinaceli and Trinidad Catli-Medinaceli

This case involves a petition challenging a trial court's order reinstating a case filed by the heirs of Eulogio and Trinidad Medinaceli to nullify Eulogio's marriage to Lolita Enrico after Eulogio's death. The Supreme Court ruled that based on the Family Code, only a husband or wife has legal standing to file for nullification of a marriage. Therefore, Eulogio's heirs did not have standing to challenge the validity of his marriage to Lolita. However, the heirs are not prevented from protecting their succession rights by questioning the validity of the marriage during settlement of Eulogio's estate. The Supreme Court dismissed the case and said the heirs' remedy is in

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176 views2 pages

2007 - Marriage - Enrico vs. Heirs of Sps. Eulogio B. Medinaceli and Trinidad Catli-Medinaceli

This case involves a petition challenging a trial court's order reinstating a case filed by the heirs of Eulogio and Trinidad Medinaceli to nullify Eulogio's marriage to Lolita Enrico after Eulogio's death. The Supreme Court ruled that based on the Family Code, only a husband or wife has legal standing to file for nullification of a marriage. Therefore, Eulogio's heirs did not have standing to challenge the validity of his marriage to Lolita. However, the heirs are not prevented from protecting their succession rights by questioning the validity of the marriage during settlement of Eulogio's estate. The Supreme Court dismissed the case and said the heirs' remedy is in

Uploaded by

Rufhyne Dee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Topic Marriage

Case No. G.R. No. 173614 | September 28, 2007


Case Name Enrico vs. Heirs of Sps. Eulogio B. Medinaceli and Trinidad Catli-Medinaceli
Ponente Chico-Nazario, J.;

RELEVANT FACTS

 Petitioner: Lolita D. Enrico


 Respondent: Heirs of Sps. Eulogio B. Medinaceli and Trinidad Catli-Medinaceli
 This is a petition assailing the RTC’s reinstatement order on the formerly dismissed filed action
for the declaration of nullity of marriage between the petitioner and respondents father. Eulogio
Medinaceli and Trinidad Catli-Medinaceli, were married on June 14, 1962, begotten seven
children. Trinidad died on May 1, 2004; Eulogio married another woman named Lolita Enrico on
August 26, 2004. Six months later, Eulogio passed away.
 Respondents filed an action for declaration of nullity of marriage between Petitioner and the
respondent’s late father on two grounds: 1. that the marriage lacks the requisite of marriage
license, and; 2. the lack of marriage ceremony due to respondent’s father serious illness that
made its performance impossible.
 Lolita, defend her stand by citing Article 34 of the family code arguing her exemption from getting
marriage license. She sought then the dismissal of the respondent’s filed action by citing the AM-
02-11-10-SC, Sec. 2, par. (a) Rule of the family code.
 Pursuant to “AM-02-11-10-SC” embodied the rule on declaration of absolute nullity of void
marriages and annulment of voidable marriages RTC dismissed the respondents filed action.
Respondents filed motion for reconsideration invoking the ruling in the case of Niñal v. Bayadog,
holding that the heirs of a deceased spouse have the standing to assail a voidable marriage even
after death of one of the spouses. RTC granted the motion and issued an order for reinstatement
of the case. Petitioner filed motion for reconsideration but denied, thereby petitioner assailed a
petition directly to Supreme Court.

ISSUE
 
1. WON the heirs may validly file the declaration of nullity of marriage between Eulogio and Lolita.

RATIO DECIDENDI

Issue Ratio
1. WON the heirs may NO.
validly file the declaration
of nullity of marriage  In pursuant to the rule on “AM 02-11-10-SC”, under the Family Code
between Eulogio and of the Philippines. Particularly Sec 2, part (a) Provides that a petition
Lolita. for Declaration of Absolute Nullity of a Void Marriage may be filed
solely by the husband or the wife. Thus, the heirs have no legal
standing to assail the validity of the second marriage of Eulogio.

 In the case at bar, the heirs of Eulogio and Trinidad cannot fight for
the nullity of the marriage of Eulogio and Lolita. However, it does not
mean that they cannot fight for their rights as heirs under the law.
They can still protect their successional rights, for, as stated in the
Rationale of the Rules on Annulment of Voidable Marriages and
Declaration of Absolute Nullity of Void Marriages, Legal Separation
and Provisional Orders, compulsory or intestate heirs can still
question the validity of the marriage of the spouses, not in a
proceeding for declaration of nullity, but upon the death of a spouse
in a proceeding for the settlement of the estate of the deceased
spouse filed in the regular courts.

RULING
WHEREFORE, the Petition is GRANTED. Civil Case No. II-4057 filed before the Regional Trial Court
of Aparri, Cagayan, Branch 6, is ORDERED DISMISSED without prejudice to challenging the validity of
the marriage of Lolita D. Enrico to Eulogio B. Medinaceli in a proceeding for the settlement of the estate of
the latter.
No costs.
SO ORDERED.

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