This article discusses the question of who can file a petition for nullity of marriage if one of the spouses dies, based on Article 52 and 53 of the Family Code.
Article 52 of the Family Code requires that the judgment of absolute nullity of marriage , the partition and distribution of the properties of the spouses and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registry of properties.
However, said decision and its certificate of finality were not registered with the Office of the Civil Registry of the city. So, it was not annotated in the TCT of their house and lot and no actual partition was undertaken. The presumptive legitimes of their children were not also delivered. Pursuant to this Comment/Opposition, Lina and her five children with Rolly also filed a petition with the RTC for Declaration of Nullity of the marriage of Rolly and Cely on the ground that the said marriage was entered into without complying with the provisions of Article 52 and 53 regarding the decision of the RTC on the nullity of the first marriage to Lina.
So, the petition for Declaration of Nullity of the subsequent marriage of Rolly and Cely should be dismissed without prejudice to the right of the five children of Rolly to challenge the validity of said marriage in the proceeding for the settlement of his estate.
Family Code Nullity Of Marriage Petition Heirs Psychological Incapacity
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