Professional Documents
Culture Documents
Eufemio
G.R. No. L-30977. Jan. 31, 1972.
CARMEN LAPUZ SY, represented by her substitute MACARIO
LAPUZ, petitioner-appellant, vs. EUFEMIO S. EUFEMIO alias
EUFEMIO SY UY, respondent-appellee.
FACTS:
Carmen Lapuz filed a petition for legal separation against Eufemio S.
Eufemio, alleging that they were married, that they lived together as
husband and wife continuously until her husband abandoned her, that
they had no child, that they had acquired properties during their
marriage, and that she discovered her husband cohabiting with a
Chinese woman named Go Hiok. She prayed for the issuance of a
decree of legal separation, which would order that Eufemio should be
deprived of his share of the conjugal partnership profits.
Eufemio filed an answer and counter-claimed for declaration of nullity
ab initio of his marriage with Lapuz, on the ground of his prior and
subsisting marriage, celebrated according to Chinese law and customs,
with Go Hiok.
Before trial could be completed, Carmen Lapuz died in a car accident.
Eufemio moved to dismiss the petition for legal separation on two
grounds: (1) the petition for legal separation was filed beyond the oneyear period provided for in Art. 102 of the Civil Code, and (2) the death
of Carmen abated the action for legal separation.
Counsel for Carmen moved to substitute the deceased Carmen by her
father, Macario Lapuz. Counsel for Eufemio opposed the motion.
The Juvenile and Domestic Relations Court dismissed the case, on the
ground that the cause of action did not survive.
ISSUES:
1. Whether or not the action for legal separation was converted by
the counterclaim into one for declaration for nullity of marriage
NO
2. Does the death of the plaintiff before final decree, in an action for
legal separation, abate the action? If it does, will abatement also
apply if the action involves property rights?
HELD/RATIO:
1. The respondent has acquiesced to the dismissal of the
counterclaim. The petition for legal separation and the
counterclaim to declare the nullity of the self same marriage can