02 Lapuz vs Eufemio

G.R. No. L-30977. (1972)

Reyes, J.B.L. / JTP

Subject Matter: Testamentary Succession; Legitime

SUMMARY
Carmen Sy filed a case of legal separation against her husband Eufemio upon discovery that the latter had an affair
with another woman. Eufemio in his counter-claim said his marriage with Carmen is actually void because he
already had a prior marriage with Go Hiok 1.
Unfortunately, Carmen died in a vehicular accident prior to the end of the legal separation case. Eufemio then
filed a motion to dismiss claiming that the death abated the action for legal separation. However, Carmen’s father
opposed the motion to dismiss saying that Eufemio’s counter-claim made it an action for nullity of marriage
which for him, survives death. Lower court dismissed the case.
SC held that Eufemio’s counter-claim did not convert said action. It will still be a legal separation case. Since, legal
separation is purely personal, Carmen’s death abated the action. Hence, dismissal is proper. Lastly, the effects of
legal separation such as disallowing the guilty spouse to inherit cannot be enforced independently by the heirs of
the dead spouse because such are merely effects of the legal separation decree.
The question whether an action for nullity survives death became moot and academic.

DOCTRINES
An action for legal separation will be abated by the death of one of the parties involved (if trial still on-going).
Substitution is not allowed. Case would be dismissed.
Moreover, the property rights affected by a decree of legal separation such as the disqualification from inheritance
by the guilty spouse are merely effects of legal separation. Thus, a substitute (e.g. father of the dead innocent
spouse) may not later on continue the enforcement of the loss of this property right by the guilty spouse because
the case itself for legal separation will be discontinued.

PARTIES
Petitioner/ Wife Carmen Lapuz Sy
Father of Petitioner/ Substitute Macario Lapuz

Private Respondent/ Husband Eufemio Eufemio

FACTS
Part 1: The Marriage
● On September 21, 1934, Carmen Lapuz Sy and Eufemio S. Eufemio were married civilly.
● On September 30, 1934, or nine (9) days after, they married in church (canonically)
● They had no children. They acquired several properties.

1
Same ata siya nung ka-affair daw
Part 2: The alleged marital problems according to Carmen
● On 1943, Eufemio abandoned her.
● On March 1949, she then discovered that her husband was cohabiting with Go Hiok at Manila.
Part 3: Wife files a petition (legal separation)
 Carmen prayed for the issuance of legal separation which if granted would deprive Eufemio of shares in
the Conjugal Partnership profits.
Part 5: Husband files an answer
 Eufemio’s counter-claim is that their marriage was actually void ab initio on the ground that he was
previously married to Go Hiok.
Part 6: [IMPORTANT] Wife dies during trial
 Carmen DIED due to a vehicular accident on May 31, 1969.

Part 7: Husband moves to dismiss the case

 Eufemio filed a motion to dismiss on the ground that:
o The petition was filed beyond one-year period under ART 102 of the CC
o [IMPORTANT] Carmen’s death ABATED the action for legal separation.
 However, Macario, Carmen’s father or Eugemio’s father in law, opposed the motion 2.

Part 8: Decision of Lower Courts

Juvenile and ● Dismissed the case for legal separation.
Domestic ● Court reasoned that the cause of action DID NOT SURVIVE THE DEATH
Relations Court of of Carmen. MR was denied.
Manila ● Hence, this petition. (Grounds raised below)

ISSUES
Note: Macario is now claiming that Eufemio’s counter-claim made the action a petition for declaration of nullity
of marriage which he claims survives death. But, the following issues must first be resolved.

1. WON the counter-claim converted the action to a declaration for nullity of marriage? NO
2. WON a legal separation case survives death? NO
3. What happens to the annulment case? Moot and academic

RATIO
Holding: The counter-claim did not convert the action and since legal separation is a purely personal action, it
does not survive death. Hence, it should be dismissed due to the death of the spouse.

FIRST ISSUE
● The nature of a legal separation and a declaration for nullity of marriage are different.
● They can stand independent and separate adjudication.

2
He substituted Carmen in the action
 ● Because, a legal separation case presupposes a valid marriage wile an action for nullity has a voidable
marriage as precondition.
● They are neither inseparable and the counter-claim of nullity will not convert the first action for legal
separation.

SECOND ISSUE
What is the nature of a legal separation petition?
 This action is purely personal so the death of one party causes the death of the action itself.
● The heirs cannot even continue the suit.

[MOST IMPORTANT] What are the effects of legal separation to the right of succession?
● According to ART 106, the offending spouse shall be:
o Disqualified from inheriting from the innocent spouse by intestate succession
o Provisions in the will in favor of the offending spouse shall be revoked by operation of law

But, may the heirs of the offending spouse merely continue to enforce the above disabilities or
penalties against the offending spouse?
 Still no because these effects are sourced from the decree itself. Since the action for legal separation is
abated by death, its effects would never come into existence.

THIRD ISSUE
● Moot and academic

DISPOSITIVE
Judgment AFFIRMED.