Juan de Dios Carlos V.
Felicidad Carlos asserted that the marriage between
Sandoval
GR No. 179922, December 16, 2008
FACTS:
Spouses Felix B. Carlos and Felipa Elimia
died intestate. They left six parcels of land
to their compulsory heirs Teofilo Carlos and
petitioner Juan de dios Carlos. During the
lifetime of Felix Carlos, he agreed to
transfer his estate to Teofilo in order to
avoid payment of inheritance taxes. Teofilo,
in turn, undertook to deliver and turn over
the share to the other legal heir Juan de
dios Carlos.
Eventually, the first three (3) parcels of land
were transferred and registered in the name
of Teofilo while Parcel No. 4 was registered
in the name of petitioner.
On May 13, 1992, Teofilo died intestate. He
was survived by respondents Felicidad and
their son, Teofilo Carlos II. Upon Teofilo’s
death, parcel no. 5 and 6 were registered in
the name of respondent Felicidad and co-
respondent, Teofilo II.
In 1994, Petitioner instituted a suit against
respondents before RTC in Muntinlupa City.
Both parties submitted and caused the
approval of Partial Compromise Agreement
where they acknowledged their shares in
the proceeds from the sale of a portion of
the first parcel of land which includes the
remaining 6,691 square meters portion of
said land.
Juan de dios Carlos and Felicidad entered
to two more contracts in August 1994 where
they equally divided the third and fourth
parcels of land.
his late brother and Felicidad was a nullity in
view of the absence of the required
marriage license. He likewise maintained
that his deceased brother was neither the
natural nor the adoptive father of Teofilo
Carlos II. He argued that the properties
covered by such certificates of title,
including the sums received by respondents
as proceeds, should be reconveyed to him.
Felicidad contended that the dearth of
details regarding requisite marriage license
did not invalidate Felicidad’s marriage to
Teofilo. Felicidad declared that Teofilo II
was the illegitimate child of the deceased
Teofilo Carlos with another woman.
ISSUE:
W/N Juan de Dios Carlos has the right to
file petition for annulment against
respondent Felipa?
RULING:
Based on A.M. No. 02-11-10-SC known as
“Rule on Declaration of Absolute Nullity of
Void Marriages and Annulment of Voidable
Marriages” states that a petition for the
declaration of absolute nullity of void
marriages may be filed solely by a husband
or wife. Exceptions (1) Nullity of Marriage
cases commenced before the effectivity of
A.M No. 02-11-10-SC and (2) Mariages
celebrated during the effectivity of Civil
Code
Under the Rule on Declaration of Absolute
Nullity and Void Marriage and Annulment of
Voidable Marriage, the petition for
declaration of absolute nullity of marriage
may not be filed by any party outside
marriage. This rule is an exclusive right of
the spouses as stated by:
SEC 2. Petition for declaration of absolute
nullity of void marriage:

(a) Who may file – A petition for

declaration of absolute nullity of
void marriage may be filed solely
by the husband or wife

The records reveal that when Teofilo died

intestate in 1992, his only surviving
compulsory heirs are respondent Felicidad
and their son, Teofilo II. Under the law on
succession, successional rights are
transmitted from the moment of the death of
the decedent and compulsory heirs are
called to succeed by operation of law.

Since A.M No. 02-11-10 is prospective in

application, the rule does not apply to cases
already commenced before March 15, 2003.
The marriage in controversy is celebrated
on May 14, 1962, the marriage is having
solemnized prior to the effectivity of the
Family Code, the applicable law is the Civil
Code which was in effect at the time of its
celebration.

The Civil Code is silent as to who may bring

an action to declare the marriage void. The
absence of a provision in the civil code
cannot be construed as a license for any
person to institute a nullity of marriage case.