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    Isidro Ablaza Vs - Republic of The Philippines

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    Paco Roman
    The petitioner filed a petition in court to declare the marriage of his late brother Cresenciano Ablaza and Leonila Honato null and void. He alleged that the marriage was celebrated without a marriage license. The court ruled that a void marriage due to lack of license can be challenged in any proceeding where marital status is relevant, before or after the death of either spouse. As such marriages are treated as non-existent, the petitioner was found to be a real party in interest since he could inherit property from his brother if the marriage was declared void.

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    Isidro Ablaza Vs - Republic of The Philippines

    Uploaded by

    Paco Roman
    603 views1 page
    The petitioner filed a petition in court to declare the marriage of his late brother Cresenciano Ablaza and Leonila Honato null and void. He alleged that the marriage was celebrated without a marriage license. The court ruled that a void marriage due to lack of license can be challenged in any proceeding where marital status is relevant, before or after the death of either spouse. As such marriages are treated as non-existent, the petitioner was found to be a real party in interest since he could inherit property from his brother if the marriage was declared void.

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    1. Isidro Ablaza vs.republic of the Philippines

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    The petitioner filed a petition in court to declare the marriage of his late brother Cresenciano Ablaza and Leonila Honato null and void. He alleged that the marriage was celebrated without a marriage license. The court ruled that a void marriage due to lack of license can be challenged in any proceeding where marital status is relevant, before or after the death of either spouse. As such marriages are treated as non-existent, the petitioner was found to be a real party in interest since he could inherit property from his brother if the marriage was declared void.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    603 views1 page

    Isidro Ablaza Vs - Republic of The Philippines

    Uploaded by

    Paco Roman
    The petitioner filed a petition in court to declare the marriage of his late brother Cresenciano Ablaza and Leonila Honato null and void. He alleged that the marriage was celebrated without a marriage license. The court ruled that a void marriage due to lack of license can be challenged in any proceeding where marital status is relevant, before or after the death of either spouse. As such marriages are treated as non-existent, the petitioner was found to be a real party in interest since he could inherit property from his brother if the marriage was declared void.

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    ISIDRO ABLAZA vs.REPUBLIC OF THE PHILIPPINES G.R. No. 158298 August 11, 2010 BERSAMIN, J.

    FACTS: On October 17, 2000, the petitioner, Isidro Ablaza filed in the Regional Trial Court (RTC) in Cataingan, Masbate a petition for the declaration of the absolute nullity of the marriage contracted on December 26, 1949 between his late brother Cresenciano Ablaza and Leonila Honato. The petitioner alleged that the marriage between Cresenciano and Leonila had been celebrated without a marriage license, due to such license being issued only on January 9, 1950, thereby rendering the marriage void ab initio for having been solemnized without a marriage license. He insisted that his being the surviving brother of Cresenciano who had died without any issue entitled him to one-half of the real properties acquired by Cresenciano before his death, thereby making him a real party in interest; and that any person, himself included, could impugn the validity of the marriage between Cresenciano and Leonila at any time, even after the death of Cresenciano, due to the marriage being void ab initio. ISSUE: Whether the petitioner is a real party in interest in the action to seek the declaration of nullity of the marriage of his deceased brother. HELD: The Court Ruled that, being good for no legal purpose other than remarriage, a void marriage invalidity can be maintained in any proceeding in which the fact of marriage may be material, either direct or collateral, in any civil court between any parties at any time, whether before or after the death of either or both the husband and the wife, and upon mere proof of the facts rendering such marriage void, it will be disregarded or treated as non-existent by the courts." It is not like a voidable marriage which cannot be collaterally attacked except in direct proceeding instituted during the lifetime of the parties so that on the death of either, the marriage cannot be impeached, and is made good ab initio.

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